LL wants us to pay for radiator repair

Ayelet

I've got a problem. I live in a rented property and I accidentally dropped a CD on a radiator, and the radiator came fully off the wall! The LL now claims it's my fault as I've dropped something on the radiator and I should pay for getting it fixed. However, in my opinion a radiator should be able to handle the (very low) weight of a CD so this can only be caused by the radiator not properly fitted.

Via the legal helpline of our bank we got the advice to get an independent engineer to come around and just assess the situation, without doing anything, so we can support our claim of the radiator being poorly fitted. Is this the right way to go? We've had quotes ranging from £ 20 - £ 50 which sound reasonable.

Thanks for any advice.

shellsuit

A CD as in a compact disc??! How can one of them falling bring a radiator off the wall?!

Aquatronixjenny

Did it just come off the brackets or did the brackets rip out of the wall? Seems a bit extreme if you've just dropped a CD. I'm guessing it was a CD player rather than just a music CD!
The quotes that you have had are very reasonable, although it does sound as if the radiator was badly fitted in the first place. Maybe you could suggest to your landlord that you share the cost?

Ayelet

shellsuit wrote: »

A CD as in a compact disc??! How can one of them falling bring a radiator off the wall?!

Indeed, so I don't think the LL can argue it's my fault, if I've dropped something heavy on it, fair enough, but not a compact disc...

Aquatronixjenny

In that case, either this is a wind up or the LL is taking the pi$$!!

Ayelet

Aquatronixjenny wrote: »

Did it just come off the brackets or did the brackets rip out of the wall? Seems a bit extreme if you've just dropped a CD. I'm guessing it was a CD player rather than just a music CD!

The brackets ripped out of the wall, it wasn't a player, but just a CD, just shocking actually, imagine what could've happened if it was so poorly fitted that even a CD makes it come off the wall?

theartfullodger

The landlord is legally responsible for keeping heating working & repaired, so he should fix it.. (as he would with, say windows or roof..).

If he (genuinely..) thinks you are responsible he is quite at liberty to write & ask you to pay (after he fixes it..) or to sue you through the courts..

a CD falling on it seems an implausible reason for failure..


See..
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

Perhaps refer your esteemed LL to this thread - and also some courses on responsibilities of Landlords??

Cheers!

Artful (LL since 2000)

Zekko

You would probably have to drop something like a large CRT TV onto a radiator to even have a chance of ripping the radiator from its brackets....

jimjames

Had you checked the radiator before that?

Is it seriously the case that you dropped a CD (in its case or just the disc?) on top of a radiator and immediately afterwards it fell of the wall? If I was a landlord I think I'd find that a little hard to believe unless I knew it was in poor condition already.

clutton_2

if a rad was so poorly fixed that a cd, in a case or not, caused it to fall off the wall, it would have fallen off ages ago

i my experience radiators fall off walls because people sit on them, or stand on them to to open windows....

there has to be more to this story than we are being told

prowla

A CD that weighs a few ounces knocked a radiator off the wall???