Who is responsible for damage from a burst pipe when a tenant leaves the property unattended?

As we settle into the new year, some landlords might find themselves dealing with a tricky situation; tenants returning to a property left unattended over the December break, only to find a burst pipe has caused damage to their belongings and the property itself. It’s a tricky situation and raises an important question: who is responsible for fixing the damage—the tenant or the landlord? Drawing on years of experience handling similar disputes, the Tenancy Deposit Scheme offers advice to help you navigate these murky waters.  

A burst pipe can occur for several reasons, with freezing temperatures during the colder months being one of the most common culprits. When water freezes, it expands, increasing pressure within the pipes and causing them to crack or burst. Poorly maintained plumbing, such as aging or damaged pipes, can also be a contributing factor. The risk is significantly higher when a property is left unoccupied for an extended period, as minor leaks or pressure build-ups can go unnoticed and escalate into more serious problems. The resulting damage can be extensive, not only soaking and potentially ruining a tenant’s personal belongings but also impacting the property itself — damaging carpets, flooring, walls, and even structural elements. 

1. Who is liable for the damage to the tenant's belongings? 

2. Who is responsible for repairing the damage to the property itself? 

The answer lies in understanding the tenancy agreement, the tenant’s obligations, and the landlord’s duties. 

To determine liability, you must first examine the available evidence. This typically includes: 

Tenancy agreement: Look for clauses related to tenant responsibilities, particularly regarding maintenance and reporting issues. Most agreements require tenants to take reasonable precautions to prevent property damage, and some tenancy agreements will even state a minimum temperature requirement to avoid situations such as this. 

Inventory Check-In reports: A detailed inventory at the start of the tenancy is crucial. This report can confirm the condition of carpets, flooring, and other fixtures when the tenancy began. 

Maintenance Records: One of the key factors in determining responsibility is whether the burst pipe was linked to a pre-existing issue, such as faulty or aging plumbing. Landlords are typically required to ensure the property is in good repair and that plumbing systems are functional and safe. If the issue could have been identified and addressed during routine inspections or scheduled maintenance—such as repairing a known leak or replacing corroded pipes, the responsibility may fall on the landlord. Failing to uphold these maintenance obligations could leave the landlord liable for the resulting damage, as it forms part of their duty to provide a habitable property. Conversely, if maintenance records show no prior issues and the pipes were in sound condition, responsibility may shift to the tenant if negligence or improper care contributed to the problem. 

Communication Logs: Reviewing correspondence between the landlord and tenant can provide valuable insights into where responsibility lies. If the tenant reported plumbing issues, such as leaks or low water pressure, and these concerns were not addressed, the landlord may bear responsibility for the resulting damage. Similarly, landlords often advise tenants to take certain precautions during colder months, such as leaving the heating on at a low setting or draining water systems when the property is left unoccupied. If such advice was provided and documented, yet the tenant failed to follow it, they may be held accountable.  

If no prior warnings were given or communication was unclear, the landlord might find it harder to argue that the tenant should have known how to protect the property. Clear, documented communication helps establish whether both parties fulfilled their responsibilities under the tenancy agreement. 

Responsibility depends on the specific circumstances: 

1. Damage to tenant’s belongings 

Generally, tenants are responsible for insuring their personal belongings. If the tenant failed to take precautions, such as leaving the heating on during a cold spell then they may need to bear the cost of replacing their items. Encourage tenants at the beginning of the tenancy to have contents insurance helps to mitigate such risks.  

2. Damage to carpets and flooring  

If the burst pipe was caused by tenant negligence (e.g. failing to maintain reasonable heating), you may be able to deduct the cost of repairs from their deposit. However, this must be balanced against fair wear and tear guidelines and supported by evidence from the inventory. If the burst pipe occurred due to a pre-existing issue or lack of maintenance, the landlord may need to cover the cost of repairs. 

In either case, disputes can be resolved through alternative dispute resolution (ADR) services, such as those provided by TDS, to ensure a fair outcome.

To prevent similar situations and minimise disputes, the Tenancy Deposit Scheme recommends to: 

1. Provide clear guidance  

Include advice in the tenancy agreement about precautions tenants should take during extended absences, such as maintaining a minimum temperature or shutting off the water supply. 

2. Conduct regular property inspections   

Regular maintenance checks can identify vulnerabilities, such as aging pipes, before they escalate. 

3. Ensure proper documentation 

 Detailed inventory reports at the start and end of the tenancy are essential for resolving disputes about the condition of the property. Our inventory guide is free to download here. 

4. Encourage tenant communication 

 Encourage an open line of communication with tenants to report maintenance issues promptly, reducing the risk of damage.  

5. Advise on insurance 

At the beginning of tenancy, recommend that tenants obtain contents insurance to cover personal belongings and lessen financial losses should an event like this happen. 

While burst pipes and resulting damage can be a contentious issue, clear agreements, proper maintenance, and thorough documentation can go a long way in preventing disputes. If you find yourself in this situation, taking a fair, evidence-based approach ensures the best outcome for both parties. 

For further guidance on managing tenancy disputes, protecting deposits, and ensuring compliance, join the Tenancy Deposit Scheme today! 

Visit our TDS Help Centre to find more guides, tools and templates, all designed to make the life of a landlord easier.   

Some of our resources are only available to landlords who use the free deposit protection scheme at TDS Custodial or the insured scheme at TDS Insured. You can access all templates, tools and the full tenancy deposit management dashboard by joining the Tenancy Deposit Scheme.