
Sharon asks…
Dispute with landlord/agent?
My girlfriend took on a rental property during the cold spell of last winter. After viewing she paid £525 depo and six months rent up front and signed the contract. She informed them that she would not be moving in for a month as it was a relocation, at this the agency said that they would keep the keys for her until she moved. During this period there was extreme weather which caused a pipe to burst and caused flooding to the flooring in the kitchen of the property.
My girlfriend picked up the keys and opened the front door for the first time to find the flood water. She informed the agents immediately who said they would look into it. When they got back to her they said that the landlord would be liable for fixing the piping but due to the fact that the contract states that the occupier should make “precautions” for extreme weather my girlfriend would be liable for the costs for the flooring.
After a period of time the pipes were fixed (for which my girlfriend had to take time off work to allow access). The cost of this was approx £450 for which the landlord claimed on his insurance. My girlfriend would have to provide reciepts for the flooring, and if the flooring was to cost less than the cost of the pipe repairs she would have to make up the difference in cash.
Can anyone tell me if my girlfriend is within her rights to challenge any or all of this, a prompt answer would be appreciated as she is being bullied heavily by the agent to get the repair done ASAP.
Thanks for any help.
answers:
This is all the landlords problem. Logic dictates that the owners of the property are liable for all the repairs and all the damages to the unit. Unless your lease is written in such a way as to place the liability upon the tenant, doubtful.

Jenny asks…
Can someone help me with 3 true/false questions about insurance? 10 points?
3. Landlords can insure the property of their tenants as a part of their liability policy.
6. An endorsement does not cost an additional premium
9. Homeowner’s package policies provide coverage for a higher premium than separate coverage for each type of risk.
answers:
3. False- Liability coverage has nothing to do with property. Every Landlord I’ve ever seen only provides coverage for the landlord, not the tenant.
6. Making an endorsement does not cost any additional premium but the actual change to the policy may make the premium go up or down. Ex: An Endorsement adding a car to a policy would make the policy go up because we are adding coverage, not because we simply made an endorsement.
9.False HO policies are almost always cheaper than getting the coverage from seperate policies.
Good luck on your test

Charles asks…
I moved in to a newly renovated home and 3 weeks later the kitchen cabinet on the wall simply fell off?
All the dishes, bowls, serving bowls, trays, etc broke. The cabinet missed hitting me by inches because I jumped out of the way. The property manager told me to deduct the cost of the replacement from the rent, which I did. The landlord sent a letter saying he would allow less than half of the amount since it was standard insurance practice to pay for the value at the time of loss and not replacement value. Is he responsible for the cost since it was his cabinet and poor installation?
answers:
He pays for the cabinet, your insurance company pays for your things. They pay actual value, not replacment value. Dishes at Good will are cheap, that is where you would base the value. It is genrous of him to pay anything, and 50% is more then your insurance would pay. He is not required to pay anything.

Michael asks…
What are Tenant and Landlord rights in WI?
I have a tenant who voluntary moved out of the rental house because the house was inhabitale. She is now taking me to court. Although last year there was repairs done to the house such as new carpet, painted walls, new cabinets in kitchen and new wood borders placed in. The reason for all this repairs cause the water heater exploded. The house insurance paid for all the repairs total cost was $10K in repairs. About a year later the tenant moved out and trashed the carpet (which now needs a deep cleaning) and dirted the walls. She expects me to give her security deposit back she has taken me to small claims court. She moved out on June 14th its only been a week. She has left her belongings in the garage. I have no idea when is picking up her stuff. I want to send her a letter saying to get rid of her stuff. How many days does she have to remove her things from the property? What are my rights as a landlord?
answers:
Send her a letter saying that she needs to pick her stuff up within a week or you’ll move it to storage and charge her the storage fee…
Give her the deposit back

