Tenants rights around water damage

Whether it’s a leak, a burst pipe, or something more significant, such as a flood, water damage in rental properties can be a stressful experience for both tenants and landlords. Understanding tenants’ rights regarding water damage is crucial, enabling landlords to resolve issues promptly.

This guide will explore tenants’ rights regarding water damage, landlords’ responsibilities, and discuss potential compensation when dealing with landlord negligence related to water damage. If tenants understand the process, they should be better protected. Landlords also need to understand the process to have better, stronger financial security in the event of water damage.

Tenants’ responsibilities for water damage

Firstly, tenants should inform the landlord about the water damage. The landlord should carry out property inspections throughout the tenancy, but should not visit every week to constantly assess the situation. Water damage is likely to occur quite suddenly, especially if it is due to a flood or a burst water pipe.

Informing the landlord allows them to carry out their responsibilities as quickly as possible, and it’s usually a tenant requirement as outlined in the tenancy agreement.

Key tenant rights for water damage

In the UK, tenant rights after water damage are protected under key legislation, including the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.

Landlords must ensure their rental properties are fit for human habitation. This includes maintaining the property’s structure, exterior, and key utilities, such as water and electricity.

As part of the tenant rights for water damage, repairs need to be completed within a reasonable timeframe. Landlords are responsible for fixing structural issues and maintaining essential systems, such as plumbing, that can lead to water damage.

If water damage by landlord negligence makes the property uninhabitable, tenants may be entitled to compensation, such as rent reductions or temporary accommodation costs.

What are landlords responsible for fixing after water damage? 

Landlords are responsible for repairing water damage to the structure of the property. This includes the walls, ceilings, and the roof. Sometimes, flood damage can ruin furniture items such as sofas and rugs. Landlords are responsible for replacing these items if they advertised the property as furnished and installed those items themselves.

How quickly should water damage repairs be carried out? 

Tenants’ rights regarding water damage require landlords to keep their property fit for human habitation, so they should repair the problem within a “reasonable” timeframe.

A “reasonable” time frame can be ambiguous, but it’s best practice to sort the repair out as soon as possible. If the repair is an emergency, for example, water has seeped into the electrical system, it should be completed as soon as possible.

Tenants’ rights after water damage: Compensation?

If water damage makes the property uninhabitable or causes significant disruption, tenants may be entitled to compensation provided the water damage is from the landlord’s negligence. This is why it is extremely important to fulfil your responsibilities as a landlord. Compensation may cover: 

• Alternative Accommodation: If the property is inhabitable, landlords may need to provide or fund temporary housing until repairs are completed.
• Rent Reductions: If parts of the property are unusable, tenants may negotiate a partial rent reduction.

To claim compensation, tenants will need to record evidence of the water damage. This includes taking photos and videos of the damage. Keep any invoices or receipts relating to fixing the damage. The landlord should do the same to build up their own evidence.

If there is water damage without landlord negligence, the tenant may not have a right to compensation. However, depending on the situation, the landlord may be open to making a gesture of goodwill in some way. This could boost the relationship between the landlord and the tenant. 

Protect your rental property from water damage with landlord insurance

A leak, burst pipe or flood that causes water damage can be a nightmare situation for a landlord. It can damage your property and create an expensive problem to fix. To give yourself peace of mind, be prepared by securing landlord insurance and landlord contents insurance.

We have the expertise to find the best landlord insurance deals that are suitable for your needs as a landlord. Contact us today at 01788 818 670 for a quote, and don’t forget to visit our resource centre for more information on how to be a successful landlord.