Flooding in a rental property: landlord responsibilities

 

  •  4 minutes

4 minutes

Everything you need to know to keep your tenants happy and safe when flooding occurs.

The potential impact of severe weather and flooding is devastating and in the UK it's sadly a familiar sight. It's no secret that some areas are more prone to flooding, but do you know your responsibilities as a landlord when flooding and damage to one of your properties occurs? Here's everything you need to know to keep your tenants happy and safe.

Who's responsible for repairs if a home is affected by flooding?

As a landlord you're responsible for repairs if one of your properties is affected by flooding, either from rain or an issue with a neighbouring property.

This includes:

  • fixing damage to the structure of the property
  • making sure water, gas, electricity, sanitation and heating are working

However, (depending on what is stated in your tenancy agreement), you're unlikely to be responsible if the tenant caused the flooding themselves.

Communication with tenants

Tenants need to know what to do in the event of a flood. If you live in a high-risk area, it's a good idea to chat with them and provide them with written guidelines and steps to follow in the event of emergency.

It's important that your tenants let you know as soon as possible if a property has flooded and needs repairs. You must then carry out the repairs within a reasonable period of time, agreed between you, depending on the type of work that needs to be done. Having clear methods of communication laid out at the start of the tenancy will ensure that your tenants know how to get hold of you in a timely manner in a scenario like this.

Do tenants need to move out if flooding occurs?

Tenants don't need to move out if they can get safely from room to room while repairs are being done. If tenants can't use every room while repairs are taking place, you can arrange to put a temporary rent reduction in place. As a landlord, you're legally responsible for protecting your tenants and their belongings during this time.

It's the tenant's responsibility to let you know if the home is so badly damaged by flooding, that they must move out. However, as a landlord you're not legally obliged to find alternative accommodation for your tenants

In the event of evacuation

  • always follow the advice of the emergency services
  • turn off water, gas and heating and seal the property
  • stay away from power lines or electrics

Once you and your tenants are safe you can take the following steps:

  • take photos of the damage if it is safe to do so - this will help with the insurance claim
  • contact your insurers to begin the claim process
  • get hold of a drying company to get rid of the water, then install a dehumidifier to help to dry it out
  • employ an electrician to make sure that the electrics are safe
  • disinfect the property before the tenants move back in

Covering rent cost if the tenant must move out

As a landlord it's wise to have insurance that covers the cost of temporary accommodation while repairs are made, you never know when something like this might crop up. If you don't have this, you should try to reach an agreement with your tenants about rent payment, such as suspending payments on the property they've moved out of or covering the cost of temporary accommodation.

What happens if you can't or won't help with rent costs?

If you refuse to either waive or reduce rent on the property, or to help tenants with the rent for temporary accommodation, you may have to go to court.

A court might:

  • order you to reduce the rent for the period that the tenant is unable to live in the property
  • award the tenant compensation for things like inconvenience and distress

The amount of reduction or compensation awarded by the court will depend on:

  • how bad the damage is to the property
  • how long it will take to repair
  • other unforeseen factors

Preventative steps

Now we've covered what happens if flooding and damage occurs, but what can we do to prevent it?

Check the risk of flooding

Some properties are always going to be at higher risk of flooding than others, so it's important to carry out a risk assessment. To find out whether the area of your property is high risk, you can use the free GOV.UK service. If you have identified the area as high risk, there are steps you can take to reduce the possibility of water damaging your property.

Preventative measures against flooding

There are several steps you can consider implementing to help prevent flooding and damage:

  • use permeable paving surfaces on driveways and paths
  • install water-resistant windows and doors
  • build a raised porch to keep water from entering the property
  • have waterproof doors and skirting boards and use waterproof wall sealant
  • install water resistant flooring such as stone, plastic or ceramic tiles, instead of carpets and wooden floors
  • install sealing around external doors and windows
  • install a flood alarm system

Stay on top of maintenance and repairs

As a landlord you're legally responsible for maintaining and repairing external structures, including drains and gutters. Helping water to run away from the property in the event of a flood is important, so make sure gutters are kept clear of debris to prevent blockages from forming. Check that any drains beneath the downspouts are not clogged up either, especially on paved surfaces.

You're responsible for maintaining drains within the property boundary, so it's important to book in regular drain maintenance. Flood insurance does not cover maintenance problems, damage that has occurred gradually over time or any pre-existing wear and tear, so regular maintenance is crucial.

For more information and guidance on your responsibilities as a landlord, keep up to date with our news and insights section.