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Rent Reduction Due To Damage NOT Landlord's Responsibility

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122 views 1 replies latest reply: 02 July 2016

I am new to the forum. I am 32 years old, self-employed and have a three year old son.

So, the upstairs flat shares the same letting agent as me but we have different landlords. A few months ago, the upstairs tenant was showering and water leaked from his shower and into my bedroom causing everything to become wet. After this, his bath was resealed and I though nothing more of it.

However about four weeks ago, durning the night, water started gushing into my room from  upstairs again. I frantically swapped pans, buckets, getting drenched, all the while calling the letting agent (who was some miles away and wouldn’t come and get the keys for upstairs), banging on upstair’s tenants windows, doors, calling emmenrgency plumbers….In the end I dialled 999 and the police broke into his flat and turned off the shower. The tenant was lying on the floor (having “passed out”) and he had left the shower running. Rather than running into the bath, it was jetting out against the wall. I have since heard that the bath in fact was not sealed properly, the shower had the wrong head on it which meant it was angled against the wall and the water pressure was too high.

My bedroom carpet has been taken out and the walls are currently being dried out with a dehumidifier before work on them can start.

1) My bed was ruined and I have been told by the letting agent “I should have contents insurance” so it is basically my fault and I am out of pocket.

2) My landlord has decided to “allow letting agent to do repairs rather than go through insurance”. Surely the upstairs landlord should be using his insurance?? Why would they not be going through the proper channels?

3) My son and I have had no bedrooms for a month now (we are sleeping in the living room and all the stuff from my bedroom is in his room).

Here is where I believe I stand legally: I should buy my new bed and pay my rent as usual. Then I should propse my landlord gives me a rent reduction as I have been paying for a 2 bedroom flat for a month which basically has no bedrooms, and I should give him the bill for the new bed. Then HE should pass all this onto the upstairs landlord and make him reimburse my landlord. THEN is the upstairs landlord wants to sue his tenant for leaving water runing, he can do so. I don’t see why the buck stops with me and I am out of pocket.

Any opinions on this would be greatly appreciated.



Hello Rachel, I have just read your dilemma. My advice would be to inform as many people as possible, that would be SHELTER, CAB and maybe Enviromental Health at your local council. As you probably have more rights then you think. It is always worth taking out contents insurance, and it is not that expensive – check out Martin Lewis site for best deals.

When our roof leaked all of our possessions were ruined in our loft, no-one was interested. When a builder was sent to do some work in our bedroom, he broke both our wardrobes and got paint all over our bed. Our Landlord has recently passed us on to an agent, and when we informed them of this, they just shrugged their shoulders. Looking at our rental contract, it states that damage to our property caused by the landlords builders, is the lanlords responsibility to replace them. But, in our case, it was before the agent took over. As your damage is caused by the upper flat, then surely it is the landlord of that flat to replace your damaged goods? CAB can arrange a free solicitor for you, that is what I would do if it was me. If you are on benefits you may get legal aid, if not the small claims court is only about £30. Sue the other landlord eh? Get some support for yourself and don’t put up with your situation any longer.


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