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Category: Law
Satisfied Customers: 33539
Experience:  Barrister at Self Employed Barrister
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Our new tenant in middle floor flat incorrectly connected her

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Our new tenant in middle floor flat incorrectly connected her washing machine to filler hose, tried to turn tap off and went out. Pressure built up it blew off flooding most flooring to the flat which was destroyed. The water went into the flat below damaging walls and decor and flooding a carpet and settee. We are self managing the tenancy which is on a standard Andrews contract. Contract advises tenant to hold liability cover for landlords contents against damage etc. States tenant must pay Landlords costs and expenses including Legal in connection with any breach. 1. Should tenant pay all our floor covering costs? 2. Should tenant pay £250.00 excess for insurance claim (carpets not covered on insurance) but for the redecorating and building damage to flat below? 3. Should our tenant pay £50.00 excess for settee damage to tenant in bottom flat?
As this was an accident then this is something which should be claimable on the joint insurance. The tenant however would be liable for any excess sums due. Happy to discuss. Please rate positive.
Category: Law
Satisfied Customers: 33539
Experience: Barrister at Self Employed Barrister
ivorylounge and other Law Specialists are ready to help you
Thank you for your question. My name is ***** ***** I will try to help with this.
This was an act that might be considered negligence in law. Therefore the tenant is liable for all damage caused by her actions.
The landlord is also liable to others who had their property damaged vicariously for the actions of his tenant but he could recover from the tenant.
Equally you can claim upon the insurance if you choose.
Can I clarify anything for you?
Customer: replied 2 years ago.

can you confirm tenant is definately liable for replacement to our floor coverings not covered by buildings insurance.We have photographic evidence of blown off tap and hose as she is seeking advice with citizens advice.

If her actions amount to negligence and this damage was the consequence then she is liable.
The insurance company might be the more solvent defendant though.

Would you mind confirming whether you meant to accept my colleague's answer or mine?