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 Deny rent because heater in bathroom is broken?
Can the tenants stop paying rent because the heater in the bathroom doesn't work?...


 Should i pay my rent up for 6 months is that a good thing to do ?
should i pay my rent up for 6 months ? people tell me no i should only pay for 3 months.. if something happens can the landlord keep the money
Additional Details
i wanted to be ahead on ...


 Can landlord prove that damage was not there when I moved in even if they don't have before pics?
My landlord is suing for damages that she claims we caused. The dishwasher leaked through the floor. It was leaking when we moved in. We only used it 4 or 5 times. There is no way we could have ...


 Should I plunk down $400,000 on a CONDO that has not been built yet ??
WOW, the CONDO market in Toronto Canada is HOT, HOT, HOT !!
I've seen over 200 people waiting in line for the lucky opportunity to be one of the few people to put down $400,000 or more on a ...


 I want a house!!! Any advice?
Me and my husband want a house so bad but we are in a finacial struggle right now and have dwindled our savings. We have a child so we are really working with one income. I only work partime. Any ...


 In your opinion, are double-wide mobile homes as good as, better than or worse than houses?
I am thinking of trying to purchase a home. I have saw some very beautiful double wide trailors. I used to hate trailors, but that's before they came out with the ones that look like real houses....


 Is it normal to pay mostly interest towards your mortgage during the first year?
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 Will you PLEDGE to buy only AMERICAN made products with your ''rebate'' check?
Since the ''rebate'' funds will be funded by loans from China it makes sense to not just give the money back to them by buying their stuff.Let's truly help our economy..BUY AM...


 Is it a good idea to buy a house during a recession?
I see houses are going down and interest rates have gone down so I was just wondering if it was a good idea to buy a home right now....


 What should a 25 year Old Single Guy worry about the most when buying his first Condo?
What am I not seeing, it seems too easy. Long explanations is ...


 What is a rent to own a house?
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 Do you think it's ok to tell your landlord the reasons why your rent is late? Even if it's a bit personal??
Now, I'm not talking about getting way TOO personal... but just a general idea of what's been going on in your life. Normally I would say this isn't a good idea. But my own rent is ...


 What do you hate from living in an apartment building?
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 If I'm the seller of a property, and the buyer puts earnest $$ down but backs out, who gets the $$.?
A potential buyer of my property put $500 earnest money down but backed out because of the home inspection. The home was listed "as-is", but on the contract, there is a right to cure. Who ...


 What would help my house sell ? Ive droped the price,Its now the lowest on the street.?
Im in Bardstown ky.
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Its a nice clean, Landscaped yard and house, I have a real Estate person, But he has only shown it 2 times, Its below its apr. What Am I doing ...


 Can my landlord keep my security deposit for damages I did not do??
Help! I am in a mess. My old landlord claims I left the apartment a mess...I live in Tennessee...I had a 350 deposit and they claim damages came to 469 dollars. I took 3 days out of my schedule to ...


 Does a real estate agent have a LARGE part to do w/ selling your home??
My hubby & I have had our home on the market for almost 6 months now. There is nothing wrong w/ the home (it is always immaculate & sparkly). Nothing is ever out of place & it is very â€...


 When you rent an apt. or house?
Is the property tax figured into the rent or do you pay it separately or not at all?...


 Can my infant daughter purchase real estate. She will be paying cash?

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">There are laws that no one is allowed to purchase real estate without any credit"

This is complete rubbish. Obviously there is not a single ...


 I have a contract ot sell my home the buyer backed out on closing day can i sue?
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Ash P
Is a landlord or tenant responsible for funding replacement of contents damaged by the ceiling collapsing?
We are in rented accommodation and our ceiling just fell down in the lounge causing damage to some of our possessions, such as our TV, PS3, rug, couch covers, throw and pillows. We have provided a list of these to our Estate Agents, along with photos of the damage. However, the landlord’s insurance won’t cover him because they say the ceiling was too old and should have been replaced.

The Estate Agent, after having assured us that the landlord would have to reimburse us for the costs of getting all our contents back to the state they were in before the accident, now says that there are no guarantees that we will get any money from the landlord for cleaning and replacing our goods. And we don’t have contents insurance ourselves.

I was wondering if anyone knew whether the landlord is legally obliged to pay us out or not?

Thanks!
Additional Details
Sorry - should have noted I am based in the UK
                     
 




Janet P
Rating
No, your "estate agent" has no clue what they are talking about.

You are covered by your renters insurance for this, the landlord has no liability for your personal possessions.


old.holly265
Rating
The legal position is relatively straight forward, despite appearances.

Section 11 of the Landlord & Tenant Act 1985 makes the landlord responsible for the fabric of your property. If he fails to carry out his duty to keep it sound (including the ceilings), then he is liable to you for any damage to your belongings. If the landlord had proper buildings insurance, they would probably have covered this for him as a liability to a third party.

But even if he is not insured, he is still liable. What you can do about it may, however, be limited. You have a right to make a claim in the County Court and will undoubtedly get a judgement against him (especially if you take the sound advice to get photos and other evidence), but that does not mean that he has any funds that you can get at.

Had you been insured, your insurers would have handled things for you, but unfortunately you are not in that position. If you were, they would have paid up and then tried to get reimbursement from your landlord for his lack of attention to the property.


