Trenners Posted December 3, 2008 Report Share Posted December 3, 2008 Hi, Please can I have the forums thoughts on this question: Whilst the tenant is away on holiday the landlord's gas central heating boiler springs a substantial leak and dumps a huge quanity of water on the landlord's kitchen lino as well as the hall and lounge carpets. The boiler is now totally bust and the landlord is reluctantly (and very slowly) claiming on his buildings insurance for a new boiler. Who is responsible for paying for the damaged carpet though as the landlord's insurance company is saying that the carpet is "contents" and the landlord has only purchased a buildings policy. The tenant has a "tenant contents" policy - but the carpets do not belong to the tenant and the tenant has not been negligent, at all, in causing the damage to the carpets. Finally, fearing eviction from the landlord, the tenant did start to try and claim for the carpet on her own insurance but has now moved out (never to return). Does this change the advice ? Thoughts ? Mark Link to comment Share on other sites More sharing options...
Melboy Posted December 3, 2008 Report Share Posted December 3, 2008 Hi, Please can I have the forums thoughts on this question: Whilst the tenant is away on holiday the landlord's gas central heating boiler springs a substantial leak and dumps a huge quanity of water on the landlord's kitchen lino as well as the hall and lounge carpets. The boiler is now totally bust and the landlord is reluctantly (and very slowly) claiming on his buildings insurance for a new boiler. Who is responsible for paying for the damaged carpet though as the landlord's insurance company is saying that the carpet is "contents" and the landlord has only purchased a buildings policy. The tenant has a "tenant contents" policy - but the carpets do not belong to the tenant and the tenant has not been negligent, at all, in causing the damage to the carpets. Finally, fearing eviction from the landlord, the tenant did start to try and claim for the carpet on her own insurance but has now moved out (never to return). Does this change the advice ? Thoughts ? Mark Good one Mark! Can Jon quote for a new boiler installation? lol The Landlord should have had contents cover in place as the carpets belong to the Landlord. I have to say, reluctantly, that the Insurance Company are right in what they are saying on this occasion. Mel. Link to comment Share on other sites More sharing options...
Preston Posted December 3, 2008 Report Share Posted December 3, 2008 Hi If they are the landlords carpets, then it is definitely the landlord I'm afraid. Had they been the tenants carpets he could have argued that the disrepair was not due to his negligence - just to ordinary wear and tear - and that he was not therefore responsible for any consequential damage, for which the tenant should have been insured. His case for this would have been even stronger if the tenancy agreement had made insurance responsibilities clear. So, just as its not the landlords fault that the carpets were damaged, neither is it the tenants, so he cant claim from her at all. Preston Link to comment Share on other sites More sharing options...
ankitadas Posted July 20, 2010 Report Share Posted July 20, 2010 Hi The insurance company's policy is right. Nobody can claim tenants for the damage of their own carpet. If there is any damage to any part of your house hold then you can claim to tenants. Carpet is your responsibility. Regards Carpet Cleaning Bolton Link to comment Share on other sites More sharing options...
Mortitia Posted July 20, 2010 Report Share Posted July 20, 2010 I agree with Preston on this one. Unless you had the Rolls Royce of carpet Trenners I don't see what the upset is - get another. Shame about your lost tenant whom I do have sympathy for. Not knowing who was responsible must have been stressful for her. Mortitia Link to comment Share on other sites More sharing options...
Melboy Posted July 21, 2010 Report Share Posted July 21, 2010 This thread is a couple of years old Mortitia. I don't think Trenners is too concerned now though. Mel. Link to comment Share on other sites More sharing options...
Joe Williams Posted July 23, 2010 Report Share Posted July 23, 2010 Although this is an old post it is still worth supporting good advice for anyone that reads it. Landlords should always build the rught terms for this type of thing into their tenants contracts and ofcourse have full and comprehensive insurance. Property Rent London Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted July 24, 2010 Report Share Posted July 24, 2010 Though an old post it is a intresting question and it is sometimes worthwhile to go back to them to see if anyone has any fresh thoughs on it or there has been any changes in the law. My thoughs are that it is the L/L reponsibility to replace the carpets insurance or no insurance and would look upon it just the same as if the L/L had supplied a cooker,fridge etc which then had broken down and the L/L didnt get repaired. What you then do about it is the tricky one. It is not unheard of for tenants to want a discount if they have to wait for something to be repaired and the L/L is draging their heals. Link to comment Share on other sites More sharing options...
Melboy Posted July 24, 2010 Report Share Posted July 24, 2010 I'll stick by what I said in 2008.........The landlord should have insurance cover for both contents and buildings to avoid cop outs by the insurance company who will always try and avoid any responsibilty of any claim if they possibly can and in this original case they did. Contents cover is cheap enough to buy for any landlord and the premium is tax deductable. .......and Jon ,my Son, did replace the boiler for Mark (Trenners)............. Mel. Link to comment Share on other sites More sharing options...
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