who pays for this damage!

JodieUK

Ok I assume I will get a mixed raction here - landlords vs tenants! but i moved into a property 2 and a half years ago - the letting agency and the landlord are useless. the shower has leaked through the kitchen from day one, various people tried to fix it - when they couldnt I was just left with a bucket and a hole in my kitchen ceiling. this amongst other issues never get resloved so I have given up...

anyway a few weeks ago my boyfriend passed out in the bathroom - he fell onto the shower frame, which you would assume is solid (it looked it!) and this came apart and shattered all the glass within it - leaving just the frame in tact (minus the bracket at the bottom which had just clear came away) hes ok...just cuts and scrapes....however the quote to fix was £300 - I dont have that kind of money, but when checking the contract it states that the landlords insurance is covered for all of his fixtures and fittings...would he be insured for this and should he have to claim?

Agency say no - but I think that my boyfriend falling against the shower shouldnt have created so much damage if the brackets etc werent already loose, and the inventory states the shower is made of perspex - which we thought it was, until of course this happens.

Anyway just wondered if anyone knew what my rights were if any - landlord is difficult at the best of times - and if we cant get this replaced we're just flat out moving - but then I think that will be another battle for the deposit back

Planner

Your responsibility to pay for/replace, or at the very least to pay the LL insurance excess.

Lucy_Lastic

I am a landlord and I have insurance that would cover this sort of event. It's not expensive.

If the contract states that the landlord insurance covers fixtures and fittings then why are the agents saying no?

mikey72

Landlords insurance would cover it, I would offer to pay the excess, or he will try to keep it from the deposit, if he doesn't try to keep the full cost anyway. Get the agreement in writing if you do pay the excess to cover yourself, and pay by cheque, not cash.

Cannon_Fodder

It was not broken until your B/F fell against it. He/you will have to pay, if your LL/agent are as bad as they sound.

Replace with perspex, should be cheaper - and safer.

Write them a list of the other issues, give them 7 days to fix;

- if you want to stay, say you will repair and deduct from rent.
- if you don't want to stay take their failure to act as final proof that they deserve to have an empty property that needs money spending on it before it can be re-let. Move out.

Tenants tolerating poor standards of upkeep are what allow Landlords/agents to keep getting away with it.

JodieUK

I have offered to pay the excess so will see what he says with that.
The agency havent got a clue really - i think they just dont want to ask as the man is very difficult at the best of times, he'll just hit the roof - the washing machine kept breaking and after 1 year of it happening atleast once a month they said it had to be replaced - but he wouldnt replace it (even though it was an intergrated appliance, and we rented part furnished with this included) it took a lot but he finally got us a new one...

thanks for comments, i just think its a grey area - if it was perspex as the inventory stated then this couldnt have happened anyway - if he is insured for it surely thats cheaper than £300 to replace the glass!?

ritz55

Would agree with Planner, your responsible for the repair. Who is to say that the landlord took out insurance cover or that the policy would even cover it. Every Companies different. The landlords insurance I have does not cover this.

Landlord would be within there rights to hold back some of the deposit to cover the cost of repair.

My suggestion would be to get the work done using your own builder to the same or slightly better standard than it was previously. A like for like fix, may help keep the costs down that way.

JodieUK

Thanks Cannon - we are looking into perspex - as if it states that's what it was anyway then we are replacing it for like for like as far as we are concerned. It's a circular shower though and I havent a clue about this type of thing.

I will do what you suggest re the other problems. and send recorded delivery - as its the one address that never seems to get any letters!

mlz1413

With this problem I would write to the LA & LL with offer to pay excess of insurance, as your b/f passed out and caused the damage. This item should be covered by either LL ins or buildings ins and this is exactly what insurance is for.

I am assuming your b/f passed out for a reason and that it wasn't something like CO2 gas for an unserviced boiler? just asking as grown people don't often pass out in showers.

If you have problems again ring and report them and then always back up in writing to LA & LL. But what I can't understand is why you stay? 2.5 yrs with a leaking shower and hole in kitchen ceiling, problems with washing m/c sand a difficult LL sounds like you would be better moving on.