Please help - Can I claim compensation for lost food from LL for faulty fridge?

tiggerbounce

Hi, We have been renting our current house at £915 pcm for 20 months through CRL, we've always paid on time, there have been quite a few plumbing problems etc, which we have always had to continually chase up over a period of months to get fixed, basically CRL have been awful (looooong story).

We have just found out that the house has been put up for sale, fortunately we are in the process of buying anyway, so aren't too concerned, except we are (in our opinion) owed around £300 as when we went away for a week last June (i.e. 13 months ago) we diligently switched the dishwasher off, or so we thought, the house is a new build (the LL lived there before us for about 4 years) and there is a twin switch in the kitchen, one side labelled 'dishwasher' the other 'fridge/freezer', unfortunately this has been wired wrong, so we returned from holiday to discover that actually the 'dishwasher' switch turned off the fridge and freezer, obviously all food was ruined.

I immediately called CRL, the guy I spoke to said no-one would come out as it was a BH and I should take photos and record it all. I offered to refreeze till the next day, but he said they didn't need to see it. We've been chasing it up since then (ok, could have done more, but I also had a baby, so I got a bit distracted ) at first they were just ignoring us, now I've raised an official grievance as per their procedure and escalated it, the Area Manager has decided "no money is due for the 'alleged' loss and even if it did occur then we always advise tenants to have appropriate insurance":mad: Our problem is firstly the passage of time since it happened and secondly, our insurance doesn't cover the wire being swapped over, the fridge wasn't faulty, it was switched off!

They rejected our suggestion of lower rent, but now as we're moving out anyway (notice not given yet) that obviously isn't any benefit now anyway. Can I do a small claim in court? Any other options? I am quite happy to take it to court if that's possible

Thank you ever so much

Eric1

tiggerbounce wrote: »

when we went away for a week last June (i.e. 13 months ago) we diligently switched the dishwasher off, or so we thought

sorry can't help, but I'm really puzzled why the dishwasher had to be switched off but not the fridge. Is it in your contract?

tiggerbounce

Eric1 wrote: »

sorry can't help, but I'm really puzzled why the dishwasher had to be switched off but not the fridge. Is it in your contract?

Well, actually I was trying to shorten it (too late I know) actually my friend was coming around to water plants, feed cat etc, she is paranoid about equipment failure/electric faults/flooding etc, so we think she switched it off (as neither of us remember doing it), I would sue her, but I like her

Eric1

well, to me a working fridge seems riskier than an idle dishwasher.
you may have a case, but may be asked the same questions if you take it to court.

tiggerbounce

Eric1 wrote: »

well, to me a working fridge seems riskier than an idle dishwasher.
you may have a case, but may be asked the same questions if you take it to court.

Well, I think I'd be quite happy to defend that, I think quite a few people go around and switch off all non-essential electric sockets don't they?

Thanks for the reply

G_M

It always amazes me that people turn off stuff on holiday, fearful that while the house is empty, a fire will magically start.

Yet each night they will happily and peacefully sleep in the house leaving all the same appliances switched on - risking their lives should the same magical fire spontaneously start!

as for your Q: are you sure about the wiring? You seem unsure who turned off the switch and when - perhaps actually the fridge switch was turned off?

If indeed the switches are wrongly wired and/or wrongly labelled, then yes, I guess you could claim in a SCC, and though it was probobly the builder's error you'd have to claim against the LL (you have no contractual arrangement with the builder).

In the 1st instance, put your claim in writing to the LL, together with photos, receipts for food etc and send it recorded delivery. Expect your LL/tenant relationship to plummet though.

tiggerbounce

Thank you for your reply, obviously we checked the switches when we got back which is how we know they are messed up, so yes we are sure

As I said, we have already gone through the written grievance procedures and sent in photos

It's not for fire reasons that we switch off, it's greener and cheaper

clutton_2

what really puzzles me about all this is how come you did not discover this in the 7 months after moving in and before you went on holiday ?

and you also say that "we think she switched it off " - so you think it is your friend's fault that she switched it off (and you dont want to sue her) but you still want to sue the LL and take him to court ?

sorry - words fail me.....

if you do take this to court i would be amazed if the judge did not ask you this self-same question...

Surely anyone would expect someone to have sussed out their home in 7 months....

Emmzi

does your contents insurance cover you for accidents? worth a go.

Brb

I don't know about the legalities of it but I wouldn't sue LL over it personally. Maybe I'm just not like that. My previous rented house full on flooded and we lost everything downstairs thanks to wrong plumbing pipe used when house built. Wasn't too impressed with the three nasty electric shocks I received (electric didn't trip, later found defective board).

I'm never without contents insurance inc accidental damage.

RobertoMoir

tiggerbounce wrote: »

there is a twin switch in the kitchen, one side labelled 'dishwasher' the other 'fridge/freezer', unfortunately this has been wired wrong, so we returned from holiday to discover that actually the 'dishwasher' switch turned off the fridge and freezer, obviously all food was ruined.

So you want to sue your LL because you or possibly your friend, you're not quite sure, was paranoid enough about electrical devices that you switched the fridge off by mistake but not paranoid enough that you double checked?

Sorry, but frankly you make me glad I'm not a LL.