Marc W
If your landlord had his accomedation insured, it will ONLY cover the building and the stuff that was declared when the insurance was taken out.

You really should have taken out home contents insurance since the landlord is not responsible for your stuff :-/


Weimaraner Mom
No he's not, he's legally obligated to repair the unit to it's original condition if not better, he is not responsible for your contents, that's what renters insurance is for. I'm sorry but you're out of luck, this is why I'm a big believer in you can never have too much insurance.


Everyday's the same again...
Rating
Your landlord should have buildings insurance and you are responsible for insuring your own belongings.

You may be able to claim if the damage was as a result of poor workmanship or neglect which you had previously told him about. But i highly doubt if he is legally responsible for your possessions. If it was as a result of a freak accident - or something that he could not have predicted - no chance I'm afraid.


DF
Generally if you don't have contents insurance your belongings aren't insured. The Landlord is only obligated to have buildings insurance.


chatsplas
This is precisely why you should always have Contents Insurance or Renters Insurance, to cover YOUR belongings. It's really quite cheap.


WelshLad
You should have taken out contents insurance.


Michelle J
No, the landlord is not liabile. That is why in your lease agreement it probably says somewhere that tennant will provide renter's insurance. The landlords insurance covers the dweling and your insurance covers the personal property. He is responsible to fix the damage to the dwelling but not your property.


jimbo
Rating
JanetP you did not read the question properly, they stated that they had no contents insurance. I regret to tell you that this is a matter for the courts. You will have to sue your landlord for the damages to your property. Make sure that you have a full photographic record of the damages to your property and the ceiling coming down. It must be factual pictures of the event. You will need to get estimates of the cost of replacing the items damaged and of the cost of cleaning up after the event. When you have all that, then tell your landlord that you are going to sue him, through his insurance company. Then go to your local small claim court and file the suit. Good luck.


p.s. I am assuming that you do not have access to the rooms above your flat that was damaged, and that you could not be held responsible for the ceiling coming down.


This is the problem, or should I say issue for the sake of you complete idiots, with giving the proper answer on this site. If the landlord just says NO, then how are these folks going to get reimbursed?. Come on you two smartasses who gave the thumbs down, answer that. The only way to get any satisfaction in a case like this, is to sue the landlord in the manner in which I have stated. He will then explore if or not his insurance covers the damage, and if not then the court is the only solution.


gafpromise
I am in the US but here are my thoughts: The landlord's insurance won't cover him. You don't have renter's insurance. You should get a written statement from his insurance company attesting that he should have replaced the ceiling, that will help your case in court. But he may not have the money to pay you and that may be what your Estate Agent meant. So you could possibly get a judgment against him but if he doesn't have the money, he doesn't have it.


estielmo
Rating
You should contact the company you have your renters insurance with. Your claim is with them.


efflandt
Rating
What country? Typically you are responsible for your own belongings and the landlord would be responsible for the structure. If someone is negligent or was aware of a problem and did not take steps to mitigate damages you may be able to sue. But if there were no signs of a potential problem before the collapse, that may be difficult to prove.


Kelly
Im not really 100% sure as legally you are responsible for your own contents, he is only required to insure the building itself. However, if he admitted even via a third party, ie the estate agency, to being liable I would feel pretty certain that that liability stands despite the insurance not covering him.

I mean, his duty to you as paying tenants is to provide you with habitable accommodation - if the ceiling collapses, thats a) not safe and b) not habitable now! It seems to me that its his problem he didnt keep the building up to scratch enough to be covered by insurance. Ergo, if the insurance would have compensated you, its now his job to do so.

If the estate agency are renegging on what they said I would take the photos and list to a solicitor pretty quickly, get some advice and then go tell the agency you have done so. Its amazing how quickly the threat of legal action can change the minds of people! ;)

Also try giving citizens advice a call, or the tenancy board. Dont know if youre in Ireland, but if you are, the PRTB (private rental tenancies board) would be the guys to speak to. But Id def. speak to a solicitor. Most places do a free initial consultation, and if you do have to go to court you can claim costs.

Best of luck - sounds like a bit of a nightmare!


Shannon L
Rating
If you don't have insurance to cover for damages, you may be out the loss. However, you may want to speak with an attorney to discuss if you have any legal actions available to receive payment if the landlord neglected to fix a roof that was in dire need. I'm not in law, but it just seems unfair if the landlord neglected fixing the facility and now refuses to pay property damages. He should have been properly insured to cover events like this.


infinite crisis 247
you can sue all that you want, but your chances of getting anything are slim. your estate agent is full of it...you have no renter's insurance, so you won't get a dime from the landlord. you see, a landlord's insurance covers the physical plant of the building. it does not cover your belongings. that, after all, is your responsibility. how would he know how much that your stuff is worth? when you moved in, did you give him an itemized iventory of the value of your TV, your PS3, your rug, etc? no! you could tell him anything! save yourself some grief and learn from this. renter's insurance is the way to go! i'd be amazed if you won in court for this.


deepinxs
Rating
yes babe they will pay you but you have to go to the citizens advice bureau or your local council they will help you as soon as possible run they fill the heat or don't pay the rent for four months that's how it works.


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