Seeking Help for Liability about Flooding Accident in Units

Me and my husband are renting in a unit of 3 bedroom on first floor. We are living this building for more than 2 years. This is 2 storey building with 4 unit(2 on first floor and 2 on ground floor) . I wanted to mention there is a tap just next to our toilet commode, we joint a toilet hose with that tap as our toilet and bathroom is separate.

On 30 December early morning around 5:30 am we heard knock on our main door. My husband and me opened our door and we found our downstairs tenant and plumber was there. They told us water is leaking from our water tap and downstairs unit got 2/3 inch water on their floor (our floor is carpet one and their one is timber wood). They mentioned that they tried to wake up us. But it's hard to hear any knocking sound from our bedroom. Plumber came inside and we found that toilet hose pipe got a hole and water is coming from there. Then we turn off the tap.

Plumber asked us to pay $900 as he came this early morning on emergency call (downstairs tenant call them). We just woke and someone is asking to pay $900 which we don’t have any idea. My husband asked other tenant that we should call real estate company before we pay. Also we didn’t call the plumber plus no idea what happened on their unit we can't just pay to that plumber who didn’t do anything and just charging us $900.

Then other renters and us we shared that bill for that time (for holiday Real Estate was closed till 2nd Jan). Downstairs tenants mattress and some stuff like furniture got wet they mentioned. Then within 20-30 min again we heard knock on our door and we found 2 cops are here. They told us that tenants from downstair they call cops. Cops came and check our unit he saw that our carpet floor is also got water everywhere and we were trying to clean. Then they mentioned that there will be a case for damaging property/ goods. As we don’t own this unit how come water went to downstairs we don’t have any idea. Case will go through the real estate or owner. They checked and left.

One the same day we hired a professional Britex Vacuum to suck all water from our carpet and we did good carpet cleaning too. On 2nd Jan Real Estate agent came with owner and they told us that we have to pay other half of plumber bill to renters also their timber wood floor got damaged. We need to pay excess fee of insurance money($1300) for replacing/repair that units floor. Also we have to pay whatever downstairs people are asking for their damages.

I'm seeking for suggestion, are they charging us in right way? I know it was an accident, I do understand other unit peoples hassle but we didn’t do anything intentionally. And my question is that if anything happened to our unit that should be inside.

Why there is water draining between 2 flats floor/roof?
Why we have to pay plumber cost?
Also we didn’t know that we can’t use toilet hose with tap.

Poll Options

  • 3
    I would like to delete this post.

Comments

  • +26

    Why is the cop there? This is a civil issue

    • Downstirs tenant called cops. I was shocked too. As we paid half half for that time untill real estate opens on 2nd jan. But they called cops without any reason.

      • -4

        Welcome to Australia, over here you have to spent a lot of money to enjoy better living than any other countries. Nothin's free bruv.

    • +9

      Why is the cop there?

      The tenants downstairs probably wanted a event report and number to give to their insurer or solicitor.

      • -1

        This buildings insurance covers by insurance company choosen by owner. Tenants dont have any connection with insurer or solicitor. Owner didnt call the cop. Tenants did.

        • +4

          This buildings insurance covers by insurance company choosen by owner. Tenants dont have any connection with insurer

          This doesn't stop the tenants downstairs from having their own insurance.

          solicitor

          Solicitors comes in handy when the other party denies liability.

          Owner didnt call the cop. Tenants did.

          That what we wrote. The tenants downstairs contacted the police.

      • Ah I see.

        http://www.police.vic.gov.au/content.asp?Document_ID=684

        46.90 per report. Something new I learnt. Thanks

        • +1

          Not applicable unless the damage or loss of property relates to a crime. Police would have no involvement in the OP's circumstances and OP likely misunderstood what they were saying.

        • @Sneeze:

          Hmm initially I thought of that, but

          Any person who suffers property damage or property loss may apply for a copy of a report detailing the damage or loss, or may authorise a person to represent them and apply on their behalf.

