Search Q&A
Water leakage discovery in rented apartment - lawyer needed
We have recently discovered a leakage of water in our rented apartment in Brussels area that is estimated to be quite huge, in terms of money. This is a really unfortunate event, as the source of the malfunction was not in an internal wall pipe but in an external pipe of the existing heating installation.
Weirdly enough the water was coming out from the boiler and guided directly to the drain pipe escaping a failing valve that started to malfunction and deteriorate since god knows when, without evidence of damage, flood, moisture or sound.
Damage was discovered by chance, from a technician that came for the 3 year maintenance of the installation. During that same moment we have contacted the owner which called the technician at his mobile for further clarification (it is worth mentioning that they managed to communicate in broken English as one was Flemish and the other was Walloon so our chance of a proper explanation was also ruined).
We are currently in search of a lawyer to estimate our chances of limiting our financial implications. We assume that the owner's insurance will not cover the damage.
But there are no financial implications to you. You didn't cause the damage, and you rent, so it's not your property.
Before paying a lawyer you should check out whether there are any financial implications for you. You certainly don't want to pay a legal bill only to find that it has nothing to do with you.
Who pays the water bill? If you then there are some financial implications. Research into historical water usage should pinpoint how long the problem has existed. Did the previous bill payer not notice that the usage was excessive?
And what is the basis for your assumption that the owner's insurance will not cover the damage?
Am I correct in assuming that the problem is not with any central heating system but with an electric hot water boiler - your explanation is not very clear?
If it is, then it sounds as if it is the pressure-relieving valve which has started to malfunction. Whenever water in a hot water boiler is heated, it expands and consequently the pressure inside the sealed hot-water system builds up. The pressure-relieving valve senses this increase in pressure and allows just enough water to drain away to keep the pressure within acceptable limits. If this valve misfunctions it allows water to drain away continuously (a misfunction the other way would result in either a burst in the weakest point in the hot water system or a boiler explosion). This is unlikely to have resulted in flooding, which, anyway, you would surely have noticed, unless the drain away pipe itself was blocked.
Replacing this valve should be a relatively simple task although it can be rendered awkward by its location. The boiler has to be drained down and then refilled afterwards. The financial implications should be limited to the cost of replacing the valve, the loss of water and excessive use of electricity to heat the water that was draining away.
These are all costs that will normally be the responsibility of the tenant, not the landlord, and hence certainly won't be covered by the landlord's insurance. Unless there has been some actual flooding, it is most unlikely that your insurance will provide any cover either, these are just costs that fall to routine maintenance just as they would do if you owned the property.
Dear athankon,
I agree with kasseistamper and becasse.
Unfortunately it's a tenants responsibility to frequently check the meters (water, electricity, gas,...) for excessive consumption. I don't know the full background of the situation but the way you explain it, I have a feeling that a lawyer won't be able to help you.
Best check your rental contract. The following things could make a difference:
- Do you you have a contract directly with the water supplying company or do you pay a forfeit to your landlord?
- Does your contract say that you are responsible for maintenance of the heater or is the landlord?
I.m.o it would be best to try and calculate the extra consumption and if it's a lot (at least more than the franchise of the insurance), you could try and open a dossier with your insurance company (it's a long shot but worth trying)
For information: This problem occurs frequently with water decalcification machinery as well. It's best to regularly check them as well.
I hope it works out for you.
Best regards.
Before you contact any lawyer, please, please, please contact your personal insurance company, and the insurance company of the building.
Hi there! I don't have any idea about good lawyer, but you may search online. Before consulting a lawyer you may consult your insurance company in order to get the best advice on insurance for the damage or contact a good water adjuster by searching online such as http://allclaimsusa.com/services-view/water-damage-boca-raton-fl and many more who will help you and solve all your queries regarding damage.