Maria asks…
What if landlord does not submit landlord registration? – New Jersey?
When I decided not to resign my lease with my landlord her behavior changed. They were currently renovating the downstairs apartment (2 unit house) and kept the heat turned down (I had no access to thermostat, utilities included). She dropped off a list of instructions on how to prepare the apartment for the next tenant which were above and beyond a traditional cleaning and repairs. When showing the apartment to others she noticed I had a space heater and called me at 7am to notify me they were not permitted, I informed her husband working on the downstairs renovation that the lease did not dictate such a stipulation, I was cold due to the heat being turned down, and to please call me within normal business hours unless it is an emegency. I received emails and messages from the landlord accusing me of avoiding her about the “space heather issue” and I had to remind her I already addressed it with her husband who is routinely at the house. Then, they began entering my apt. without notifying me in the last weeks of my lease. When I expressed my frustration at this she hung up on me.
When I scheduled my walk through she wouldn’t look at the apartment (which was professionally cleaned), instead jumped into accusations that I had paid rent late routinely and she felt she could keep at least half of my deposit. I did not pay rent late once. She gave me an excellent recommendation to my new landlord, and I have the emails to back it up. She also tried to get me to rent the downstairs apartment (why would she do that if I was such a bad tenant) before I decided not to resign, she denied doing so in the “walk through” and left without inspecting the apartment.
She emailed me the next day a long, nasty letter but told me she’d be returning my money. I began to suspect something wasn’t right. I summited an open records form request to view the landlord registration for that property and the clerk emailed me to let me know there was no registration for that address. So she is renting a two apartment house with no registration of any kind. She just returned my money, with no interest, and I’m not really looking to continue this drama I am just curious to know why she wouldn’t register the property (she says she has 6 properties)? Does it cost money or does she have to have a more expensive insurance? What is she getting out of not filing the correct paperwork?
Thanks for your responses, I understand you may not get why I’d care what she does, but I submitted the request while I was waiting the 3 weeks for my security deposit, since she was being untruthful I did not trust that she would indeed return it. I know two others who rent from her. I am not looking to do anything with this information, I am just curious why she wouldn’t file the appropriate paperwork – how did she benefit from this?
answers:
If you’ve moved out, and gotten your money back, why are you still stressing over your old landlord? Let it go.

