Burst pipe who's responsible - Landlord / Tenant?

shootingstar

Registered User
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If the tenant in my house decides not to put her heating on or she goes away for a few days etc (whatever the situation) and supposidly the pipes burst because they have froze, would I be responsible for the repair?

Just to clarify there is nothing in the contract relating to this?
 
Unless the lease require that the heating it on , I don't see how you can hold the tenant responsible.
 
imho yes...... unless you had advised her to leave the heating on during this cold snap.
 
IMHO, the landlord is responsible for maintaining the infrastructure of the property (tenants would likely assume that stuff like electrical wiring and pipework hidden in the walls is up to scratch). Tenants cannot insure themselves against loss or damage caused to the property by frozen or thawing pipework - this is in the landlord's property insurance.

Was there a note or an instruction / discussion outside the lease with the tenant along the lines of "if you go away for a few days ensure the heating is left on (at your own expense) in order to protect the landlord's property from poorly insulated water pipes?"
 
I have not had any conversation with them about it at all. It just got me thinking this morning when our own pipes had froze.

I accept that I would be responsible if something happens and shes at home with heating on maybe, but my Q was if she was away for few days etc or didnt have her heating on (which I know is highly unlikely) would I then be liable?

Should I have a conversation with her just in case?
 
Have almost the same problem our tenants pipes have frozen up, I have supplied them with water (bought a new bin which I put in 40 litres of clean tap water from a neighbours house) both for cleaning and 40 litres of bottled water but don't see what more is possible till things thaw out. I'm not too sure where the mains pipes are or indeed where the offending bit is and wouldn't know how to go about digging the ground up to find them.
 
What tenant in their right mind is going to leave the heating on if they go away for two weeks and then foot the bill????
 
to put her heating on or she goes away for a few days

A tenant isn’t obliged to leave any heating on - Why should they, as under current building regs, if followed, the house should be capable of taking care of itself, all pipes exposed to the elements should be adequately protected.


Does this not make sense
 
thanks for the replies...

I dont even know where the pipes are or if their correctly insulated :eek:. I've always lived on my own up until recently & never even thought about burst pipes etc.. i've been lucky to never have had to deal with a catastrophy like such.

Will make an app with her to visit the house this week to have a look (well Mr SS will have to have a look). I rarely hear from her, thank god but im half expecting a call.. dont know why... call me paranoid!
 
A tenant isn’t obliged to leave any heating on - Why should they, as under current building regs, if followed, the house should be capable of taking care of itself, all pipes exposed to the elements should be adequately protected.


Does this not make sense

Nope, it doesn't.

Buildings in use take care of themselves.
Buildings with no one in them tend to get colder.
Insulation merely slows down the rate of loss of heat.
Unless the house is built near to a passive house standard it may not generate any heat from ambient sources.
This is because overcast skies with no wind and dropping soil temperatures means there is little ambient energy around to heat the house.
Unless some backgroundheating is on constantly - for example underfloor heating - the house will get colder and colder.
Attics by definition are unheated spaces and you will find several threads here dealing with problems of condensation and tank insulation.
Even under the current regulations, the water tank relies on heat rising from below to keep it from freezing.

Re the OP it would be useful to reach an agreement re this with your tenant.
Equally I am surprised that some general term about tenants having to maintain the property in good condition doesn't cover this kind of thing.
I would expect this to apply even while she's away in a cold snap, especially where the risk of burst pipes arises.

ONQ.
 
Re the OP it would be useful to reach an agreement re this with your tenant.
Equally I am surprised that some general term about tenants having to maintain the property in good condition doesn't cover this kind of thing.
I would expect this to apply even while she's away in a cold snap, especially where the risk of burst pipes arises.

ONQ.

Im inclined to agree with this. Although if she did go away how would I even prove that.

Do I write to her maybe advising her how to protect the property in this cold snap if it is vacant for a period of time? And if she doesnt then she "may well become responsible"... (note* i said MAY WELL). Again, Im going to pop down this week to her and have a look at the piping system.

Her contract is due for renewal in Feb. Im certainly going to add a paragraph relating to same.
 
Are you running the risk of having a vacant house. Surely the onus is on you to have proper insulation.
 
....Buildings in use take care of themselves.....
Buildings with no one in them tend to get colder....Insulation merely slows down the rate of loss of heat.........Unless some backgroundheating is on constantly ..... the house will get colder and colder....Attics by definition are unheated spaces and you will find several threads here dealing with problems of condensation and tank insulation.
Even under the current regulations, the water tank relies on heat rising from below to keep it from freezing.......
All true.

....Equally I am surprised that some general term about tenants having to maintain the property in good condition doesn't cover this kind of thing.
I would expect this to apply even while she's away in a cold snap, especially where the risk of burst pipes arises.

ONQ.
Actually, there is. Or should be. The tenant has a Duty of Care to the property to treat is as if it's their own. This prevents them abdicating responsibility for issues such as this, through such actions.

