Scots Law

Scottish Law Questions? Ask a Scots Lawyer

Ask an Expert,
Get an Answer ASAP!

Scots Law

Hoping someone can give some advice. I live in a rented

Customer Question
Hoping someone can give some...
Hoping someone can give some advice.
I live in a rented property from a letting agents for around 1 year now in Scotland, UK.
Our landlord came to do an inspection in June 2015. (previous inspection was around Sept 2014) He noticed some small marks on kitchen ceiling and asked me what they were? I said I don't know and ask him what they were? He said he doesn't know, he said he would investigate them. He did not and I heard nothing more about it.
6 Weeks later while having a shower, water began pouring out kitchen ceiling where those said marks were. I moved some furniture around in the bathroom and other objects and saw water marks on bathroom wallpaper where water from shower was leaking out due to faulty shower fittings.
I called landlord immediately and he sent someone out 6 days later to repair caulking. Hes now blaming me for the damage saying if I had notified him sooner about the water mark stains outside the shower and on the kitchen ceiling then the damage would not have got worse, so therefore I am responsible and have to pay for the damage.
My defence is that
1) I had furniture in bathroom and other bathroom objects which blocked my view to seeing the water stains on bathroom wall, but as soon as I saw them I reported them.
2) The stain marks on the kitchen ceiling I hadn't noticed before the landlord saw them when he visited in June 2015 but he did not investigate them, so I presumed it must not be anything important. Now those stain marks were obviously the beginning of the water leaking from shower upstairs into kitchen below. Neighbours told me he had problems with leaking shower before he moved in, but I only have their word that it was a pre existing problem.
My questions are:
a) Am I responsible as a tenant to repair this damage? or to pay the cost of the repairs?
b) I have been given quotes to repair the damage from people I have contacted who just told me its a small job, only about £200-£300. Landlord is saying its much much more and I have to pay for the damage. Landlords getting quotes from loss adjusters who said "ohh leaks obvious and been there 6 months!" yes it is, so long as you don't have furniture in front of it. The loss adjusters are also saying more things need to be done ie extractor fans etc but the quotes I have got are saying a much smaller amount of things need to be done to fix it. So whos right?
c) Will LLs insurance pay for this to be repaired? as it was obviously a gradual leak that has been going on for a while?
d) If he makes an insurance claim, then what happens? does he make the claim before any repairs and then gets money from insurance company to make the repairs?
e) The landlord has decided to evict us now. So we have two months to leave and will be leaving soon now. Does leaving change anything in all of this? in terms of what we should or should not do?
f) Landlord said if I do not get all this repaired before I live this will be a legal matter. I don't know what to do? Should I pay for the repairs from one of the quotes I have been given before I leave?
g) Landlord also noticed mould on bathroom wallpaper which I had told the letting agents about 1 month after we moved in but they did not investigate it further. Hence mould got worse. I have been told by specialists that its the wrong type of wallpaper in a bathroom and also bathroom should have an extractor fan and opening a window is not enough. Landlord wants me to have the bathroom repainted and re-wallpapered and said that the window is enough to prevent the mould hence I am responsible for the mould.
Hope someone can help?
Submitted: 2 years ago.Category: Scots Law
Show More
Show Less
Ask Your Own Scots Law Question
Answered in 6 hours by:
8/31/2015
Lawyer: JGM, Solicitor replied 2 years ago
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,695
Experience: 30 years as a practising solicitor.
Verified

I am a solicitor in Scotland. The landlord is talking nonsense. The root cause of the problem was a faulty shower fitting for which he is responsible. The fact that you didn't notice the leak is irrelevant. It was a latent defect and couldn't be easily seen behind furniture. The landlord is entirely responsible for everything other than damage caused by the tenant and you didn't cause any damage. The landlord has to keep the property to the repairing standard and the faulty shower fitting would breach that standard. You can't be held responsible for the loss incurred as a consequence of his failure to keep the property to the repairing standard.