Betty asks…
Help with shared ownership insurance policies?
We live in a shared ownership flat which has caused nothing but problems ever since we’ve moved in.
I rang the housing association (the landlord in leasing terms), last week to say the plumbing had been leaking and had flooded our washing machine, and I wanted to find out whether I can claim off the buildings insurance (a policy which I have asked to see on several occasions) for the damaged wall and skirting, and they are now denying that I ever rang, and twisting the conversation to suggest that the washing machine caused the fault and that they are therefore unable to help.
I have a £90 plumbing bill, £100 excess on the contents insurance to get a new carpet, and I have to get a new washer because the contents insurers say that the flood would be classed as plumbing wear and tear. My case handler is trying to find out whether we are covered for the washing machine as it is only 2 years old, so whilst we wait we are without a washing machine.
My question is, after paying service charge, rent and the relevent insurances to the housing association, are they obliged to share the costs of the repairs, and why are they shying away from their responsibilities?
I have referred back to our lease which states that mains plumbing is the Landlords (HA) responsiblity, and anything internal is ours.
We have already had the taps in the bathroom replaced (they were constantly dripping) the toilet has been repaired once, NHBC and the plumber I had out have deemed the plumbing “inadequate”.
NHBC came out because we have been getting an awful stench in the kitchen area, i reported this to them 2 years ago, and NHBC came out last week and said it was definately due to the insufficient plumbing, and had they claimed within the two years it would have been covered under their policy, but the HA left it so late and shirked their responsibilities, that they now have to send out further contractors to get it fixed, which they should have done 2 years ago!!
Do the Housing Association have an obligation to help with our repair costs, seeing as they have sold us a property with difficient services and we have reported these problems on several occasions?
Sorry its long winded, I just don’t know where else to turn!!!
thank you.
We part own it, part rent it. We cannot afford to sell. We are required to pay the housing associations sale fee’s as well as ours, we will owe more on the mortgage than what we make back.
The water was constantly running into our washing machine, we werent to know this until the drum filled up and flooded the kitchen.
THEY hold the buildings insurance policy, I want them to fix the cracked wall and skirting, I am not disputing that we have to pay for the carpet.
answers:
Previous answer is ignorant and incorrect… why people insist on answering questions when they patently don’t understand the terms being used is beyond me. Please ignore all of it !
It’s a pretty simple break down and shared ownership isn’t the problem.
If the flooding was down to a failure (i.e it sprung a leak) of the built in plumbing the damage should be recoverable from the buildings cover.
If it was because it was never installed properly in the first place, that’s where the NHBC should come in.
If they are charging you a share of the buildings premium via the service charge you are entitled to a copy of the policy or at least of the certificate.
If it was caused purely by the washing machine it’s down to you and your contents insurance, but you obviously know that.
Shared ownership has nothing to do with this. You could own the lease outright and the problem would be the same i.e. The landlord/managing agent being pants. I’ve seen problems on straight leaseholds while other people in shared ownership properties have had no strife getting works done at all.
If you reported problems to the HA which they didn’t pass on to the NHBC in time, you also have a pretty good case against them for negligence, though you’ll need to prove the dates and facts I’m afraid.
Your only mistake is trusting people to do their job, you let something go for 2 years…. Don’t make that mistake again…. I’m sorry to say the HA probably now have you pegged as a soft touch…. So you’re going to have to get a bit down and dirty with them.
Your best bet to start is to go see the Citizens Advice Bureau, they are free and if they don’t know the answer they will know who will. Landlord/leaseholder disputes aren’t exactly rare after all. They are independent volunteers who just want to help, the only difference between the CAB and here is they have to PROVE they know what they’re talking about, not just vote themselves an ‘expert’ like people on here do.
I’m confident that you will get a just solution to this, you have pretty good rules in the UK to stop this nonsense happening, it’s just so wrong that you should have to fight for it in the first place.
From the Cab website
“By law, your landlord has a number of repairing responsibilities, including repairing and keeping in working order:-
the structure and exterior of the premises, including drains, gutters and external pipes
the water and gas pipes and electric wiring (including, for example, taps and sockets)
the basins, sinks, baths and toilets
fixed heaters (for example, gas fires) and water heaters (but not gas or electric cookers).”
There’s not much more I can say than go see the CAB or your local council (I’d try CAB first) they’ll know far more than I do, but I know how stressful these things can be so you can always drop me an email through here… even if you just want a friendly soul to talk through your options with.
Http://www.citizensadvice.org.uk/
http://www.adviceguide.org.uk/

Lisa asks…
Legal rights?
My neighbours fence fell on my car and damaged it cost is £400. My neighbour rents the property and his landlord has refused to pay for the damages saying that i should claim from my own home insurance to cover the cost which i think is unfair.
Can anyone advise what i can do as not sure.
Im worried if i take it to court then do i have to pay for the legal fees or can they be claimed back if i win
Please help
answers:
Take them to court. When they ask the amount you are sueing for, add the legal fees to whatever the damage is. Just because you have home owners insurance does not let this jerk off landlord off the hook. You could do what I did if you do have insurance- let the insurance handle it. They will sue the guy on your behalf. If you do not have insurance, you will definitely win the case so go for it.

