Accidental damage vs Wear and Tear...landlord being difficult

katielou78

I have a glass shower screen that is fixed to the wall & fits flush to the top of the bath. It only opens & closes as far as the bath, so only opens inward. After a shower I leave it slightly ajar so mould doesn’t creep in on the seal. 2 days ago I went to close the shower door & it came off in my hands. I noticed that the pivot at the top appeared to be perished & has cracked in two hence the door falling off. My agency claim it is accidental damage, I dispute this as no force was placed upon the door, I wasn’t doing anything out of the ordinary & it didn’t occur as the result if me mis treating the door. Where do I stand? She wants a second opinion from their handyman & wanted to come in to the property whilst I was at work to show him. I have requested to be at the property too, which is tomorrow, so any reply would be appreciated! Thanks

sarahevie

Had similar in a property that I let. Apart from it was the rubber seal on the bottom of the shower screen that perished. Meant flooding and the ceiling nearly going through.

Tenants didn't report it. So I didn't know. I didn't charge for it.

The showerscreen I felt was my responsibility, the rubber seal had clearly naturally perished, however, they were responsible for the damage to the ceiling, caused because we didn't know about the leak. I didn't deduct for either, but I would in future think it was a bit lenient.

G_M

Clearly one that could be argued either way. Hard to say without seeing it and/or being there when it happened.

you're wise to want to be there when the guy comes.

You might want to consider getting someone yourself to look at it if it turns into a dispute but a) that might cost more than the screen! and b) you'd have to ensure the guy tomorrow doesn't dismantle/remove it.

As Sarah says above, a decent/reasonable LL would just replace it in the interests of keeping a good tenant happy, but a) I have no evidence whether you are, indeed, an otherwise 'good tenant! and b) not all LLs are decent/reasonable.

Good luck.

katielou78

I'm a very good tenant! Rent always on time, property is clean & no damage anywhere. The screen has already come off the fitting & is propped up in my hallway!
I suppose this is going to be a tricky one, I'm pretty adamant that I dud not accidentally break this, just by using the door for it's proper use. But depends if my robotic letting agency woman decides to see me as a human rather than a wallet stood in front of her!! Thanks for your advice, it's good to get points of view.

princeofpounds

If the joint generally has fatigued and you were doing no more than normal 'operation' of the screen then it is wear and tear in my opinion.

Proving it however is difficult. If I were you, I'd take detailed photos of the joint, especially if it shows signs of fatigue.

poppysarah

Take plenty of good photos of the failed bit

katielou78

I have taken lots of photos! I agree with the post that says if I was operating the door normally then how can it be an accident?!

martindow

Have you any idea how old the shower screen is? The older it is the more likely it is to be the plastic ageing and then breaking. In any case shouldn't the LL be only claiming a proportion of the cost as otherwise it would be betterment?

mart.vader

If it's just the hinge that has broken, rater than the glass, maybe they (or you) could get a replacement hinge from the manufacturers?

katielou78

LL came round with handyman. After he looked at it, she said that it was their responsibility & is sorting a replacement. Thanks for all your help & advice!

princeofpounds

Ah good to hear. Reason prevails.