Ask Your Own Scots Law Question
Customer reply replied 2 years ago
Thanks for the reply, the LandLord is quoting the tenancy agreement which says "the tenant undertakes to immediately notify landlord of the need for any repair or emergency""The tenant will be liable for cost of repairs where the need for them is attributable to his fault of negligence"And he is saying "Failure to notify him (the LandLord) of the leak would mean, I am responsible for the damage caused by the leak by my negligence of not reporting it immediately and I can not argue that I did not notice the leak as there is water damage on the outside bottom wall of the shower which is obvious and can not be missed and he has the report from loss adjuster saying leak damage probably began 6 months ago"My argument isa) Yes the water damage is obvious and can not be missed IF there is no bathroom furniture etc. But for months we had our own bathroom furniture and an old bucket we don't use which obscured our view of the water leak. (we have pictures with the bathroom furniture etc in place which shows one can not see the affected areas)b) Landlord inspected property in June 2015 and guess what, he also did not notice the water leak on outside of shower wall either.c) Landlord did notice a small stain mark on kitchen ceiling which in retrospect was the early stage of the above bathroom shower leaking, and he did not investigate that, until 2 months later water began dripping from that kitchen ceiling stain after the leak obviously finally gave way which I reported right away. I had not noticed that stain on kitchen ceiling until the landlord saw it, guess landlord could have said I should have noticed it but then again why did he do nothing about it when he saw it?Landlord still saying "Well its your fault for having furniture in the way which obscured your view in bathroom, you should always move furniture etc regularly to check for possible leaks, you should have been more observant and had more due diligence so you are responsible for the damage the leak has caused over the months its been leaking".Anyway, how can the landlord prove we should have noticed leaks? Well he said he can prove we should have noticed the leaks as he took pictures after we noticed the leaks, showing bathroom with no furniture or objects and the water leak damage looks so obvious in the pictures you can see it a mile away but thats not how the layout of the bathroom was for months and we have pictures of how the bathroom looked with furniture etc which show that the affected area was not visible at all.Could he then still claim we had a lack of due diligence and should periodically check for leaks behind furniture? or would that argument not be viable?
Lawyer: JGM, Solicitor replied 2 years ago

Negligence as a legal test is characterised as doing something or omitting to do something that no reasonable person would do or not do. Would a reasonable person have noticed having regard to the furniture and layout? I would say not. Your landlord is at it!

Ask Your Own Scots Law Question
Customer reply replied 2 years ago
LL had a company who work with his insurance company out, hes still waiting for a report. We are due to leave house soon as LL has requested he wants to move back in.The LL is saying if we want to pay for the repairs we can do, but have to use a company of his choice.There was no inventory completed before moving in. What does this mean? However, the LL has photos from before we moved in. But can those photos be used as I do not think they were dated.We don't know what to do? Should we:a) Use one of LLs preferred companies and pay for the repairs ourselves if affordable even though leak was not our fault.b) Do not make repairs and before we move out of property?c) Negotiate with LL how much it would cost for the repairs and offer to pay towards it if the costs are reasonable ?d) If landlord either gives us a too high amount for us to make the repairs or only accepts us to pay for all of the repairs which we can not afford what should we do?e) Wait for the LLs outcome from his Insurance company and before we move out do not make any repairs?
Lawyer: JGM, Solicitor replied 2 years ago

I think you should hold out until this insurance company prepare a report. Even then, as I have already said, I don't think that you should be held responsible for what are essential latent defects which you could not reasonably have known about.

Ask Your Own Scots Law Question
Customer reply replied 2 years ago
Thanks!UPDATELandlord/letting agents never did a check in inventory. LL said he has photographs from before we moved in, however I did not sign for those photos nor do I know when they were taken, could have been 5 years ago!Anyhow, LL said he wants me to meet him at the house to do a check out inventory with him on Sunday. I told the letting agents I would give them they keys on Monday and that was agreed with them.I don't know what to do? I really don't want to goto this check out inventory with the landlord as I do not feel comfortable around him and intimidated by him. I don't understand how they can do a check out inventory when they never did a check in inventory? Do I have to goto the check out inspection?What do you think I should do?
Lawyer: JGM, Solicitor replied 2 years ago
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.
Ask Your Own Scots Law Question
Ask JGM Your Own Question
JGM
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,695
11,695 Satisfied Customers
Experience: 30 years as a practising solicitor.

