Water leaks in your rental property
Water leaks in your rental property can be very dangerous and can harm your health and wellbeing.
Our housing disrepair team may be able to help you claim for the necessary repairs to be carried out on a no-win no fee basis. We may be able to help you claim compensation for your suffering too.
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What We Will Do?
If your personal belongings are damaged due to water leaks, it can be incredibly disappointing for you as a tenant. If you have suffered due to leaking pipes and your landlord has not fixed the issue as soon as they should then you will likely be entitled to compensation.
We will first assess the disrepair and risks in your house through our experts’ visits to ensure your safety in your home. If we find that your health and safety are severely affected by the water leakage, we will help you make a claim to have the repairs carried out and compensation.
We will also provide you with an instant calculation using a housing disrepair calculator regarding the approximate level of compensation you could receive for your housing disrepair claim.
Our housing disrepair solicitors are here to help you; contact us at 0161 697 5959 today to find out how our expert housing disrepair team can help you resolve the housing disrepair issue. All housing disrepair claims are dealt with on a no-win, no-fee basis.
What Should I Do if There is a Water Leak in My Rental Property?
If you’re experiencing water leaks in your rental property and damaging your personal belongings or health or somewhat disturbing you in any way, you should contact your landlord immediately and be sure to keep a record of the contact that you made.
How to Make a Housing Disrepair Claim for Water Leaks?
If your landlord is responsible for water leaks in your home and they have failed to repair it after being informed of the issue, you can make a claim against them.
Before making your claim, you will need to follow this process so you can demonstrate to the court that you have been reasonable but your landlord has not:
Report to your Landlord:
After verbally informing the landlord, send the complaint in writing or email about the issues you are having. Your landlord should respond without delay. Depending on the nature of the complaint and the seriousness of the issue it may be reasonable to expect a response on the same day.
Contact Our No Win No Fee Housing Solicitors for Legal Advice:
No win no fee housing disrepair solicitors can help tenants make a claim to have any remedial work completed and for compensation. Our solicitors can guide you on the process and how much you can claim from the negligent landlord. To Check the compensation amount that you get use disrepair compensation calculator.
Survey of your property by Your Local Environmental Health Department:
If your landlord refuses or ignores to fix water leak issues then you can report an issue to your local environmental health department. We recommend you do this without delay.
Proof of claims:
You need proof to support your claim against your landlord. For example, pictures/videos of the damage in your home, medical reports, GP supporting letters if the leaks caused any health issues, any correspondence and e-mails with the landlord, all receipts of repairing done by you, and receipts of medical treatments. The success of a claim comes down to how much of it we can prove.
Seek Medical Advice if The Disrepair Has Caused Illness or Injury:
Damp and mould in the home can lead to severe breathing problems and asthma, especially in the elderly and children. If left untreated it can cause lasting effects.
The Landlord’s Response:
If the landlord admits liability, then the issue should be resolved relatively quickly. If liability is denied then the claim will continue and court proceedings will be issued against them, if need be.
Inspection by an expert surveyor:
The surveyor can be instructed jointly with your landlord or you and your landlord may both instruct their own surveyor separately. The purpose of the surveyor’s report will be to confirm any disrepair present, the likely cause, and whether responsibility lies with the landlord or you.
Value your Claim:
The value of the compensation claim will take into account many factors such as inconvenience, loss of enjoyment of the property, health issues or injuries and expenses you have incurred. Our housing disrepair team will ensure you get as much as you deserve.
ADR and Court Action:
The court is considered the last resort. If you have made complaints already and it fails then we will be justified in starting Court proceedings. Many cases will not go as far as a trial and often settle before it gets that far.
Can Leaks Lead to Other Disrepairs?
Water Leaks can also lead to other disrepair issues that may have serious affects to your daily life. For instance, a leaking roof may cause structural damage to the property. Water Leaks can also cause damp and mould, leading to serious health problems.
All three acts, The Landlord and Tenant Act 1985, the Housing Act 2004, and the Homes (Fitness for Human Habitation) Act 2018, state that landlords are responsible for ensuring gas, electrical, and plumbing works are in good condition.
Your landlord has to ensure that the gas supply and any gas equipment, all electrical supplies, and any power installations/equipment and sanitation installations are in safe and working condition.
We understand how stressful and disturbing it is to live in an unsafe property and how it can affect your life. Suppose your housing association or local authority has failed to make sure that gas and/or water leakage in your home has been resolved quickly and effectively and, in turn, caused you to suffer, our experts can help you claim for repair and compensation.
What if the Water Leak is From the Communal Area?
If the water leaks is from the communal area, your landlord is responsible for repair. If they have failed to repair it and leakage or floods come from the communal area, for example, from leaked service pipes and poor guttering system, then your landlord is responsible for fixing the damage that has been caused by the leak.
