Flooded Apartment

portach king · 09-03-2011 11:49am #1

Hi guys,

Just woke up this morning to find that the apartment watertank gave up overnight and the entire floor is flooded throughout. I had piles of books and so on on the floor, which are now essentially destroyed.
I just wondering where I stand on my rights. As far as I can tell the apartment is unlivable, and will be for the next month or more. The water has already begun soaking into and up the boxspring bed and everything I own has been heaped onto the mattress and any other counter table surfaces I can find. Needless to say, I won't be staying here tonight.
In fact I'm planning to move out immediately and stay at my brothers while I find a new place. As I said, just posting a general advise thread. I have no idea where to go from here or what I can demand from the landlord.

Paulw · 09-03-2011 12:01pm

Well, you will need to contact your insurance company, and begin the form filling, for your contents.

Other than that, have a chat with the landlord. He will need to get the furniture dried/replace (if needed), and he will need to get the tank sorted.

Baralis1 · 09-03-2011 12:16pm

Paulw wrote: »

Well, you will need to contact your insurance company, and begin the form filling, for your contents.

Other than that, have a chat with the landlord. He will need to get the furniture dried/replace (if needed), and he will need to get the tank sorted.

The landlord has more responsibilities than that. He will need to return the house to the condition in which it was before it flooded. Also, He will also have to supply accommodation for the OP until this work is done, whether it be a hotel, b and b, alternative house/apartment.
The landlord also has responsibilities towards the tenants goods which were damaged. In past cases, I've heard of compensation been given and clothes being dry cleaned for the tenant. It's not the norm for the tenant to have contents insurance, normally the landlord insures the premises.

Paulw · 09-03-2011 12:19pm

Baralis1 wrote: »

The landlord also has responsibilities towards the tenants goods which were damaged. In past cases, I've heard of compensation been given and clothes being dry cleaned for the tenant. It's not the norm for the tenant to have contents insurance, normally the landlord insures the premises.

Incorrect. The landlord cannot have insurance to cover the tenant's property. There is no insurable interest in those items. It is a requirement for the tenant to have their own contents insurance for their items.

The landlord can only insure the premises and the items he owns (fixtures and fittings, furniture, etc). Everything else is up to the tenant.

Cathmandooo · 09-03-2011 12:25pm

Baralis1 wrote: »

The landlord has more responsibilities than that. He will need to return the house to the condition in which it was before it flooded. Also, He will also have to supply accommodation for the OP until this work is done, whether it be a hotel, b and b, alternative house/apartment.
The landlord also has responsibilities towards the tenants goods which were damaged. In past cases, I've heard of compensation been given and clothes being dry cleaned for the tenant. It's not the norm for the tenant to have contents insurance, normally the landlord insures the premises.

No, it is the norm for the tenant to have contents insurance. The landlord cannot insure what he does not own.

OP that sounds awful, I'd contact Threshold for advice on the situation. I assume you have contacted your landlord?

Baralis1 · 09-03-2011 12:49pm

Cathmandooo wrote: »

No, it is the norm for the tenant to have contents insurance. The landlord cannot insure what he does not own.

OP that sounds awful, I'd contact Threshold for advice on the situation. I assume you have contacted your landlord?

Well I've been renting for over 10 years, in a number of different cities and I've worked with numerous people who also rent and I've never heard of a tenant who has their contents insured. So in my experience, it is far from the norm, in fact it is unusual.

This flooding was not caused by weather, frost etc. This was caused because of a fault in the house that the landlord is renting out, so I think the OP has case in looking for compensation for the goods that were destroyed. The OP rented in the knowledge that they wouldn't wake up some morning the find the place flooded and their goods destroyed.
Now there is no exact law covering this as far as I know.

portach king · 09-03-2011 1:01pm

Hi guys,

Thanks for all the advise so far. I haven't realised there was a service like Threshold. I'll contacting them.

I contacted the landlord immediately, and he sent a guy out with a wet-vac and tools, to try to clean up the mess but to qoute the guy here "I have no ****in' idea what goin' on, if it's getting bigger or smaller."
As far as insurance goes, I don't have any. I'm an unemployed post-grad student, so the talk of compensation is interesting.

D3PO · 09-03-2011 1:05pm

Baralis1 wrote: »

Well I've been renting for over 10 years, in a number of different cities and I've worked with numerous people who also rent and I've never heard of a tenant who has their contents insured. So in my experience, it is far from the norm, in fact it is unusual.

This flooding was not caused by weather, frost etc. This was caused because of a fault in the house that the landlord is renting out, so I think the OP has case in looking for compensation for the goods that were destroyed. The OP rented in the knowledge that they wouldn't wake up some morning the find the place flooded and their goods destroyed.
Now there is no exact law covering this as far as I know.

look your comments are wrong just accept it. Just because you had never heard of it doesnt make you right. ignorance is not an excuse.

PaulW is 110% correct you cannot have an insurable interest in somebody elses goods and cannot insure them. Every tennant should have contents insurance.

there is no case, there is no compensation for the goods due, there is no legal route. End of story.

john kinsella · 09-03-2011 1:15pm

Portach you are totally wrong here I am afraid.

It is up to the Tenant to insure their contents. All major insurers do it. Just Google it if you don’t believe us.
The OP in this situation is not entitled to anything I am afraid. How can the Landlord be made responsible for a leak? It is hardly his fault the leak happened. Unless the OP can prove that the LL has been negligent he doesn’t have a leg to stand on and will not get anything from the landlord. And the chances of proving the LL was negligent in a court is 0.
It is up to Tenants to Insure their own goods and the LL to insure the property and HIS contents items.

john kinsella · 09-03-2011 1:18pm

Also regarding alternative accomodation the LL will be paid for the rent he will lose while the OP is out of the apartment from his Insurers but he is in now way obliged to organise accomodation for the OP.