JGM is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

345 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

John Knox

John Knox

Solicitor

226 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

26 satisfied customers

I am a practicing solicitor, specialising in litigation, employment and family law

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,753 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

< Previous | Next >

Related Scots Law Questions
I was charged in 2014 for alleged mortgage fraud in Scotland
Hi I was charged in 2014 for alleged mortgage fraud in Scotland they accused me of inflated my income I have had my mortgage for 5 years and never missed a payment infact I pay £500 extra every month,… read more
JGM
JGM
Solicitor
11,695 satisfied customers
My friend began stalking me and I put up with it for over a
My friend began stalking me and I put up with it for over a year. I eventually had no choice but to call the police to ask if they would give him a warning to leave me alone. They have charged him and… read more
ivorylounge
ivorylounge
Bachelor\u0027s Degree
36 satisfied customers
Can you please give me a detailed step by step guide as to
Hi can you please give me a detailed step by step guide as to ordering an action for division and sale of a property? I do not wish to make any profit from the sale but would like my legal expenses co… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I gave a statement yesterday about an incident,
Hi, I gave a statement yesterday about an incident … read more
JGM
JGM
Solicitor
11,695 satisfied customers
I was granted liferent of my 160 year old cottage when my
I was granted liferent of my 160 year old cottage when my husband died eight years ago, with a 1/3 interest in the property when I move/sell or die. I've never received any trust documents, just a few… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I have failed the visual field test and have had my licence
I have failed the visual field test and have had my licence withdrawn. My hospital notes say my eyesight has not deteriorated in he last 20 years. Can I appeal on "grandad" grounds? I am not a commerc… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I've just reported my ex for assualting me by pushing me. If
I've just reported my ex for assualting me by pushing me. If he admits to pushing me What will he be charged with and what will he get as a scentence … read more
JGM
JGM
Solicitor
11,695 satisfied customers
We paid for and erected a boundary fence between our house
We paid for and erected a boundary fence between our house and our neighbours house several years ago with the agreement of our neighbour of many years. The fence is of timber construction, 5 feet hig… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I am 79 and live in sheltered housing in Aberdeen (Dunmail
I am 79 and live in sheltered housing in Aberdeen (Dunmail Manor). … read more
JGM
JGM
Solicitor
11,695 satisfied customers
Is it possible to have US citizenship and Scottish
Is it possible to have US citizenship and Scottish Citizenship?How can a US citizen apply for work authorization in Scotland? How can a US citizen apply for permanents residence in Scotland?… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I had a gambling problem and I am autistic and have medical
I had a gambling problem and I am autistic and have medical records to prove it, while working for my work the bank I said the transactions were fraudulent the total is £20000 it's down to me having a… read more
JGM
JGM
Solicitor
11,695 satisfied customers
My mother made anew will recently.she owns 1 half share of
My mother made anew will recently.she owns 1 half share of the house that my sister lives in. My sister owns the other half. My mother's will stipulates that on her death her heritable must be sold an… read more
JGM
JGM
Solicitor
11,695 satisfied customers
My husband died 2 MONTHS AGO.He had an intervivous trust
My husband died 2 MONTHS AGO.He had an intervivous trust which was set up in 1966 before we married.I understand that he was classed as a liferenter of his own money.I now have the liferent of the inc… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I have a query regarding common maintenance in my Edinburgh
Hi, I have a query regarding common maintenance in my Edinburgh tenement block. The title for my flat has nothing regarding how maintenance costs should be allocated, so I assumed it was a simple divi… read more
JGM
JGM
Solicitor
11,695 satisfied customers
I currently own a flat which I rent out. I am currently a
I currently own a flat which I rent out. I am currently a higher rate tax payer and wish to transfer the rental income to my wife as she pays the lower rate tax. Do I need to transfer ownership of the… read more
JGM
JGM
Solicitor
11,695 satisfied customers
My absent father died in april 2016. I assumed that if he
My absent father died in april 2016. I assumed that if he left me anything I would have been contacted. His house is now on the market being sold by my half sister. She isn't responding to my question… read more
JGM
JGM
Solicitor
11,695 satisfied customers
After being told I am receiving compulsory redundancy, I
Hi. After being told I am receiving compulsory redundancy, I asked for a meeting with my manager to ask what were the criteria for me being made redundant above others in the team as I have an exempla… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
345 satisfied customers
Have attended a DWP fraud interview under caution. Have had
Have attended a DWP fraud interview under caution. Have had a holiday to US booked since start of the year-can I go?… read more
JGM
JGM
Solicitor
11,695 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x