In these situations, your landlord is likely responsible for any damage to your personal belongings and any damage to you.
Water leakage from communal areas of buildings is considered to be your landlord’s control if it is the same landlord who also owns or is responsible for the communal areas. In this case, you’re not required to give notice for repairs in these areas, as it becomes the responsibility of your landlord to fix the common parts immediately.
What if the Water Leak is From a Neighbouring Property?
If you live in a flat, you may be affected by water leakage or flood from neighbouring flats. When that happens, your landlord can ask you to solve the problem with the other tenant. However, in some cases, your landlord may be responsible too. These issues are not straight forward, so you may need the help of our experts.
What Are Your Landlord's Responsibilities When There's a Flood or Leak From Another Flat?
If the neighbour’s floods their property or has a leakage that is causing damage to your home, then your landlord may be responsible for repairing it. For example, the flow of water in a nearby flat causes the roof to collapse or damage the plasterwork in your home, and then the landlord will be responsible for fixing it.
Your landlord is responsible for repairing the damage in these situations because there is a term in your tenancy contract which states that they are accountable for housing disrepair. It includes the structure of the property, repairing floors and roofs, and plaster work.
Your landlord becomes responsible for repairing the damage only when you complain to him.
Repeated Leaks From a Neighbour's Flat
If your neighbour is repeatedly having water leaks and or floods, which is damaging your home then you may be able to take action against them for their failure to act or to act properly. For example, if your neighbour causes a water leak in your home every time they have a bath or shower and they do not get it fixed.
The first course of action would be to raise it with that neighbour and see if they sort the issue. If not then you could pursue a claim against them for nuisance or negligence and ask the Court to order an injunction against them, which is essentially a Court order for them to fix the issues.
If your neighbour’s landlord is also the same landlord as yours then you should ask them to intervene. They should want the leak sorting as much as you do if they own both of the properties. The landlord could potentially evict your neighbour on the grounds of nuisance.
Can I Withhold Rent for Leak Problems?
If your rented property has water leakage problems then is not advisable to withhold rent. If you do then you will then be breaching the terms of your tenancy agreement and risk being evicted by the landlord.
It also has a negative effect on any subsequent housing disrepair claim and reduces your compensation. The reason being is that if you are awarded compensation following a successful claim then your landlord is entitled to deduct the arrears that you owe before paying you the compensation settlement.
Always remain calm and civilised when dealing with your landlord. Becoming angry and cursing your landlord will not help you get any further and will certainly not help if you later decide to make a claim. Instead, you will come across much better if you remain calm and civilised.
Are Water Leaks the Tenants' Responsibility?
Tenants are also responsible for water leaks in some cases. Whether you are tenants of social and council homes, you are responsible for preventing gas and water leakage, electrical faults, or sanitation issues. It will most likely be a term in your tenancy agreement that you should keep in good repair and maintain the property whilst living there.
Tenants should take responsibility for all property belongings; avoid damaging any of the property or appliances and furniture that you were provided with. If any damage is caused by the tenant, then the tenant will have to arrange to fix or replace it.
For example, if you damage a water pipe and it starts leaking then the landlord would not be responsible for that. However, if the leak started out of the blue through wear and tear or poor workmanship by a plumber who was instructed by the landlord, then it would be the landlord who is at faul
Are Water Leaks the Landlord’s Responsibility?
Landlords are responsible for the annual gas safety and arrangement of water leakage checks. This equipment includes cookers, boilers, fires, fixing of taps, pipework and water heaters, etc.
If no checks have been carried out in the last year, contact your landlord and ask for one to be arranged. If they refuse, you can complain to the Health and Safety Executive, who can force them to arrange it.
After the complete assessment, the engineer will give your landlord a gas safety record. If a problem arises, it is your landlord’s responsibility to fix it.
However, your landlord is responsible for repairs to make sure that you are safe and the property is adequately maintained. These repairs include;
- Ensure that the property is free from vermin infestation.
- Heating systems.
- Electrical wiring and gas pipes.
- Water installations and pipes.
- Damp and mould
- The internal and external structure of the property.
If there is any problem with leaking pipes in your property, you have to make sure that your landlord is informed as soon as possible. If they refuse to carry out repairs or have been made aware yet have not done anything about it, you can claim compensation for housing disrepair by way of the water leakage.
How Can Our Housing Disrepair Solicitors Help?
If you have water leakage issues in your property, our solicitors will help you find the best way to resolve them. You can contact our solicitors on 0161 697 5959. This is our housing disrepair claims line and you will get to speak to a specialist right away.
You will talk to one of our friendly and experienced advisers, who will happily answer all your questions. Please note that the legal advice we provide will be on a no-win no-fee basis. You can also get in touch with us via email and live chat.
Our solicitors look forward to hearing from you and helping you get the compensation you deserve.