          It doesn't specifically say it has to be a crime. And the fact that you have to pay on top…

          It'd be different if a crime has occurred and the police comes, I think that's 'free'

        • @mbck:
          Not sure if this exists in NSW, but it is actually a good service to get a 'witness' to what has happened if there is not a crime.
          I can imagine many disputes would be more routinely dealt with if you had a cop swearing they saw X rather than arguments about what actually happened.

        • @mskeggs:
          Agree, it'll be less of a he says she says it says routine

        • +1

          @mbck:

          The page is poorly worded, it does specificaly have to be a crime. It only applies to insurance claims stemming from a crime such as a theft or wilful/criminal damage. Police provide a copy to insurers as proof that it has been reported for investigation by police.

  • +20

    "I wanted to mention there is a tap just next to our toilet commode, we joint a toilet hose with that tap as our toilet and bathroom is separate"

    I literally do not understand what you mean. You may be in some trouble if you did something strange with the plumbing…

    • I m not sure using toilet hose is legal or not? Because real estate agent told us we should not use toilet hose. We didnt do anything with plumbing. Just used a hose connector with the tap.

      • +7

        It's still not clear what you have done.

        I'm guessing that you have used a double adapter type of connection to hook up a bum gun to the water outlet for the toilet.

        You say that the toilet is separate to the bathroom, so it seems that there is no floor drainage in that room & the bum gun hose has sprung a leak. Water has then worked it's way out & onto your carpet in the hallway or lounge room and then found it's way downstairs.

        Please clarify if this is what happened?

        • -1

          We used hose connector which u will see people use for garden hose to connect with tap head. There is a drainage on the toilet floor but it small one. Thats why water spread everywhere. I never knew that if our floor get flooded downstair tenant will face dripping water issue from their rooftop. Only thing we did wrong keeping that tap open in low flow.

      • +14

        So you left the (near toilet) tap open 24/7 and the only thing that stopped water running out is the bum gun securely closing the other end of the hose. You had a tap running at all times and that's what caused the disaster?

        • Yes we kept that tap open in low flow. And somehow hose pipe got a hole and water came out. It happened night time thats why we didnt notice. Another thing i was wondering if a drop a bucket of water on the floor that meabs again water will go to downstairs unit? Isnt it building issue?

          • @Arpita: Yes if you constantly spill water on your floor it will leak through to the floor below. It is not a building issue, it is your issue. Don't constantly spill water in places where there is no drainage

        • +7

          @Arpita:

          If you dropped a bucket of water in the lounge room or hallway, you wouldn't just walk away and leave it would you?
          Time is the issue here. The longer you leave it, the worse it gets.

          Isnt it building issue?

          As far as I know there is no building code that requires lounge rooms or hallways to be waterproof.
          If there was they would have waterproof membranes.

          • @WatchNerd: Even if the floor was waterproof, the water still has to go somewhere. So it would either flood the OPs own house, or flow out the wall and damage that instead. But yes I agree with you, I'm pretty sure that interior ceilings are not supposed to be waterproof, you are supposed to not drop huge amounts of water on the floor.

        • +1

          @WatchNerd: thanks for ur reply. I hv got ur point.

        • +4

          @Arpita: Consult a lawyer, tell the real estate agent etc that you will pay anything after doing that. Only a lawyer will be able to help you, not Ozbargain. Time is essential, do it as fast as you can. You can take photos and show them to help explain your point. Most offer a free consultation.

        • +3

          @WatchNerd:

          there is no building code that requires lounge rooms or hallways to be waterproof.
          If there was they would have waterproof membranes.

          My bedroom has a waterproof membrane.

        • @RandomDeviation:
          Contact your states tenants union, they'll let you know

        • +1

          @dinna89:

          Contact your states tenants union

          It's gone to the cops, I'd be seeing the CFMEU.

        • +10

          @Scab:

          You cAnt be wetting your bed that much?

        • +4

          @Scab: Nurse told you all the cells have waterproof membranes on your Wing.

        • @Scab:
          You should go to toilet before going to bed.

      • +11

        The bathroom is not designed to have that much water. The reason for the "flood" was your mistake. You need to do the right thing and pay up. You are lucky you only have to pay excess. Unless you have your own insurance you would probably have to pay $1000's to cover the cost.

