Water damage to tenants property

[JPS25]

Brand new house just out of 6 months maintainance
Tap behind fridge starts leaking while tenants are away
Wooden furniture owned by tenants damaged by the water

Who claims on insurance/pays access ??

Tenants have put in a claim against us

Builders say it is not under waranty as plumber who replaced whole tap said it was a washer at fault so not thier problem

House is in Queensland

New at this any help will be appreciated

Thankyou

 

[Munchkin]

I would say damage to tenants property should come under their contents insurance

 

[JPS25]

Thanks

I forgot to mention the tap has never been used as the tenants moved in ohandover of house and do not have a fridgefreezer that conected to the tap. The property manager told me the plumber she called in replaced the whole tap. The builders say it is not covered under waranty as the plumber said it was the washer to blame for the leak. Strange as tap has never been used ????

 

[vaughan]

Tenants have put in a claim against us

Wear and tear?

 

[chilliblue]

You should be responsible for the damage to your own property and any damage to their own property is the tenants.

 

[mattysavager]

Unfortunate situation.

100% tenant's responsibility. Their failure to take out contents insurance does not create liability on the owner's part.

Obviously any damage to fixtures/flooring is the owner's responsibility, and the owner may wish to be generous and pay the tenant's contents insurance excess, but are not obligated in any way to do so.

We also have insurance circumstances covered in our special lease terms appendix, so the tenants should not be surprised by this news.

Matt

 

[JPS25]

Thanks Matt

Thats what we thought but our PM says they have written to her saying they are putting in a liability claim against us for the damage. I will check out the lease that they signed standard queensland tenancy one and see if there is anything in it.

Builders have said they will pick up the tab for the plumber and also fix up the damage to the silicone seals the water did.

Thanks for your help

 

[mattysavager]

I don't doubt that the PM has received a claim against you/your insurer, however a good PM will have that insurance info laid out in the lease.

If they do go so far as to take you to small claims, that signed lease will help you greatly.

If they owned the house - what the hell would they do then? Some tenants are just so helpless.

End of complaint

 

[JPS25]

Hi Matt

Just been through lease can't find anything in it

I do know they have contents insurance so maybe if we get them to claim on thier own policy and offer to pay the access for them

Not really there fault it happened so don't want them to be out of pocket I just want to make sure we do it the right way

Thanks again

 

[thatbum]

Uh I'm wondering why everyone thinks its the tenant's liability for the damage to the furniture?

It seems clearly on the "landlord" side of the responsibility ledger to me. Fortunately it does seem to be something that will fall on an insurer or builder's warranty, but as pointed out, its not the tenant's fault.

 

[westminster]

I agree with thatbum . If there is damage to your tenants items caused by the landlords structure then the landlord pays.

They are paying you to prove a structure/home which is sound and safe. If your property is unsound (doesn't matter its age or wether its under building warranty) then it's your responsibility.

 

[joeExpat]

My tenants stuff got damaged once when water leaked through the wall during a small local flood. I gave him $1000 for the damages and moving out costs.

 

[wylie]

I would have thought it is the tenant's responsibility to have insurance to cover his things from damage from "any" source.

If he lodges a claim with his insurer, they should pay out under the policy. It is then up to his insurer to make a claim on the landlord's insurer if they want to.

At least, that is how I thought it would work .

I thought that if your car is in an accident, you make a claim on your own insurance? My understanding is that your insurer will then try to get back what they can from the "at fault" vehicle's insurance (or directly from the at fault person if they don't have insurance).

Isn't this correct? Doesn't that also work with all insurance.

 

[thatbum]

If he lodges a claim with his insurer, they should pay out under the policy. It is then up to his insurer to make a claim on the landlord's insurer if they want to.

At least, that is how I thought it would work .

Well that's the same as it being the landlord's responsibility, and that's how it might work if the tenant has an insurer that covers that sort of damage. I don't know if your average contents insurer covers that sort of thing - I don't use any myself.

But if the tenant doesn't have insurance, or doesn't want to use it for whatever reason, then the landlord/landlord's insurer is probably directly liable.

My advice to the OP is to open communication with the tenants and find out exactly what happened/what they want etc. And possibly move the PM out of the way if they are not helping. Hopefully then the matter doesn't need to go to court, and/or the tenant won't otherwise be causing other problems because they are pissed off.

 

[DaveM]

I asked this same thing of my insurance broker last week in relation to damage to an occupants contents from an external source (water, fire etc).

His advice that was unless the other party (in this case the landlord) was negligent (eg knew the tap leaked but didnt fix it), then the tenant would need to claim on their own contents insurance.

 

[thatbum]

I asked this same thing of my insurance broker last week in relation to damage to an occupants contents from an external source (water, fire etc).

His advice that was unless the other party (in this case the landlord) was negligent (eg knew the tap leaked but didnt fix it), then the tenant would need to claim on their own contents insurance.

And what happens when the tenant doesn't have contents insurance...?

At the end of the day, this isn't an insurance issue, or even really much of a negligence issue. Its just the contractual obligation of the landlord to provide a working house - ie. one that doesn't damage a tenant's property. If the landlord fails in that obligation, and tenant's property is damaged as a result, then its the landlord's liability at first instance.

Insurers are just there to look after their insured if applicable, but it doesn't change who is responsible out of the landlord and tenant.

 

[wylie]

I don't agree with that. Is it also the landlords responsibility if the door is kicked down and the tenant has their things stolen? Or someone climbs in an open window and steals the car keys and the car? That is why tenants should pay insurance.

May be different if the landlord knew the tap was leaking and had not been fixed. But any tap or water pipe can burst.

 

[vaughan]

Can somebody explain how a leaking tap can damage tenant's furniture, yet there seems to be no damage to the property itself?

I mean, if there was water coming out of this tap behind the fridge then surely the kitchen cupboards and floor would also be water damaged. Where did the water go after the kitchen? Why isn't the tenant's fridge also damaged?

I dunno, not quite the full story here.

 

[Munchkin]

And what happens when the tenant doesn't have contents insurance...?

At the end of the day, this isn't an insurance issue, or even really much of a negligence issue. Its just the contractual obligation of the landlord to provide a working house - ie. one that doesn't damage a tenant's property. If the landlord fails in that obligation, and tenant's property is damaged as a result, then its the landlord's liability at first instance.

Insurers are just there to look after their insured if applicable, but it doesn't change who is responsible out of the landlord and tenant.

well if the tenant doesn't have contents insurance then they are out of pocket aren't they. its not someone else's responsibility just because they don't bother to get insurance.

Same as if you own a house and it burns down and you don't have insurance. You lose.

 

[willair]

Can somebody explain how a leaking tap can damage tenant's furniture, yet there seems to be no damage to the property itself?

I mean, if there was water coming out of this tap behind the fridge then surely the kitchen cupboards and floor would also be water damaged. Where did the water go after the kitchen? Why isn't the tenant's fridge also damaged?

I dunno, not quite the full story here.

I was thinking along those lines myself..once you get a mental picture the tap is behind the fridge and one would think the leak would go too the ground,just does not sound right..