Redress for Damage costs against Tenant and/or agency for failure to comply with obligations?
I have a problem at a property where the tenant has been in for some years. The property is managed by an agent who perform regular inspections.
Some time ago I was notified by the agent the tenant had complained the gutters were blocked and overflowing.
I explained to the agent that the tenancy agreement stated that the tenant was responsible for ensuring the drains and gutters were kept free of debris etc.
A month or so later I asked what was going on and nothing had changed and the agency said I should pay to get it done just to keep the peace and I said no, its in the agreement and the tenant should abide by it. The agent agreed it was in the agreement.
SOme more months elapsed and eventually the agent said the tenant had fixed the gutters with a mate across the road, however the agency made no checks. It turned out sometime later the tenant had lied and not done it.
Anyway, recently the floor collapsed inside. Everything was wet in the joists. I claimed on the insurance. The insurers rejected my claim as the cause was water ingress due to poor maintenance of the gutters and a blocked airbrick .
The blocked airbrick has never been raised on any inspection. Neither had the gutters for that matter. All these items were fine when the tenant moved in some 3 years ago.
I feel I have a claim against either the agency for failure in their duty of care to upholding my rights and enforcing the obligations of the tenant and/or against the tenant for the same or indeed against both parties.
I have had to pay to get this work done but I feel and the insurers report confirms that the cause of the problem was the water overflow and soaking the ground.
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