  • -4

    If you posted a bargain here, what do you suppose it would be?

    • +1

      This is a forum, it does not have to relate to bargains.

      • +7

        Cheap mattress and "water aged" floating timber floor boards would appear to be the bargain if that's what you're looking for, except it's the downstairs neighbor you want to chat to about that one.

        Limited quantity though- doesn't constitute a deal worth posting IMO.

    • +14

      If you posted a bargain here, what do you suppose it would be?

      "Bum Gun for sale - slightly used with a small hole in the pipe"

      • What flavour is it?

        • +4

          All natural flavors only!

        • +1

          @bobbified: Delicious.

      • "Bum Gun for sale - slightly used with a small hole

        Is it an X-rated adult toy?

  • +21

    If your actions caused the damage, then of course you should pay for all repairs. Who else should pay?

    Why their is water draining between 2 flats floor/roof?

    Gravity.

    Hopefully you have renters insurance that includes accident damage?

    • Owner told us they habe insurance but we have to pay premium money which is 1300$

      • +1

        Do you literally mean premium and not excess?

        • +16

          Extremely lucky the owner is being so reasonable, if OP added an item to the plumbing that failed and caused the damage.

        • +4

          I mean to say excess charge i made writingmistake

        • @Arpita: As I suspected. Was it actually leaking at that tap or hose, or did the leak occur en route to them?

        • @PJC: tap was open in low flow. And there was a whole on hose. Water came from that hose pipe.

        • -1

          @Arpita:

          tap was open in low flow

          Such a waste of water! Obviously you don't pay the water bill

        • +4

          @pacsman:

          If I'm not mistaken, having it on low-flow at the tap doesn't mean that the water is flowing out continuously. The nozzle at the end of the bum gun would restrict the flow of water.

          OP says there was a hole in the hose between the tap and the nozzle and that's where the water had leaked.

        • @bobbified: This is the point of conjecture. Did the hose between the tap and the nozzle fail due to manufacture or age ? Tenant has been there over 2 years, so at the most the hose is only 2 years old with no UV degradation. I would expect a hose to last longer than 2 years even with thrice daily or more use.

          My conclusion is Act of God. There is no blame.

          Pacman - you're completely off point.

        • +3

          @mskeggs: Owner probably doesn't have the full story, maybe made worse by real estate bungling of the various issues and impacts. Then after 6 months the unit structure remains damp as the existing leak got into places that take months to dry. Mould and plaster damage continues, OP long gone leaving problem for others: Unlikely, but it is not impossible that a strata nightmare ensues with adjoining walls, floors, nearby plumbing, electrics and coverings getting added to the actual costs.

          If I had a tenant do this, I'd consider charging them for illegally(?) modifying the property. I'd not waste any time either, PIs to catch them evacuating and track them to the next place. When they fail to pay the damages; it'd be straight to Court with the tenants below called as witnesses- along with plenty of evidence.

          It doesn't matter where you live on this planet, if there is high water pressure it needs to be appropriately contained by capable fittings, not garden hoses and the like. Washing machines and dishwashers are bad enough without home plumbing hacks.

          Reading the OPs' post was so miserably tedious. Each shred of information was obfuscated as much as possible, just enough given to illicit advice and tips from OzB on how to make it someone else's problem.

          Hence so many questions clarifying what was done and what happened.

          Why help anyone like this? (Yes, even a fellow OzBargainer!) who is so deliberately looking to avoid having taking care of their own actions, and instead load up the landlords and poor neighbours below? Are they not suffering enough already, their costs and troubles stacking up daily when it should be fully covered personally by the person responsible for the dumb hose pipe, period.

          I only hope the landlord or the poor tenants below see this thread, and figure out what the OP is up to in time before they scarper.

        • @zerovelocity: charging them for illegally(?) modifying the property

          Let me know how you go with that…. Perhaps we can get Cops can do an police sting on houses that are illegally modified.

        • -1

          @luciferaust: Indeed.

          I was thinking wilful damage, neglect… you name it. If all that fails with the old bill, send them a paper bill and charge them the old way!

