am i liable for accidental damage?

nick_

bit of an odd one but hopefully someone can give me a straight answer (dont seem to be getting anywhere with the agent)..

essentially i have broken a fixture in the house due to an accidental slip. i have checked with my own insurance company (contents only) who told me that i am not covered to claim against the accidental damage.

my question is this - who is liable? my gut says me. i slipped, fell and broke the fixture however surely landlords have insurance to cover any significant outlays in such an event (it won't be a cheap repair). i've offered to pay the excess however so far i've heard nothing back. any advice on where i stand is appreciated.

marliepanda

I would say offering to pay the excess is fair

nick_

so do i, however i suppose i'm bound by the terms of my contract, which in this instance is vague (damage to be paid by me unless fair wear and tear or an insurable risk - no explanation as to what an insurable risk is, however i fear it's fire/water damage etc).

like i said, i fear the worst - in which case i'll have to take it on the chin - but i don't wan't to be misled by the LA.

jjlandlord

You caused the damage, so you are liable.
However, if landlord is insured you should indeed only be liable for any excess. (whether the insurance would in turn pursue you in other matter and possibility).

tbs624

Do you have the LLs contact info - if yes, then speak directly to him/her if LA is being slow to respond. Delay may of course be down to the LL him/herself but the LA should at least let you know if that is the case, rather than just keep you in suspense.

LL should, as you say, have appropriate insurances in place and you would be expected to pay the excess so offering upfront to do so is the right thing to do.

Make sure that you get any agreement on costs of repair/payments of excess put in writing by the LL so that there can be no potential to call on your tenancy deposit at a later date.

nick_

Thanks JJ and tbs....

just to come back to some point raised by tbs. we do have their contact details however i've tried to go through all the correct channels with this as i wasn't sure where i stood legally - as i said before the repair costs are significant, particularly as we're trying to save for our first house.

i am hoping they have insurances in place. i know they have a mortgage (LA let it slip a while ago - unintentionally i'm sure) so i would guess it's a condition of the mortgage that they have something.

i just fear they'll turn around and say, "you pay, you damaged it".

G_M

The law is simple in this instance. You caused the damage so you are responsible for the cost. This can be charged to you now if repaired by the landlord, or taken from your deposit if you refuse to pay.

Whether the LL has insurance covering this inscident does not alter the basic legal position above. There is no obligation on the LL to have insurance (though most do), and if he does it may or may not include 'accidental damage'. And he may or may not wish to make a claim on it.

If the LL does have insurance, and does make a claim, it is not just the excess that is involved. Having made a claim, his premium will also almost certainly increase next year, so he may prefer not to claim but to ask you to pay. And if he does not have insurance covering accidental damage then he is also likely to expect you to pay.

nick_

pretty straight forward then G_M

although not the answer i wanted, it is probably the answer i knew (in my heart of hearts) i would get. just have to put it down as one of lifes little annoyances!

thanks for all the replies.

tbs624

LLs do get to set their insurance premiums down on their tax returns and experienced LLs allow for potential premium rises etc when setting their rent levels.

nick_ wrote: »

i just fear they'll turn around and say, "you pay, you damaged it".

They may of course do just that but rather than extend your worry time do get in touch with the LL direct and ask "what would you like us to do?" and then take it from there.None of us can really predict how your LL will choose to deal with the issue. Good luck -maybe you'll update the thread once you've spoken to the LL?

nick_

i'll let you know what happens...

...not sure what to expect as have had bad experiences (taking weeks to get essential repairs done is a case in point) but at the same time, the LL is quite a nice guy (at least to my face!).

Old_Git

what was the fixture you broke.