A typical wording would be thus:

"
1.1. To keep the furniture and contents specified in the attached Schedule hereto (and not to allow same to be removed from the premises) and interior of the premises including the glass in the windows, all locks, sash-cords, electric, gas and other fittings and installations and all additions thereto, and all drains, sanitary fittings, appliances and pipes in good and tenantable repair order and condition (damage by fire only excepted), and to keep the Landlord effectually indemnified against all claims in respect thereof, and to pay for any damage done thereto and, normal wear and tear excepted, shall, when necessary, effect such redecoration or painting to the premises and contents so as to keep same in the condition that the premises and contents are now in.
1.5. To pay to the Landlord the sum of € xxx as security deposit for the payment of rent and compliance with the covenants and conditions herein which deposit subject to such payment and compliance shall be refunded on the expiration of the tenancy; in this regard, the Tenant specifically agrees and covenants that on the expiration of the tenancy, that all rents shall be paid up to date, and the premises and contents shall be in the same condition as they are now in (normal wear and tear excepted) – and the contents shall be in the rooms in which they are now situate – for the Landlord to immediately relet the premises again without need to carry out any additional cleaning or works or repairs therein.

The Tenant further agrees and covenants that if on the expiration of the tenancy any such cleaning or works or repairs need to be effected before the Landlord is in a position to relet the premises, then the cost of said works or cleaning or repairs, as are necessary can be deducted by the Landlord from the security deposit provided for herein, and if such deposit is not sufficient to provide for the payment of said repairs, cleaning or works, the Tenant agrees to pay the balance due to the Landlord on demand, and agrees that if not paid when demanded, these additional sums shall be recoverable by the Landlord from the Tenant as liquidated damages.

These are the terms of a 'standard' rental contract.

Im inclined to agree with this. Although if she did go away how would I even prove that.

Do I write to her maybe advising her how to protect the property in this cold snap if it is vacant for a period of time? And if she doesnt then she "may well become responsible"... (note* i said MAY WELL). Again, Im going to pop down this week to her and have a look at the piping system.

Her contract is due for renewal in Feb. Im certainly going to add a paragraph relating to same.
See above. Nothing to stop you writing a polite note to the tenant now, to keep the house heated, to prevent damage.

Are you running the risk of having a vacant house. Surely the onus is on you to have proper insulation.
There is no legal requirement to provide a particular thermal standard of accomodation. Some property to let is atrocious, some brilliant, and range for G to A on the BER scale. All are available, and all priced respectively. Neither one end of the spectrum, nor the other, are a gaurantee that you won't run into the problem the OP has mentioned....nor that you won't.

With regard to insulation, do remember it keeps heat to one side, cold to the other. If the tenant leaves the house, unheated, there's nothing to keep in, and damage of some form is inevitable. What homeowner would do that, in this weather ? I'd wager, none. And so, by dint of being a tenant, and expected to act in a responsible manner, the same standards should apply.

It is a fact, that in these harder times, that some tenants are in a financial pickle. This I do not doubt. But some are taking drastic chances e.g. not switching on heat at all. This is an unfortunate situation, but doesn't absolve them of their responsibilities.

Finally, there is always insurance. :)
 
...sorry, don't know what happened with the font sizes in my response above.........can't seem to get them the same.......??.....
 
If the tenant in my house decides not to put her heating on or she goes away for a few days etc (whatever the situation) and supposidly the pipes burst because they have froze, would I be responsible for the repair?

Just to clarify there is nothing in the contract relating to this?

I have not had any conversation with them about it at all. It just got me thinking this morning when our own pipes had froze.

I accept that I would be responsible if something happens and shes at home with heating on maybe, but my Q was if she was away for few days etc or didnt have her heating on (which I know is highly unlikely) would I then be liable?
Should I have a conversation with her just in case?

Um, so hang on. You want to hold a tenant responsible for a problem in your property, that you yourself never foresaw?

Kindly point out exactly where I clarified I wanted to hold my Tenant responsible???? I have been asking Q's in here not making statements as such...!

Are you running the risk of having a vacant house. Surely the onus is on you to have proper insulation.

Hi dewdrop, I honestly think the property is well insulated. Again, I think Im probably being too paranoid as she hasnt even contacted me at all about pipes etc. Im just worrying because our pipes froze. Mr SS cleared them within a half hour but not the point I know!

There seems to be 2 opinions to this topic, both I appreciate but am inclined to sway towards the fact that if she neglects (<-- used very lightly so dont slaughter me) the property then she should be liable.. Nothing that a conversation with her wont sort out. I've arranged to pop to her Thurs.
 
Could you please clarify,that you intend that your tenant puts the heating on in the rented property while she is away on holidays? And do you also want her to foot the bill for this? I have property rented and I think its landlords like yourself that give landlords a bad name... Its quite reasonable to ask her to put the heating on for a couple hrs a day while she is away, but that you will contribute to the heating bill for the time she is away!!Thats reasonable.. Its seems from your post you are just covering yourself from any expense. You rent property which means you have a responsibilty to the property and the tenant. If your contract is up in Feb and you ask her to foot a heating bill while she isnt there,there are hundreds more properties that she can move to and maybe you will have to foot the heating bill for the rest of the winter yourself as the place will be vacant!!!!!!!
Dont be greedy, check out the water pipes and the insulation yourself and put a rubber ball in the water tank in the attic,this keeps the water moving which in turn makes it less likely to freeze.

Thanks for reading,
Kiwi
 
...sorry, don't know what happened with the font sizes in my response above.........can't seem to get them the same.......??.....

I've had similar problems when copying and pasting.

I paste into notepad, then copy and paste here.

Unfortunately all the formatting is lost.

Click on the "advanced" tab...

FWIW

ONQ.
 
<snip>
Don't be greedy, check out the water pipes and the insulation yourself and put a rubber ball in the water tank in the attic,this keeps the water moving which in turn makes it less likely to freeze.

How does this rubber ball keep the water moving?

ONQ.
 
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