Am I being unreasonable?

roboticpink

We have just moved in to our "newly renovated" rental house. We have been waiting to move in since before the renovations began.

A few weeks ago we visited the property with a representative from our letting agent, to see how ithe work was getting along. The builders had taken a couple of floorboards up and while talking to the letting agent, I took a step to look into a room and put my foot straight through the hole, into the ceiling below! I limped out of the house that day and was in pain for the rest of the weekend

The letting agents said nothing until move in date, when they presented us with an invoice for the damage!

Nobody warned us about the floorboards being up, so we stated we didn't want to pay the invoice as we thought the builders were responsible.

The letting agent has come back with a demand for the money, and has suggested that I am not a reasonable, responsible adult for expecting not to pay it. He has also suggested that signage or a warning of the danger would not have prevented the accident - which it would have done, in our opinion.

The letting agent has inferred that if we don't pay the invoice, he'll tell our landlord not to renew our tenancy after our initial six months, and suggest he gives us a poor reference when we leave.

Am I being unreasonable? Do we have a case not to pay this invoice? And is this blackmail?!

Any help gratefully appreciated; we're in a real bind. Currently thinking we should just pay it to keep the peace but does that leave the door wide open for them to threaten us like this whenever they want some more money? We also have several other issues with the state of repair of the house - should we bring these up at the same time?

BitterAndTwisted

Yes, I do think you are being unreasonable. You caused the damage therefore you should pay for it.

sharpee

The contractors should have barriered off the opening to prevent such an occurance.

Just because the work was being carried out in a domestic dwelling doesn't exclude it from the Health and safety at work act.

RAS

Counter sue for injury.

jjlandlord

I agree with Sharpee: The absence of notice and warning was negligent on their part. Refuse to pay. Too bad you did not go to your GP for the pain, you could have countered with a claim for injury against them.
Actually, if no-one was present at the time this happened apart from the agent I would even deny that I ever walked through the floorboard.

In addition I do think that the way the LA/LL is handling that and pressuring you into paying is unethical to say the least.

KateLiana27

How much are they asking for? What was the damage caused?

Gwhiz

Bloody hell - is this for real?

You walk into a room, put your foot through the ceiling and moan at paying? How did you not see missing floorbaords?

My view - your mistake, you pay.

roboticpink

GWhiz - unfortunately for me, it is for real, and we were looking at the paintwork that had been done (badly) so I was looking up and not down!

Mixed views... interesting... we've got so many more battles to fight before the house is done that we might just pay up with a proviso that they immediately extend our contract and stop threatening us.... or we might go to the landlord. If we can find him

pararct

How much are they asking for on the invoice? Peeps in here will be able to work out if it is in the ball park for a new ceiling board and repair plaster patch.

Did you seek any medical advice at all reference your injury? Ie is there a medical record somewhere you injured your foot/leg?

As it stands provided you did suffer pain and distress regarding this incident then the builders are almost certainly liable.

Why not speak to the letting agent tell him you are making arrangements to pay his invoice but at the same time ask him for the name and address of the builder. This builder should have indemnity insurance which will cover them for incidents such as this. Then speak to one of the multitude of firms that advertise on the TV no win no fee injury claim and see if there is any mileage in you pursuing it. End of the day you will need proof that you actually injured your leg. An invoice for damage to a ceiling panel will assist in providing this evidence.
End of the day the builder will not be happy to stump up his excess should your claim succeed and no doubt this will sour his relationship with the letting agent, still quid pro quo as they say.
As for advising the landlord not to renew your tenancy he would need to give a reason (if I was the landlord I would be asking why). If you have always paid your rent on time and other wise been no problem the LL would be a fool to terminate you as it will cost money to find new tenants and he risks a void. As for the other point anyone who makes stories up about you that are not true may well be guilty of libel and can be taken through thee courts for it.

Edit to add. It will be easy to find your landlord. Query the Land Registry site with your address and it will tell you who owns the property costs £4.00 if I recall correctly.

roboticpink

pararct wrote: »

How much are they asking for on the invoice? Peeps in here will be able to work out if it is in the ball park for a new ceiling board and repair plaster patch.

Did you seek any medical advice at all reference your injury? Ie is there a medical record somewhere you injured your foot/leg?

As it stands provided you did suffer pain and distress regarding this incident then the builders are almost certainly liable.

Why not speak to the letting agent tell him you are making arrangements to pay his invoice but at the same time ask him for the name and address of the builder. This builder should have indemnity insurance which will cover them for incidents such as this. Then speak to one of the multitude of firms that advertise on the TV no win no fee injury claim and see if there is any mileage in you pursuing it. End of the day you will need proof that you actually injured your leg. An invoice for damage to a ceiling panel will assist in providing this evidence.
End of the day the builder will not be happy to stump up his excess should your claim succeed and no doubt this will sour his relationship with the letting agent, still quid pro quo as they say.
As for advising the landlord not to renew your tenancy he would need to give a reason (if I was the landlord I would be asking why). If you have always paid your rent on time and other wise been no problem the LL would be a fool to terminate you as it will cost money to find new tenants and he risks a void. As for the other point anyone who makes stories up about you that are not true may well be guilty of libel and can be taken through thee courts for it.

Edit to add. It will be easy to find your landlord. Query the Land Registry site with your address and it will tell you who owns the property costs £4.00 if I recall correctly.

I don't want to claim for my ankle - it was only for a day it hurt, we didn't go to the doctors and I don't like this compensation culture we live in... I suppose I thought the builders would at the very least repair the ceiling as a gesture of goodwill towards us not suing them!! I am so naive

Unfortunately we know exactly where our legal landlady is - in a home down the road from us - it's her son who liaises with the letting agency so we have to find him!

Thanks for your help

pararct

roboticpink wrote: »

I don't want to claim for my ankle - it was only for a day it hurt, we didn't go to the doctors and I don't like this compensation culture we live in... I suppose I thought the builders would at the very least repair the ceiling as a gesture of goodwill towards us not suing them!! I am so naive

Unfortunately we know exactly where our legal landlady is - in a home down the road from us - it's her son who liaises with the letting agency so we have to find him!

Thanks for your help

Fair enough but the suggestion that you might want to go down this road might be enough to get the letting agent to back off.
When it comes to business which is what this is for the agent Morality will always take the back seat.

I intensely hate the compo culture as well and have seen how it has snowballed over the 80's and 90's when I was a Union Rep. The H&S act which brought this all about was designed to protect workers who injured themselves at work. All too often employers would refuse to pay them for time off sick, even when it was their negligence that led to the original injury which was why legislation was needed. In this sense it is a good thing.

The situation today came about when case law was framed allowing all and sundry a bite at the cherry.

In this case I would have no problem pursuing it if there was a case given the attitude of the Letting Agent. If the sum recovered came to more that the repair to the ceiling then I would have no problem donating it to my favourite charity.;)