Sandy asks…
Water damage to rented house; who is responsible?
Hello, I rent a house in NV and woke up on Monday morning to quite a mess.
The wall behind the shower head in the master bedroom shares a washing machine and dryer in the laundry room on the other side. I walked into the laundry room to find the hardwood floors soaked. When I stepped on the boards, water bubbled up in between them. I moved the washing machine away from the wall, afraid it was a problem with the machine. However, the machine had no evidence of leaking, or the water spouts in the wall connected to it.
Behind the dryer, where the shower head/knobs of the master bedroom are, the wall was soaked. In the bathroom, the wall next to the shower is also wet and damaged (the wallpaper was already stripped away in that area before I moved in, now it is wet and soft, as well). This makes me think this is not the first time this has happened.
I tried unsuccessfully to get ahold of my out-of-state landlord, and have not used that bathroom since. He returned my call this morning to let me know he would come tomorrow to look at it. My question is this: is there anything I could have done to cause this unknowingly? Had it been the washing machine, I’m sure I would have been responsible, but since it was the shower, can I be held liable for the cost of fixing/replacing the wall and floor if this proves necessary? I have renter’s insurance, but I don’t think it applies since it is the landlord‘s property/structure of the house that is damaged and none of my belongings. I considered taking pictures, but nothing showed up when I tried, and pictures don’t show how soft or wet the wall/floors are.
Any advice/insight would be appreciated. Please let me know if I need to elaborate on any details. Thanks in advance.
By the way, there was also mold inside the wall when I looked (there is a 2×1 foot board screwed on the wall that I removed to look at the back of the shower head/knobs). I know there is a lot of discrepancy and overreactions regarding mold, but should I do anything about this? Not sure if it is the “dangerous” kind, but everyone in the house has been feeling fine.
answers:
No. You are in no way responsible for this. Plumbing is purely the landlord’s responsibility. The only time a tenant can be held responsible for a plumbing leak is if they caused a clog. Your renter’s insurance would have nothing to do with this. Their home owner’s insurance might.
The really harmful mold is quite rare. Most mold is harmless unless you are allergic to it. If you are worried about it you can always call your local housing authority to get it tested.

George asks…
As the tenants, are we responsible for paying the deductible for this accident?
We moved in to our new house about a month ago. Our landlord said that we needed to obtain renter’s insurance, but we got busy and forgot to get it right away. You know how things go.
So our basement is mostly finished, but in the corner of one of the rooms, there were two small pipes coming out of the wall (about 5″ or 6″ long, and about an inch diameter) where I assume some sort of sink used to be. My roommate bumped one of the pipes with the back of his leg as he was moving something, and it broke off and water started pouring into the basement. He was home by himself and didn’t know what to do, called our property management company, they also didn’t really know what to do, and we ended up with about an inch of water by the time they all figured out how to shut the water main. We got a lot of the water out with towels, buckets, and a wet-vac, but then they had a professional guy come in and do a proper clean-up and make sure everything dried properly.
The property management company just informed us that the clean-up cost $1,320, and the home owner’s insurance deductible is $1,000, which they told us we need to pay.
Is that really right for us to have to pay that deductible? The pipe didn’t take that much pressure for it to break, he just backed into it and it snapped off. And if the property management company would have been able to tell him how to shut the water off, there wouldn’t have been as much of an issue, but they didn’t know either, and now it’s our responsibility to pay for the damages because of that?
My roommate and I have never dealt with anything like this, and we’re super confused and worried because that’s more money than we can afford to part with right now. Also, we have renter’s insurance now (started after the accident), and the property management company told us to try and make a claim, even though it happened before, which seems kind of futile. I don’t know. We’re super confused. Any help would be greatly appreciated!
Thanks for reading!
Here is a picture of the pipes in question:
http://imgur.com/BStBz
They’re actually about 1/2″ in diameter. The right one is the one that broke off originally, and honestly, I know it sounds crazy that a simple bump could break a pipe, but it’s super skinny and it’s sticking out 7″ from the wall. Another bump could break it right off again.
answers:
There is no wiggle room in this situation; YOU created the damage, so YOU get to pay for it. Renter’s insurance is irrelevant in this case, unless your personal items were damaged in the flood you caused.
A lot more than a simple bump created this. You can downplay your involvement however much you want, but most of the posters on this forum are not stupid and will immediately know that something doesn’t add up here. Nice try, but again, there are no ifs, ands, or buts in this situation. Pay up.
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