Tenant advice: Avoiding costs by reporting problems as they occur.

By Steve Roulstone

Today’s subject has been a thorny one for Tenants as long as I have been a Letting Agent and longer. Problems that occur within houses if not reported can make far more damage than if reported without delay once it has been noted. The issue is who’s responsibility is the additional damage caused and who is liable for any costs in putting the situation right.

Old cases.

There are many that I could quote but I suppose the first time this happened is the one that I remember the best. This was a leak from a bathroom and the subsequent damage to a kitchen ceiling. The problem was water tracking around the side of a shower curtain and slowly soaking the plaster above the kitchen until a whole section fell off.

Tenant view.

The Tenant view was that the fault was with the shower curtain and that she could not be held responsible for the damage caused. Our view was that both the fact that it was obvious that water was finding its way through and the additional damage caused by failing to report the matter were both the responsibility of the Tenant. Just because something does not work correctly, does not mean you should keep using it ignoring the consequences.

Coverall.

Of course your agreement should ensure that it is quite clear that if secondary damage is caused under these circumstances then the cost is down to the Tenant for failing to address the issue (report it) then half of the battle is won, but we must not forget that we now have the arbitration system if Tenants disagree and I can confirm that the system has always supported us in such cases when claim has had to be made.

Long process.

Of course the knowledge that we should be proven right is not the whole and not what we rely upon, because in the first instance somebody has to pay for the remedial work and as we have found on numerous occasions, a system that does not allow for immediate resolution can annoy those who have to pay for works that they should not have to do so, and wait until a Tenant vacates before the money can be re-cooped.

Getting it right from the start.

This is why good Agents will endeavour to get resolution at the time of the incident and why Tenants may find themselves involved in lengthy discussions that they feel are invasive at the time. But as Property Managers, Agents cannot just ignore the situation.

Current case.

What bought the issue to mind is a Company let, where secondary damage is quiet severe, as a known leek from a cistern, instead of being reported, was contained in a small bowl and repeatedly emptied. The inevitable happened and the bowl was forgotten along it seems with the leak. The subsequent damage is a ruined carpet and underlay, damp walls to well over a meter high and ruined plasterwork and of course the decoration. Apart from anything else, having now dealt with the leak (The only bit the Landlord is responsible for) we now will have to wait several weeks, with the aid of a de-humidifier, before the repair work can be undertaken.

Conclusion.

This case will of course mean several difficult conversations and meetings but that is what we must do to protect the Landlord but as a clearer case I trust you can understand why the damage should not be at the Landlords expense and also understand why the Landlord should not have to stand out of pocket for works which are liable to cost anything up to £500 to repair.