        • @zerovelocity: wilful damage - please explain to me how fitting a hose meets any kind of definition of wilful damage? Because under your definition fitting any type of hose (such as to a washing machine or dishwasher) is wilful damage.

          There is no such thing as the crime of "neglect" when it comes to property damage.

          Thanks for the downvote…

          I am sure the police will thrilled when you come to them with your extensive legal knowledge - Go keyboard warrior, go!
          ugh

        • @luciferaust: What downvote? I didn't downvote you.

          Try reading more than one context, perhaps you are in a binary format?

          Fitting is not the problem, it is removing good plumbing and fitting poor plumbing that is bound to fail which can constitute wilful damage (no need to rush to torts to find precedents there), though I was being tongue-in cheek about the whole charging thing. But, u sailed past all that in your rage over some downvote I didn't do (at least, not knowingly anyway)

          But thank you, and here, take an upvote for your concern. :-) feel better time!

      • +10

        The 'premium' is the yearly bill. The 'excess' is the charge when a claim is made.
        I assume the owner means excess. Ask for a copy of the paperwork to ensure it is accurate, and thank them for their help and pay it.

        • +1

          I thought the way it worked was that the insurance company took an excess from the claimant, and then they chased the person responsible (in this case the OP) for the damages. If that's the case the OP may be paying for the insurance company to come after them. That's the only reason I can think of for not paying the excess.

        • @Jackson:lol insurenception there.

  • +4

    You caused the issue so you pay for it. Only toilets and bathrooms have a waterproof membrane applied, judging by how you said the carpet was wet in another room that's where the water leaked downstairs from.

  • +1

    Sorry to hear about this. I don't have a solution to it but I am surprised with the quality of the material used in the flooring/building. I understand that water was leaking but it should have not seeped through the floor and reach downstairs. Water proofing issue probably (not sure though). I would try and speak with plumber / expert for a root cause of water seepage as it could happen again in future.

    • +2

      Cops came and check our unit he saw that our carpet floor is also got water everywhere and we were trying to clean.
      As we don’t own this unit how come water went to downstairs we don’t have any idea.

      There is no waterproofing membrane in hallways or lounge rooms.
      Water has leaked out of the toilet room and wet the carpet, then found it's way downstairs, as it does.

      • I understand but I still believe it should have not seeped through concrete/tiles/whatever. Im not sure if there is drainage in the toilet, if it was, it failed as well. :/. Not in a good state to be.

    • I was wondering if water flodded in my unit it only should affect my unit not downstairs. It could happen again thats why i m worried.

      • +6

        If it happened through no fault of yours then the LL or Strata would cover it with their insurance. Say, a burst pipe in the walls.

        However, if you attach a bum gun to the outlet tap off the toilet and left it on… Well… That's your fault - irrespective of waterproofing or lack thereof.

        • It's a tap not unlike a tap for a washing machine, dishwasher or ice-making fridge that are usually in an always open state. If the hoses of one of those appliances fails causing a flood then the insurance situation should be similar in theory, not sure if that pans out to reality though.

        • @Gravy: I don't leave my washing machine tap constantly open. I turn it on before each use and off after. Admittedly, a pain.. But… you never know.

        • @Xiongmao: I'll generally turn off my washer taps and sometimes my dishwasher taps if I am going away for a few days, but doing it every use can be a pain (especially dishwasher or fridge taps), but then probably better than a flood. Our neighbour recently had major flooding after a dishwasher house blew out. I suspect that many insurances would cover this sort of flooding due to appliance taps being left on, but not sure.

      • -1

        Next time refuse entry to your property, it's your right. Then detach bumgun and make toilet leak. Bill dodging!

  • -4

    Wait….why does the OP have to pay?

    They are renters.

    Me and my husband are renting in a unit of 3 bedroom on first floor

    • +27

      It appears they added a bidet attachment to the toilet plumbing, and that failed, causing the flood.
      Difficult to be certain as I assume the OP is not a native English speaker.

      • +12

        They should have turned off that tap after each usage.

        • Do you turn your washing machine/fridge/dishwasher hoses off at the tap after each use?

        • @Gravy: Yes for washing machine. We don't use a dishwasher.

