Ask an Property Solicitor. Get an Answer ASAP.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you had any form of insurance?
Alex,There is buildings insurance and the managing agents recouped the cost of the repairs from the buildings insurance company. I was advised by email that the incident resulted in a loss of rent of 1600 stg and the insurers are refusing to cover this as the flat was not deemed uninhabitable. However, in a previous email received, I was advised that the loss of rent was 550 stg. I am confused as I do not understand why a) I am being quoted two different loss of rent figures and b) can you confirm whether I am legally obliged to pay for loss of rent. Thank you.
Indeed. Did the Landlord have Landlord insurance for his flat?
No he does not have this insurance based on the answer I received.
Ah then that is his own fault.
A Landlord would normally take out his own insurance for loss of rent etc.
Given the fact that the flat was habitable but the Landlord for whatever reason did not want to have a tenant, then no you are not liable.
A Landlord must mitigate their loss
They have not
The flat was habitable.
The Landlord could have had insurance
Therefore the Landlord has failed to take all reasonable steps to mitigate any loss
Therefore based on this then you are not liable.
Can I clarify anything for you about this today please?
The landlord maintains that the tenant elected not to move in whilst the ceiling was being repaired and that because of this I am liable to pay for missed rent. I understand that from the time the leak was advised to me to the time the ceiling was repaired 5-7 days went by. I will need to confirm this timing. If the timing is longer, will this change my liability position.
No you are not liable.
That is a matter between the tenant and Landlord
Not your fault.
Does that clarify?
If I have a follow up query in relation to this matter can I still revert for further information. Thank you.
The question does not close
Alex, I apologise for reverting to seek absolute confirmation however I now have accurate timelines regarding this issue of the leak between my flat (upstairs) and the flat below.
1. Tenant from flat below called to my flat and spoke with my tenant in early September advising that there appeared to be a leak in his flat and he wanted to check my flat for evidence of origination of the leak. My tenant allowed him access and neither found any evidence of leak.
2. 2-3 weeks later, the landlord and Maintenance Man called to the flat, again to look for signs of a leak. My tenant allowed them access and neither suggested to him that he should have reported a leak earlier etc etc. I received a call from the Managing Agents for the building of water leaking from my flat into flat below and confirming that cost of repair to flat below would be met from Buildings Insurance. I was asked to source a plumber to repair the leak in my flat which I did. The plumber was brought in by the Agents managing the flat for me and it took two separate visits to repair it over a 5 day period. The situation was resolved.
3. I was advised in writing in Nov that claim was submitted for cost of repair and missed rent in respect of flat below. Insurers cover the cost of repair but on the basis that the flat was not deemed inhabitable they refused to pay the lost rent.
4. The initial quote for lost rent in November was 600 stg and then in Feb I was advised that the lost rent was 1500 stg.
I need to be absolutely sure I am not liable to cover this lost rent. I am being asked to pay by the landlord from the flat below
You are NOT liable.
Please confirm that I have no obligation to pay.
On what grounds am I not liable please?
1. Its not your fault.
2. The Landlord tried to fix
3. The tenant below should have insurance
Can I clarify anything else for you?
If not can I ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply