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20-12-2011, 18:47 #1
Tenant's rights to private water supply.
I rent a cottage that shares a water supply from a spring with four other properties. There are three landowners.
No.1 Owns Property A
No.2 Owns Properties B & C
No.3 Owns Properties D & E. Mine is Property E, my landlord living at D next door.
The spring and water tank are on No.2's land, the pipe then passing over No.1's land and serving his property before branching and serving the remaining properties.
Due to leaks in the system we have now had no regular running water since November 19th, despite a number of half arsed attempts by Landowners 1 & 2 to repair it.
My Landlord (No.3)'s response has been to clear off to their holiday villa in Spain until 1 and 2 sort it out.
I can't find anything in the tenancy agreement that specifically refers to my Landlord having an obligation to maintain the water supply. A standard shorthold tenancy and the Landlord and Tenant Act 1985 S11 refer to water fittings in the property. No particular charge is made for supply of water, it being included in the rent.
Do I have any redress in common or statute law? Any suggestions welcome. (Yes I know it might be tempting to bang heads together/ up sticks and leave/ etc etc but something more practical and legal would be helpful.
)
It's time for British Independence.
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20-12-2011, 18:50 #2Senior Member
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20-12-2011, 19:02 #3
I don't see it is a tenant's responsibility to maintain something he doesn't own. I don't mind putting a bit of time and effort in and have already done so but I'm sure it must be the responsibility of the three Land owners (Who I think should all chip in and just get it sorted professionally- trouble is they are all tight as a duck's arse - i.e watertight - which is more than the pipes are..... :/ )
It's time for British Independence.
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20-12-2011, 19:02 #4
Phone the council. I think they treat water as a public health issue so they will fix it then bill your landlord.
ArRSe is the Hotel California - You can log-out any time you like, but you can never leave!
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20-12-2011, 19:09 #5
I know for a fact if someone were to report a leak to the water board, they WILL come out to investigate, they will confirm that you have a leak on your property and that as you are wasting their precious commodity you now have 3 weeks to get it sorted, OR they will sort it out and send you the bill.
Happened to us when we moved in years ago, Id have thought water companys will have got stricter if anything. Good luck, and I dont think a tennant should pay to repair a landlords property? Indirectly via rent yes, but not in addition to rent.You have upset me, I am going to kill you.
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20-12-2011, 19:12 #6
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20-12-2011, 19:14 #7
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20-12-2011, 19:15 #8Senior Member

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From the Landlord and tenant Act 1985:
The Act states that where a short lease of less then seven years or periodic tenancy is in place then the landlord is responsible:
(a) to keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes,
(b) to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and
(c) to keep in repair and proper working order the installation in the dwelling for space heating and heating water .
(Section 11, Landlord and Tenant Act, 1985)
Landlords' and tenants' repairing obligations in Assured Shorthold TenanciesI'm Chuck Norris, and I approve these detainee handling techniques...

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20-12-2011, 19:15 #9
Just realised sorry, then you to consider sabotaging everything so nobody gets anything, then seek legal advice.
You have upset me, I am going to kill you.
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20-12-2011, 19:16 #10Senior Member

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If you were supplied by a water board then properties 1 and 2 (Assuming these both have leaks?) would be liable for all costs regardless. It is based upon the property the leak is on being liable rather than who it supplies so your landlord has no obligation in that case, you being supplied by a spring complicates matters though as I fail to see how they can charge unless it is specifically for the maintenance of a service.
If you are paying your landlord for water then between the owners there must be some form of agreement about the supply which I would imagine would make them liable as above.
If not then I would presume they have no legal obligation to maintain a service to your property.
If you're in absolute desperation, DIY capable and on good terms with No. 2 is there anyway way you can run a insulated MDPE pipe overground to yours as a temporary measure?


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