UK Landlord Forum / Life

Hi all. I have a question I hope you can help with.  I got a call saying there was a leak coming from my rented flat into the business below. Having got a plumber in it looks like the cistern has been leaking. The plumber said that water has been consistently dripping in the toilet bowl (in between flushing which they should have noticed) for days/weeks and the water has built up.  My tenants did not make me aware of this if they had the leak would have been repaired without resulting in the current level of damage. Does this mean they have some liability and should pay for some of the work? Any advice would be much appreciated. Thanks!

I'd have thought the seepage into the pan was a separate issue. Water doesn't build up in the toilet bowl (unless you've got a major blockage). It's more likely the leak that affected the property downstairs is coming from the flush pipe, or possibly the fill valve, and wouldn't necessarily be obvious unless your tenants are in the habit of crawling around on the bathroom floor.

I think most of us have experienced something similar to 'if only they told us sooner'. The short answer is no the tenants should not pay for some of the work in this instance. I mean you can try to ask them to contribute to the cost but I personally would not because I feel this could damage a good relationship if they are decent tenants. The question of whether or not they actually bear a certain share of liability is more complex. What is clear is that you, as the LL is responsible for these repairs. The most you can do is make them aware of the consequences of a minor issue that can create more serious damage further down the line and encourage them to be more observant and let you know as they occur. Also this is a reason for regular and thorough inspections can help you spot issues and potential problems.

Firstly thanks both for taking the time to reply. I am a fairly new landlady with only this one property so it's been a steep learning curve!

I'm not sure how often they crawl around the floor but it was obvious from the state of the property that they certainly didn't do that to clean the floor or anywhere else for that matter. I am not sure what the exact cause of the leak was but will ask the plumber to explain properly when I see him next. He was in a rush but managed to stop the leak which was the main thing.

Appreciate your point re liability. I could see and hear the dripping which the plumber says was related to the leak but I don't think it was obvious enough that I could hold them to that. Good advice re inspections. I will take that on board from now on. They were acquaintances through work so I thought I could trust them but that's a lesson learnt for me!

Thanks again for your responses.

@Karty11 What does your tenancy agreement say?

Mine (from OpenRent) includes:

9.21. To notify the Landlord immediately regarding, and confirm in writing as soon as practical thereafter, any defect in the Premises which comes to the Tenant's attention and which is the responsibility of the Landlord to repair. Failure to do so will result in the tenant having to pay the Landlord all liabilities which may be incurred by the Landlord as a result of any such defect not having been so notified.

If yours has similar, then you can argue that it's they have some liability for the additional damage.

Whether you should enforce it or not, is a matter of judgement for you.

In the case of your leak, the tenant may say that they didn't see it, so it didn't "come to the Tenant's attention".

Quote from: HandyMan on March 31, 2022, 07:13:33 AMIn the case of your leak, the tenant may say that they didn't see it, so it didn't "come to the Tenant's attention".

This is the issue! I have spoken to them and they have said they didn't notice it so I don't think there is much I can do.