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water damage thru bathroom leak, - damage in kitchen, bathroom,

hallway and lounge - when...
water damage thru bathroom leak, - damage in kitchen, bathroom, hallway and lounge - when call received my husband was at property sucked up the water and installed a dehumidifier with 2 hrs. contacted our insurance co who have offered 30% refund of rent from date of incident to finish. 7 days builders will be in.. tenants want more compensation and be moved out to hotel. the builders are employed by the ins co and the house is deemed to be habitable. there is an onsuite toilet and handbasin as well as the bathroom which we are advised will be fixed with 1 day...and the builders will clean up every day as if they have not been there. what is our liability to the tenants.
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Answered in 1 minute by:
2/29/2012
Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,268
Experience: Over 5 years in practice.
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Hi

Thank you for your question. I will try to help with this.

What type of tenancy agreement do they have?
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Customer reply replied 6 years ago

assured shorthold tenancy agreement drawn up by the estate agent who introduced the clients and collect the rent and pass on to us we paid a % in the begining of the tenancy for introduction and to collect the rent-

Ok. Whats the sum of their loss?

Is it just that the property has flooding or have their items been damaged?
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Customer reply replied 6 years ago
inconvenience as they should have contents ins to cover their own items. the ins co says its habitable and so their offer is around £800 total - for the 30% reduction. this is the 2nd offer as the first was around £350 total- this was their response to the 30% reduction in rent - quote:-

I have read the contents and wish to put on record the fact that your tenants are willing to cooperate with the owners, their representatives and builders and wish to conclude this matter in a way which is both reasonable and fair to both sides..

However your offer does not nearly reflect the inconvenience suffered so far, nor the disruption to come.

I wish to remind you and your insurers that there is only one bathroom at the property and whilst my son will make alternative arrangements, my daughter and granddaughter will endure serious difficulties whilst workmen are carrying out the repair.

I personally feel that thought should be given to relocating your tenants to a Hotel for during the period that KNK Building Services are on site, but your tenants are keen to avoid any undue expense on your side. That said will give thought to the requests in your email when we are in receipt an offer which more accurately reflects the distress, costs and hardship already incurred and those to come.

Customer reply replied 6 years ago
what is our liability to the tenants......it seems they are not satisfied with what the ins co have offered and thats all we can offer?
You are not liable to meet the cost of a hotel room. The very highest point of your liability is a reduction in rent.

The reduction in rent is difficult to ascertain really as its a question of fact for the court.

The other point to mention at this stage is they have no choice but to co-operate with your reasonable access to the house to put right this damage. Their contract demands that of them so its not really a concession that they are willing to be conciliatory.

If the house is deemed habitable then unless that judgement is without any merit at all, they can live there and the court will not allow a reduction that reflects an inability to live there.

In fairness though, if the bathroom is unusable then that does amount to significant inconvenience. A separate toilet and hand basin is not really adequate I'm afraid. If there were a separate shower and hand basin that might be a challenge. A bathroom is a really essential room in the house.

Overall, there is a risk that a court could order more significant reduction than 30% if the bathroom is genuinely unusable and will be for some time.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT.

Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,268
Experience: Over 5 years in practice.
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Jo C. and 87 other UK Property Law Specialists are ready to help you
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Customer reply replied 6 years ago
but the bathroom will only be out of action for the period 9am to 5pm whilst it is being fixed for 1 day max. the only damage was the hand basin hot tap which was to be fixed within a couple of days, but was put off for a further day max 4 days in total at the tenants request. after that the bathroom was fine to use. only the sink hot tap was out of action for max 4 days.
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Customer reply replied 6 years ago

perhaps i should say that in total the hot tap in the sink in the bathroom was out of action for 4 days, then fixed completly. and to fix it will be a max of 1 working day 9am to 5pm so this will be done whilst the people are out at work.

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