Deposit dispute case study - Blocked toilet, leaking sink and floor damage

What happened?

The tenant said:

• there was a problem with the pipes in the bathroom and the toilet blocked soon after they moved in
• they had only been living in the property for six weeks when the problems happened
• they tried to sort out the problem under the sink and believed they had until they realised the flooring was damp and lifting, which is when they contacted the letting agent
• the landlord is responsible for all the costs as they did manage to reduce the leak, if not stop it, and they did not cause the toilet blockage

The agent responded, saying:

• there have been no issues in the past with the toilet
• the check-in inventory shows the floor was in good condition when the tenancy started
• the contractor clearly wrote on the invoice that the toilet was blocked by baby wipes, which are not flushable, and that the extent of what was removed was unlikely to have been there for more than a month, before causing the blockage
• the contractor also commented that the leak was the result of a worn joint under the sink and faulty washer in one of the taps
• while the landlord will accept that the leak was caused by natural wear, the damage could have been avoided if the tenant had reported it earlier

What evidence was provided?

Tenancy agreement, check-in report, check-out report, plumbing contractor’s invoice and report, flooring contractor’s invoice, e-mails

What was decided and why?

1. The inventory showed no problem with the toilet, although the function of any toilet is unlikely to be recorded, and the sink and surrounding floor was all in good condition, with the floor described as ‘consistent with age’
2. The email communications about what had happened began six weeks after the tenancy started

Blocked toilet:

3. While the tenant did report the problem as soon as it arose, the contractor’s detailed report:
   1. was clear on the cause and
   2. said that it could not have been a long-term issue going back to before the tenancy started
4. The invoice, which for both issues was £253, included a standard call-out fee and broke down the work carried out. The cost to clear the blockage was £148
5. The adjudicator was satisfied that the cost was reasonable, and the tenant was found responsible for the full amount, which was awarded to the landlord

Sink leak:

6. The email exchanges clearly showed that the tenant had tried to fix the leak and that it was unsuccessful and potentially made a small problem bigger
7. The tenant only reported the damage once when the floor began to warp
8. The adjudicator found the tenant responsible for part of the costs for repairing the sink only
9. The fee for this part of the plumber’s invoice was £105 including materials and labour
10. Due to the parts that the contractor replaced being worn, which is the landlord’s responsibility, the award was a small percentage of the cost claimed (20%)

Floor damage:

11. The adjudicator was satisfied that the delay in reporting the leak to the letting agent resulted in the laminate floor warping
12. The adjudicator considered the:
    1. £370 cost being claimed by the landlord, which was the full replacement cost
    2. the condition of the floor recorded in the check-in inventory, which was consistent with age
    3. reasonable wear and tear

13. The decision was to award the landlord 60% of the full replacement cost

Key takeaway points

• Maintaining a good relationship with the tenant and encouraging them to report any problem as soon as they notice it is key, even if they want to try and sort it out themselves
• Reminding tenants not to do something that you know could be a problem or has been in the past, like dealing with toilet blockages, is worth bringing to their attention when they move in. (This would definitely apply to saniflo/macerator type toilets, for example)
• Do not leave dealing with an issue until the end of the tenancy
• Dealing with an issue as soon as you are aware of it can minimise any cost to put it right and keep a tenant on the right path and happy in the property
• Landlords can only do something about any problem once it has been brought to their attention. Any delay and some of the responsibility, and costs to put it right, may fall to the tenant