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[NicoleC]

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[Loz]

As a tenant, you should usually have contents insurance, but tenants are not responsible for buildings, which a broken pipe or a third party damage would be.

There would be three possibilities here:

1) The landlord considers you responsible. i.e. an act by you, your family or a guest flooded the room. You could be responsible for repairs in this case, but since it is a bedroom, I doubt they can claim that. Unless they think the kids had the biggest water fight ever.

2) The landlord considers upstairs responsible. He/she should be claiming against upstairs insurance or, if they don;t have any, upstairs. The LL's insurance company should deal with the legal side of this.

3) The landlord thinks it is a broken pipe. It is then either the LL's responsibility or, since you are in a flat, it could be the freehold owner (and their buildings insurance) that should be responsible.

In addition, for 2 and 3 you can claim from the responsible party any damage to your property.

More info here: https://www.gov.uk/private-renting/repairs

[Loz]

Here's another link to the steps you should take. Make sure you record everything in writing and photographs plus keep copies of all correspondence so you have evidence should the LL try to blame you.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/reporting_repairs_to_a_landlord

[jacks09]

Hi Nicole C. Whilst living in a flat years ago i came home to water rushing through the bathroom ceiling, it was a faulty pipe in our upstairs neighbours place. Definitely their responsibility and they duely sorted.

Things like this really get my goat, and I have had some success with letter writing and following things through before. I've also got access to some lawyers at work who have helped me in the past. more than happy to help if you need it,

[NicoleC]

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[jacks09]

Why?? Surely that cannot be your fault?

[Loz]

I'd suggest you contact CAB or similar. As it stands, the LL can withhold your deposit at the very least.

Try this list... http://www.landlordlawblog.co.uk/2014/08/06/if-you-want-free-tenant-legal-advice-here-are-15-places-you-can-get-help/

[Saffron]

NicoleC Wrote:

-------------------------------------------------------

> It's hard for me to say, but in the end we were

> the responsible one for the damage. :(

>

> We are now trying to find another house to move

> in.

Have the details of the story changed? Something you did in your flat caused your neighbour's flat to flood your ceiling? Sorry, genuinely confused.

Hope you're ok. xx

[Rosetta]

Agree with Loz.

[NicoleC]

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[NicoleC]

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[NicoleC]

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[Loz]

Nicole,

You really need to seek advice on this. From what you have said, not only should it not be deemed you fault (and that may have more financial repercussions for you, as the LL could try and make you pay for all the damage), but you should be able to claim for damage to your personal belongings loss against whoever's fault it was.

Really - talk to CAB or Shelter or some other organisation that can help you.

[Saffron]

NicoleC Wrote:

-------------------------------------------------------

> I have given notice to the landlord. I will be

> moving house! By the 5th of September I will be

> moved into a new home. I am in the process of

> moving. Any tips most welcome.

>

> How about the deposit? How do I ask for it? When

> am I supposed to have it back? Before or after the

> move?

>

> Regards,

> Nicole

By law your deposit must be held with the Deposit Protection Scheme, and you must have received the DPS registration number when you signed the lease. Your landlord could be in real legal trouble otherwise, and possibly liable for refunding some of your rent.

If you have the DPS number, then you and the agent must agree what amount is kept/ returned, and this could be complex if you're withholding rent due to the unrepaired damage for which you're not responsible (which is within your rights if the damage has made the room uninhabitable).

You absolutely have to take some legal advice on this from CAB, Shelter, or similar. You should be able to get basic advice from many such organisations for free (or low cost). You don't need a fancy lawyer. You just need to understand your rights and hold your ground.

Very best of luck. Glad to hear you've found a new place. xx

[Otta]

When we last moved out of a rented place a coule of years back the landlords tried keeping most of our deposit. It was clear they hadn't put it in a DPS, so we just played it very polite and responded to every message with something like

"Okay, please provide us with the DPS details and we can agree how much of the deposit is returned via the scheme".

When they realized that we wouldn't stray from that line, they suddenly decided to give us the whole deposit back because they knew we'd slaughter them if we challenged them and they hadn't put it in a DPS.

[Saffron]

Brilliant strategy!

[audreywright]

After you move out, you need to send an email to the landlord, formally asking them to return your deposit. The landlord can then open a discussion about potential deductions. If you both agree on the amount, you can let your landlord notify the deposit protection scheme.

If you can't agree on the amount, you will have the contact details for the scheme in your prescribed information, that the landlord served as part of the deposit protection.

You can raise a dispute with them and follow up on the procedures they describe. If you know that your deposit is not properly protected, you already know what you need to do.

Here is more information if you need it - http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

[NicoleC]

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[NicoleC]

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[Loz]

Nicole. Please, please seek legal advice, preferably from CAB or Shelter. If everything you say is true then you are being ripped off and you need help.

[Robert Poste's Child]

Please do take Loz's advice, especially now you're staying - otherwise it could happen again and both your landlord and your upstairs neighbour need to know they can't victimise you.

[Otta]

Yep, thirded. Don't allow them to walk over you like this.

[NicoleC]

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