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Replacing items damaged by s11 event

gcrow
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Macmillan/Welfare benefits advisor - Alnwick CAB, Northumberland

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Total Posts: 25

Joined: 24 November 2011

I can find reference to a tenant seeking damages for anything damaged whilst a s11 repair is being carried out but I am struggling to find anything helpful for seeking damages for loss as a direct result of the s11 repair issue.
In this case, flooring was ruined by waste water from a split bath waste pipe.  Landlord saying not liable as not negligent, they could not foresee that the pipe would split.  Could an argument of not having a schedule of inspecting such pipework show negligence?

Elliot Kent
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Shelter

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Joined: 14 July 2014

Sorry, I think you are asking whether someone in this position may have a viable claim under s.11 Landlord and Tenant Act on the basis that the landlord ought to have known that there was a risk of this occurring and acted proactively to prevent it happening?

The answer to that question is probably no, because there is nothing in your post suggesting that the landlord was actually on notice of the problem which is a requirement for liability.

There may be liability under the Defective Premises Act if it can be established that the landlord ought to have known about the problem and a duty of care can therefore be imposed without actual knowledge. It would need to be established that the landlord ought to have known about the problem and acted on it, which may be the difficulty.