Rented flat flooded with waste water

[trover]

We rented a flat in the city centre. Waste water overflowed from the showering area. During the 1st inspection no faults were found. It reoccurred a week later. 2nd inspection took place after two days of reporting. During the 2nd inspection waste water continuously overflowed and flooded two bedrooms. We were put into various hotels and Airbnb away from the city centre by the management company during the three weeks of repairs.

Some of the places (hotels) lacked kitchen so we had to buy takeaways. Some of the places were remote from the city centre with no bus service available so we had to use taxi to the nearest bus stop that have buses running. The contractor also turned on the dehydrator 24/7 and consumed a considerable amount of electricity, and consumed a considerable amount of water. Not to mention the amount of time wasted moving between locations and awaiting their arrangements between the gaps of check out and check in for the next accommodation.

I tried to ask for reimbursement, but the management company response was a flat refusal (£0). I also missed the ombudsman’s deadline, (partly) because of the wrong advice from my university’s law clinic to pursue with a wrong ADR, but not that of important now.

Am I correct that I can rely on s. 9A(1)(b) and s. 10(1) of The Landlord and Tenant Act 1985, as well as ‘service not performed with reasonable care and skill’ under the Consumer Rights Act 2015 to claim damage from the management company?

Thanks in advance.

[atticus]

You are correct about sections 9A and 10 Landlord and Tenant Act 1985. However, your claim will be against the landlord, and not his agent.

In relation to the Consumer Rights Act 2015, please clarify what service you have in mind: is it the letting generally, or remedial work?

[trover]

You are correct about sections 9A and 10 Landlord and Tenant Act 1985. However, your claim will be against the landlord, and not his agent.

In relation to the Consumer Rights Act 2015, please clarify what service you have in mind: is it the letting generally, or remedial work?

Thanks for pointing that out, otherwise I would have been chasing the wrong party! Did the breach started the time waste water flooded the bedrooms, or when it first occurred within the showering area?

I tend to consider the lease as a whole. First, the landlord should have carried out sufficient maintenance to prevent the overflow, as well as to ensure the flat is habitable to satisfy the Landlord and Tenant Act. The management company claimed that the blockage was somewhere in the communal area, I am not sure if that was relevant. Second, the contractor should have undergone a thorough inspection to identify the problem when I first reported it. Third, they should not have left the issue for two more days after I reported the recurrence before sending the contractor for a second inspection.

In my opinion, had the above been three isolated incidents, it would not have been as serious.

Regarding the remedial work, I have no knowledge of how long it should take to dehydrate the two bedrooms, replace the vinyl flooring of the ensuite, and replace the carpet of the two bedrooms. I feel that three weeks may be a bit on the longer end.

Thank you.

[atticus]

Hold on! You mention a lease. Please be clear, do you have a lease or do you rent under an Assured Tenancy Agreement? If it's a lease, you can forget my first reply.

[trover]

Hold on! You mention a lease. Please be clear, do you have a lease or do you rent under an Assured Tenancy Agreement? If it's a lease, you can forget my first reply.

It was an Assured Shorthold Tenancy Agreement lasting 12 months. I wasn’t aware of their differences, sorry for the confusion.

[Pezza54]

What does your tenancy agreement say about alternative accommodation if the property must be vacated by the tenant to carry out repair work?
Drying out extensive water damage can take time and 3 weeks doesn't sound unreasonable for drying out the structure, replacing floor finishings and necessary redecorations
Dehumidifiers speed up the drying out process. You should present your normal monthly electricity bill and the bill for the month when the dehumidifier was used to show the landlord the extra cost you have incurred. The landlord should be able to recover this cost on his insurance
When you say the service not performed with reasonable care and skill, do you mean the management company moving you between alternative hotels with a few being unsuitable? Much depends on the wording of your tenancy agreement

[Pezza54]

Did you find out the cause of the flooding?
It doesn't sound like a blockage in a communal pipe to me. If it was other appliances such as basins and wcs would also have overflowed

[trover]

What does your tenancy agreement say about alternative accommodation if the property must be vacated by the tenant to carry out repair work?
Drying out extensive water damage can take time and 3 weeks doesn't sound unreasonable for drying out the structure, replacing floor finishings and necessary redecorations
Dehumidifiers speed up the drying out process. You should present your normal monthly electricity bill and the bill for the month when the dehumidifier was used to show the landlord the extra cost you have incurred. The landlord should be able to recover this cost on his insurance

The tenancy agreement did not specify arrangements if the property has to be vacated.

One thing regarding the insurance, taking the day the flat flooded as day 1, on day 15 the management company notified me the insurance confirmed approval for works. That means they only started the work 2 weeks after the incident.

I believe the alternative accommodation was paid out by the insurance company.

When you say the service not performed with reasonable care and skill, do you mean the management company moving you between alternative hotels with a few being unsuitable? Much depends on the wording of your tenancy agreement

I am not optimistic that the claim would be successful in this way, because the tenancy agreement did not specify arrangements, as you said it depends on the wording. Will I have a better chance claiming the contract as a whole as mentioned in #3 paragraph 2? Or better focus on the Landlord and Tenant Act?

Did you find out the cause of the flooding?

I just dug out the pictures (very disgusting), waste water only overflew from the shower room in the ensuite, not even in the family bathroom. And there were a lot of silverfish in the flat around that period because it was so moist.

This is what they told me when I asked for reimbursement:
“The contractor who attended discovered that the issue was outside of the demise of the flat, when we found this information the blocks managing agents were advised as we are not able to undertake repairs to common parts or other flats in the building.”

Thank you.

[Pezza54]

From what I have read if the tenancy agreement is silent on the tenant vacating the flat for repair work, the landlord is not legally bound to pay for alternative accommodation. Some tenants in this unfortunate position have ended up at council offices seeking temporary emergency accommodation
Knowing this I am not confident your claim would have a good chance of success

[atticus]

But these costs can be included in a claim for damages under the L&TA 1985.

[trover]

From what I have read if the tenancy agreement is silent on the tenant vacating the flat for repair work, the landlord is not legally bound to pay for alternative accommodation. Some tenants in this unfortunate position have ended up at council offices seeking temporary emergency accommodation
Knowing this I am not confident your claim would have a good chance of success

That was what I was told by Shelter and the management company. However, reading from different posts, it seems to me that damage resulting from their breach of the legislation (contract) can be claimed.

But these costs can be included in a claim for damages under the L&TA 1985.

I have drafted a LBC, could you take a moment to review it and give me some feedback? Thank you.

[Pezza54]

As you started your letter with Dear Sir, it should end with Yours faithfully

[trover]

As you started your letter with Dear Sir, it should end with Yours faithfully

I didn’t realise they weren’t interchangeable, will bear that in mind, thank you.

[atticus]

I remain dubious about a claim under the Consumer Rights Act 2015.

[trover]

I remain dubious about a claim under the Consumer Rights Act 2015.

I think I can remove the whole paragraph without affecting the claim. Did you spot any other issues?