Grey area of accidental damage...help!

Googler_2-2 · 1 September 2010 at 1:35PM

Any advice would be gratefully recieved on the following:

I have tenants who have informed me that whilst opening it, a kitchen cupboard came off it's top hinge, they then closed it and and it subsequently fell off completely ripping the bottom hinge out of the frame.

Is it down to me as the landlord to pay for the repair because it would be seen as being in a state of disrepair or would this be classed as accidental damage and therefore the tenants responsibility? We did not inspect the hinges at the time of the inventory and they are not noted in it. The kitchen was fitted 3.5 years ago.

Advice please!

BitterAndTwisted · 1 September 2010 at 1:39PM

I'd say it was down to you. Unless the tenants have been climbing on it, the cupboard should have been secure enough to hang there for decades.

Googler_2-2 · 1 September 2010 at 2:09PM

I was surprised it broke as it is a good quality kitchen and relatively new. I think they are a bit heavy handed with things as we've had more minor repairs since they've been there than with all other tenants put together! But I get the impression that it would be down to me to prove this :-(

sinbad182 · 1 September 2010 at 2:16PM

If a cupboard door came off in my hands, and the landlord tried to get me to pay for it i'd tell them where to go.

Really2 · 1 September 2010 at 2:37PM

That kind of damage is usually done if someone puts their weight on the door as they bend down.

If it is a floor cupboard and a newish kitchen and the top hinge has been ripped out of the wood work you could argue that was heavy handed IMHO.

But if the top hinge cam lose it is accidental damage as the bottom would not have happend if the top was OK.

But a strong glue or http://www.diy.com/diy/jsp/bq/nav.jsp?action=detail&fh_secondid=9726444&fh_view_size=10&fh_location=//catal!!!1/en_GB&fh_search=adecive+putty&fh_eds=%C3%9F&fh_refview=search&ts=1283348196152&isSearch=true
should fix it.

BitterAndTwisted · 1 September 2010 at 2:49PM

Googler wrote: »

I think they are a bit heavy handed with things as we've had more minor repairs since they've been there than with all other tenants put together! (

Giving your current tenants the benefit of the doubt, perhaps these minor repairs are things which your previous tenants should have reported but didn't. Minor repairs left unattended to can lead to more expensive damage, which I daresay your tenants would quite like to avoid getting the blame for and consequently having to pay for it.

tbs624 · 1 September 2010 at 6:14PM

As you didn't check the condition at check-in, get it repaired yourself and get the other hinges checked at the same time. Such repair costs are tax deductible.:)

Paul_the_Painter · 1 September 2010 at 7:15PM

If it was 10-15yrs old I would be more surprised than if the kitchen was only 3.5yrs old. Things come loose often quite soon after fitting, it's a good idea to check any fitting after it has "bedded down" a bit.

If someone is not DIY savvy, they can leave something a surprisingly long time "making a funny noise" or "not shutting right" until eventually it falls offs, falls apart, breaks etc.

Always a problem if you're not in the house yourself, whenever I did work for landlords I would run a screwdriver/spanner over furniture etc to prevent them falling apart - especially the IKEA stuff!

DawnW · 1 September 2010 at 9:06PM

I can claim for accidental damage on my LL insurance. Can't you do the same?

mostlycheerful · 2 September 2010 at 12:56AM

Perhaps a wider issue to consider is how happy you want to keep your tenants. If they’re good people and reliable payers and you want to retain them and keep them in good spirits and liking you then it might be worth doing it yourself. If they’re showing signs of being rough or undesirables then you might prefer to confront them and pressure them to pay for any damage, which attitude from you will contribute to and work towards chucking them out. Although having said that it is often better to not be confrontational as that can be counter productive and some people will fight back or get revenge. And, worse case, stop paying their rent, do a flit and maybe even rip off and trash the place and persecute you in various ways.