Baralis1 · 09-03-2011 1:19pm

D3PO wrote: »

look your comments are wrong just accept it. Just because you had never heard of it doesnt make you right. ignorance is not an excuse.

PaulW is 110% correct you cannot have an insurable interest in somebody elses goods and cannot insure them. Every tennant should have contents insurance.

there is no case, there is no compensation for the goods due, there is no legal route. End of story.

I have heard of it, but I have never heard of it being in normal usage among fellow renters. It's not the norm in Ireland. I expressed a personal perspective from my experience as a long term renter that from talking to other such renters over many years, I have never heard of anyone having such insurance.

Also I didn't mention anything about the landlord insuring the tenants goods but the landlord is responsible as the damage was caused to the tenants goods by a fault in his house. There is no law covering this situation and I believe there is a case. I have heard of tenants getting compensation in this kind of suitation, granted it didn't go to court but the landlord had taken legal advice beforehand.

Please read my posts before misrepresenting me.

Baralis1 · 09-03-2011 1:24pm

john kinsella wrote: »

Also regarding alternative accomodation the LL will be paid for the rent he will lose while the OP is out of the apartment from his Insurers but he is in now way obliged to organise accomodation for the OP.

So the tenant gets his home flooded, his belongings destroyed and is basically kicked out of his home immediately to find emergency accommodation with no recourse and no compensation?

john kinsella · 09-03-2011 1:36pm

Baralis1 wrote: »

So the tenant gets his home flooded, his belongings destroyed and is basically kicked out of his home immediately to find emergency accommodation with no recourse and no compensation?

Pretty much yeah. He can of course get a refund on any money he has paid for rent beyond the date of the loss but that is it.
We wont be paying rent to the current LL so he will have money for rent in a new place

portach king · 09-03-2011 1:51pm

john kinsella wrote: »

Portach you are totally wrong here I am afraid.

I don't mean to be pedantic, but i didn't come here hoping to get advise on how I can get compensated for my belongings. I understand I should have contents insurance and biting that bullet. What I did come for is advise on moving, whether I'm entitled my rent back, which it appears I am. Now to sort out where I will stay for the next few nights..

Cathmandooo · 09-03-2011 1:58pm

portach king wrote: »

I don't mean to be pedantic, but i didn't come here hoping to get advise on how I can get compensated for my belongings. I understand I should have contents insurance and biting that bullet. What I did come for is advise on moving, whether I'm entitled my rent back, which it appears I am. Now to sort out where I will stay for the next few nights..

Any chance your landlord owns a few properties and has one vacant at the moment? Talk to him anyway, he has to realise you can't live there until it has been fixed up.

john kinsella · 09-03-2011 1:59pm

You are of course entilted to your rent back that you have paid for after the leak.

I would recommend you take a note of the ESB meter asap too. If you decide to move back into the place you will get a shock when you find out how expensive dehumidifiers and blowers are to run to dry the place out. If you are moving out for good noticy ESB now with a final reading too.
You will get your deposit and rent paid back.

Cathmandooo · 09-03-2011 2:01pm

Here's a link from the Threshold website about flooding, I'm guessing it was put up due to the snow and burst pipes but I'm sure it covers general flooding too

http://www.threshold.ie/page.asp?menu=102&page=305

Repairs info on Citizen's Information linked here

Paulw · 09-03-2011 2:11pm

Baralis1 wrote: »

I have heard of it, but I have never heard of it being in normal usage among fellow renters. It's not the norm in Ireland.

Also I didn't mention anything about the landlord insuring the tenants goods but the landlord is responsible as the damage was caused to the tenants goods by a fault in his house.

While I rented, for many many years, I always had contents insurance, as did my housemates. Anyone who doesn't get their contents insured is taking a risky gamble. Contents insurance has been discussed many times here on boards.

Just because you've never had it, nor those you talk to, doesn't mean it's the norm.

You would have to prove that the landlord knew there was a fault with the tank, and that this fault caused the flooding to have any sort of case for compensation. Other than that, the landlord simply has a responsibility to return the unit to a livable state, and has no requirement towards any other accomodation nor any contents of the tenant.

I am not, nor ever have been a landlord, but was a tenant for many many years, and always made sure to have my own contents insured and also to know exactly what my rights were. Threshold will give you the same advice as most posters here - you need your own contents insurance, and the landlord does not need to compensate the OP.

ztoical · 09-03-2011 2:41pm

Baralis1 wrote: »

It's not the norm for the tenant to have contents insurance, .

Not the norm? If 14+ years renting I've never heard it not to be the norm. LL is not responsible for a tenants property and it's up to the tenant to sort insurance for their property if they wish or take the risk.

Baralis1 wrote: »

normally the landlord insures the premises.

Key word there being premises....the LL cannot insure what they do not own. The LL insurance will cover the repair to the building and the LL property [furniture etc] not the OP's belongings. As the property is no longer habitiable the lease is broken and the OP can ask for their deposit to be returned and any rent paid in advance if they wish to leave. It's up to them to speak with the LL and see how long the repairs are going to take and if they want to return to the porperty or not.

Ciara22 · 09-03-2011 7:54pm

Can I also point out that the apartment will not be deemed 'uninhabitable' by insurers if there is both an undamaged bedroom and bathroom in the property.

In this case, the landlord will not be compensated by his insurers for loss of rent or alternative accommodation and I can safely assume that if he is not compensated, then he will not pass this on to you.

Flooded Apartment

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