Landlord liability for damage

[dadmeister]

A close family friend of mine rents a room in a shared house and would like some advice.

He had previously complained on several occasions (not in writing) about a leaking roof above his room, not just this as there are numerous repairs outstanding. Recently whilst he was at work there was a very heavy downpour of rain and water came through his ceiling and into his nearly new laptop (we got him it for his 21st).

Needless to say the laptop is dead and he complained to the landlord and said he felt the landlord was responsible for replacing the dead laptop as it was caused by a fault he was aware of.

The landlord initially offered to pay half the cost of a replacement, but as this was rejected has now withdrawn the offer of paying half in a strongly worded email that also threatens my friend with eviction (see attached email)

Can someone let us know where he stands and what can be done, who to contact etc?

Many thanks

DM

[PlanB]

Re: Landlord liability for damage

A close family friend of mine rents a room in a shared house and would like some advice.

He had previously complained on several occasions (not in writing) about a leaking roof above his room, not just this as there are numerous repairs outstanding. Recently whilst he was at work there was a very heavy downpour of rain and water came through his ceiling and into his nearly new laptop (we got him it for his 21st).

Needless to say the laptop is dead and he complained to the landlord and said he felt the landlord was responsible for replacing the dead laptop as it was caused by a fault he was aware of.

The landlord initially offered to pay half the cost of a replacement, but as this was rejected has now withdrawn the offer of paying half in a strongly worded email that also threatens my friend with eviction

First things first. Does this guy have a tenancy agreement of any sort because that may be the key to the legal situation. Most tenancy agreements say that the Tenant is responsible for providing their own contents insurance. Some even make it a condition of the agreement that proof of cover is provided to the Landlord. That email refers to a letter about the insurance - what is that all about?

If the tenancy agreement (if it exists) doesn't say anything about contents insurance then your friend needs to know whether he can claim compensation from the Landlord. The simple answer is *Yes* he can take him to court for damages. Does your friend have any evidence (albeit not in writing) that the Landlord was put on notice of a leak which had the potential to cause damage to his stuff? Can he take photos of the roof problem. Can he take his laptop to a repair shop and get a quote for fixing it or a letter saying it's beyond repair due to water damage. He will need evidence if he wants to pursue this.

Read this on his legal rights: http://england.shelter.org.uk/get_ad..._to_belongings

Luckily for your firend the Landlord has offered to pay half towards the replacement cost of the laptop which could be seen as an admission of liability. How was that offer made? In an email so he's got it in writing or over the phone?

The next thing to consider is once a court summons is issued you can expect a total breakdown of the relationship between Landlord and Tenant. So if his tenancy agreement says the Landlord can give one month's notice then I expect the Landlord will give him one month's notice unless your friend is still within a fixed term period in which case the Landlord will have to wait for that period to expire then he will give him one month's notice (it should be two if it's an AST). The Landlord can only give notice during a fixed period if there are rent arrears (section 8 Notice). If the Landlord wants to give notice once the fixed term has expired he can serve a section 21 Notice which is a "no-fault" notice meaning the Landlord doesn't have to give a reason other than the fact that he wants to terminate the contract and take back possession of the property/room. He's hinted at doing this in that stroppy email.

What I'm wondering is why the Landlord hasn't carried out all the repairs you mention. If your friend wanted to pile on the pressure he should contact his Local Authority and invite an Environmental Health Officer to inspect the house. If the Council feel that there are repairs necessary then they can serve legal notices on the Landlord to force him to carry out certain repairs and even enforce this with legal proceedings.

Having said all that there does seem to be a willingness to settle this by the Landlord without the need to escalate it to court which could result in your friend having to pack his bags and move out if the Landlord has the legal right to serve a s.21 Notice (this all depends on the tenancy agreement so tell me more about that).

I've read that email and as a mother of ditzy daughter and as a Landlord I can see where his rage is coming from He's offering to speak to you (?) on Monday to sort this out. My approach would be one of compromise first and foremost. Ask the Landlord whether he has contents insurance because if the property is furnished he should have. If so then suggest the cost of the ruined laptop is claimed off that policy. Raise the issue of the ongoing repairs which he has neglected to put right and tell him (nicely) that you expect these to be done asap or your friend will contact the council for help (since he's ignored your friend's pleas). Ask him what he would consider a reasonable amount of money to deduct from the rent until the work is done

[wales01man]

Re: Landlord liability for damage

ashe has offered some compo then talk to him talk of legal action may be premature

[dadmeister]

Re: Landlord liability for damage

My friend is getting me his tenancy agreement tonight, so I'll post more info tomorrow as I'm at work today.

Thanks for the input.

DM

[PlanB]

Re: Landlord liability for damage

My friend is getting me his tenancy agreement tonight, so I'll post more info tomorrow as I'm at work today.

I think your friend needs to know where he stands legally since that will make negotiations a whole lot easier. I also think that was a hot-tempered email from his Landlord and I doubt eviction is really on the cards

Here's a link to a quirky US website about how to salvage laptops which have suffered water damage. Is your friend sure it can't be repaired before he makes a song and dance about a replacement?

http://www.mycrazymachine.com/mcmblog/?p=90

[dadmeister]

Re: Landlord liability for damage

I have sent an email to our local council's housing advice dept and will post when I hear back.