        • @PJC: No one does that, and the courts assume you don't turn it off (because that is the common practice - how are you going to prove otherwise?).

      • +4

        Sorry i m not a native speaker. I tried to explain everything what happened.

        • +32

          No worries, your English is much better than I can speak any other languages!

        • real estate agent is trying to get you to pay for everything. get a lawyer or negotiator and don't pay anymore money. find a new place to live.

  • +3

    If the situation was reversed would you want to pay to have your apartment restored to it's original condition or the people that caused the damage?

    I think at the moment you may be getting off very lightly. If the downstairs have home/contents insurance I suspect their insurer would help them and bill you - which would potentially be a lot more than currently.

    • -3

      I understand ur point. Their flooring mattress and cloths got wet. And they had to clean all water. I know they gone through hard time for this accident but we wanted to help him and we offered if they need any help to move their goods.

      • +16

        My mattress cost $2500 - I'd want it replaced not help moving it.

        • +6

          Don't you like having a Waterbed? lol

        • +1

          @holdenmg: Not a bad option in summers ;)

        • +20

          @ariyan82: You're right, I am being unreasonable wanting to sleep on a mattress whereby I know it hasn't been soiled by potentially unclean water.

        • @ariyan82: water on latex mattress: goodbye mattress

        • @ariyan82: what a ridiculous comment. Reminds me of the Simpson's episode with the roast pig. It's just a little wet but it's still good!

        • @Piranha2004: im sorry but that is my opinion. I belive in trying to ease the situation rather adding to it. Steam/shampoo clean will definitely clean the mattress. If not then a replacement is fine.

  • +11
  • If you have the ability to join and find this website, which is primarily to share bargains, you have the ability to find and access proper assistance for your troubles e.g tenancy organisation or seek legal advice. If you wish to seek expert advice for a possibly complex problem, this is what a sensible person in your situation would do and this should be your first step if you are unsure of your responsibilities and liabilities. If finances are a problem for you, luckily there are many such services that are either low cost or free.

    • Do you think before i pay i should call fair trade and discuss with them about everything we have to pay they r charging us in right way or not? Or if u can suggest any organisation with whom we can discuss. Thank you.

      • +9

        I think you need to seek some sort of proper advice about the situation otherwise you may be facing a bill of thousands of dollars with no way of knowing if you are actually liable for this or if you can negotiate or challenge it. Obviously landlord, insurance companies etc. will try and get the most money out of you as possible and to do this they may threaten and bully you, hoping you will just pay it. Not sure what state you are in but Victoria has this for example https://www.tuv.org.au/ They could hopefully at least point you in the direction. Good luck and apologies if previous post came across as being harsh.

        • +2

          I wish everyone was as honest and responsible as you! In the last 20 years me and my wife have been the victim of a few car accidents where the other party was clearly at fault, but the other party has denied everything / refused to pay / refused to put a claim into their insurance company / left the country! If faced with this bathroom situation these kinds of people would pack up their gear and move out leaving the bond behind. If threatened with legal action they would refuse to turn up to mediation, refuse to pay damages ordered by the court, or leave the country. </rant>

        • +1

          @young_dazza:

          If OP leave unit and left bond, may be the landlord will post on this forum.

      • don't pay anything till a court orders it.

  • -3

    What was the purpose of connecting the hose to the tap next to the Toilet? Is that how you were supplying water to the toilet or am I missing something?

    If the toilet didn't work and you had to connect the hose as a workaround, you might be able to argue your point, but apart from that it sounds as though you may be liable for any and all damages.

    • +8

      Probably best to read the previous comments before commenting.

        • +5

          You're a gronk! haha!

        • @bobbified:

          I think it's a rather appropriate handle :D

    • +3

      It's a thing in some asian countries, allows you to wash your rear without using paper. Muslims tend to wash with bucket and water or hose, common in Malaysia for example.

      • +2

        Cheers mate, I did see someone ask if it was a bidet but must've missed the confirmation…

  • +2

    If the hose wasnt there,you can argue its a landlord issue as there is wear and tear resulting in the holr.

    But as op has added the hose…

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