Market traders angry as council refuses to cover cost of flooding caused by burst pipe
STALLHOLDERS have reacted with disbelief after the City of Lincoln Council refused to cover the costs of flooding in Lincoln Central Market.
Water cascaded from inside the roof of the Central Snacks café for more than half an hour on Monday morning, and ran "like a river" towards nearby Unicorn Tree Books.
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Traders in Lincoln's Central Market mopping up after after a water pipe burst.
But now traders Barry Reeves and Melanie Carroll say the council has told them to claim on their own insurance as the burst pipe which led to the damage was "not a maintenance issue".
"The council is trying to wangle its way out of it," said Mr Reeves, chairman of the Sincil Street Traders Association.
"They say it's not their problem unless it's a maintenance issue – but this was the main pipe that feeds water to the whole market.
"We reported to the council we couldn't get water out of the taps at 7.40am on Monday but a plumber didn't arrive until around 10.30am – the water came gushing down just after 9am.
"The caretakers didn't know where the stopcock was.
"If they had known where it was then the water could have been stopped within five minutes, but because they didn't it kept flowing for more than half and hour.
"I've had to lay out £350 for a new till and £150 for a new industrial toaster. I've had to pay my staff for not working – I can't expect them to suffer because of this – and all my stock is ruined.
"How can it be my responsibility? It's the council's building and we pay more than £1,000 per month in rent.
"If it was one of my pipes behind my sink that had burst, or my microwave had blown up and destroyed the stall then fair enough I'd pay, but it wasn't.
"I can't afford to lose the £1,500 to £2,000 it will cost in new equipment and loss of trade."
Melanie Carroll, owner of Unicorn Tree Books, claimed she had lost at least three crates-worth of stock and, as flood water continues to soak up from her sodden carpet into the chipboard bookcases of her shop, she fears she could yet lose more.
"In terms of stock damage it's probably less than £100, but when you are a small business that's still quite a lot," she said.
"And I'm going to have to buy a dehumidifier as the carpet is still really damp.
"This whole episode is sad as we expect more from the council.
"They've sent us a public liability form but we've been told not to be confident that we'll get anything.
"I can't personally see how they can claim they're not responsible."
The City of Lincoln Council was unavailable for comment.
9 Comments
by tim, north scarle
Wednesday, December 01 2010, 2:08PM
“I would be tempted if I were Barry or Melanie to look into whether their leases mention anything about set-off, send an LBA to the council stating that unless they re-imburse the costs incurred the amount will be set-off from rent payments.
As the freeholder the council is responsible for the fabric of the building, service pipes form part of the fabric rather than fixtures and fittings, their upkeep is clearly the liability of the freeholder, not the lessee”
by Ben, Lincoln
Wednesday, December 01 2010, 11:19AM
“@old man
Brilliant idea. Don't pay and then get thrown out for non-payment. Yeah, that'll work a treat.
Duh.”
by Missouri Marten, Lincoln
Wednesday, December 01 2010, 11:07AM
“I'd have thought that if it says in the stallholders' leases that the Landlord is responsible in circumstances such as these, then The Council can't refuse to pay up. If it doesn't then the stallholders don't have grounds for complaint.”
by lynn, lincoln
Wednesday, December 01 2010, 10:58AM
“The Council should foot this bill, or they may soon find no one wants to trade in the Central Market. As for not knowing where the stopcock was, dear me, what are they paying caretakers for?”
by old man on a zimmer buzzin around, lincs
Wednesday, December 01 2010, 10:34AM
“SIMPLE DONT PAY THERE RENT OR THERE RATES get everyone concerned to stick together and boycott these robbin b......ds at there own game..then seek a good solictor and sue..If its there building they will be insured..”
by Phil, Lincoln
Wednesday, December 01 2010, 10:20AM
“Bloody typical Lincoln City Council, pass the buck, rip people off if we can!”
by tradertoo, Lincoln
Wednesday, December 01 2010, 9:05AM
“Mushroom, as I'm sure you are more than aware of, business insurance policies dont always cover you for landlord responsibilities anyway -but especially when taking insurance on a shared use/access property like a market hall -its not the same as insuring a shop.
Add to that there are only so many claims that can be made before you hit premiums or refusals to cover and as the market hall has been leaking on a number of stalls in bad rain for years and causing damage without it being sorted and the stalls themselves have been covering all these losses and claims in all these instances it is reaching crisis point.
The point to remember also is stall holders are also tax payers, as well as rent payers to the council.
About flood risk plans, well wouldn't you also rather have expected the council to have trained their onsite staff to know what to do in such a situation ie where stopcocks are or water pressure limiters so as to stop or minimise the flood and damage sustained?”
by Mushroom, Newport
Wednesday, December 01 2010, 8:19AM
“If they are responsible businesses they will have insurance and will have a flood risk action plan as part of their business continuity plans
If they haven't, then they shouldn't expect the taxpayer to pick up the bill for their own short-sightedness.”
by David, Lincoln
Wednesday, December 01 2010, 7:30AM
“What nasty little weasels the Council are! They are the landlords so of course thay are responsible. End of story. Pay up you miserable goats!”