Letting agent - demanding repair charges for Boiler Fan

addictive_saver

Thanks again for your instant replies..

Would it be good idea to initiate the procedure of taking court action?

I have drafted the next letter to them:

Thanks for your email.

I would like to bring it to your notice that:

1. There are no warning messages on the appliances as well as around
the isolator switch that could warn me that it can be only operated by
the professional plumber

2. No instruction manual was handed over to me by 'XXXX property management'. I could
find manuals for other appliances e.g. Fridge, Television, Shower
system but there is no manual in the property for the boiler

3. No representative from 'XXXXXXXX property management' came with me
on the day of possession (15-Feb-2007) to explain usage of the
appliances in the property. I collected the keys from your office.

From the above points, its evident that there is no way for me to know
the way this appliance (isolator switch) is used, normally.

If you could prove this to be a case of misuse, I would be happy to
bear the expense charges.

In the mean time, I would consult my legal advisors to proceed with this.

Moreover, I am still positive that this cost should be covered by the
Household Insurance Policy.

Please let me know your opinion on this.

The important points here are

1. How can they prove that the damage caused due to misuse..
2. How can I prove that this was not misuse but because there was no instruction manual there was no way for me to come to know about its usage
3. Can they defend saying 'I should have contacted them for getting the instruction manual, rather than using my own judgement in using this appliance' ???
4. Can they say, the instruction manual was provided but I am trying to make the wrong point that it was never provided? How can I prove that the manual was never provided to me??


Please advise If I should do any modifications in this letter... Thanks

olly300

1. How can they prove that the damage caused due to misuse.
They can't

2. How can I prove that this was not misuse but because there was no instruction manual there was no way for me to come to know about its usage
You have stated clearly many times in writing there was no manual and they didn't show you how to use the boiler. Stick to that position.

3. Can they defend saying 'I should have contacted them for getting the instruction manual, rather than using my own judgement in using this appliance' ???
They can but then then alternatively you can argue they should have shown you how to use the boiler when you moved in because it was winter and you would definitely be using it.

4. Can they say, the instruction manual was provided but I am trying to make the wrong point that it was never provided? How can I prove that the manual was never provided to me??
Neither of you can prove a thing it's your word against there word.


Please advise If I should do any modifications in this letter...

I think you should make a reference to the law i.e. "Thank you for your email about point 42 I draw your attention to the OFT Guidance on Unfair Terms In Tenancy Agreements, which I'm sure you are aware off."

They won't be.

I find most people back down when you make a reference to the law as they realise that you know your legal rights and you are not worth bothering with.

The only people who don't are:
1. lawyers - who then go on and try and blind you with legal jargon, or try and get you tied up on a technicality and if they don't get their way just start bullying.
2. people who have had past legal training in something else and their knowledge is not up to date.

Oh I would leave out- " Moreover, I am still positive that this cost should be covered by the
Household Insurance Policy."
As it doesn't matter to you where the landlord gets the money from as it's not your business.

addictive_saver

Thanks olly300 for your valuable guidance... I will keep everybody on this forum posted about this... hopefully I will get through...

I am sure anybody facing similar situation would get important points to proceed with their case... Thanks everybody...

Rick62

I think you are right not to pay. Your points about no warnings and no instructions and not being shown are spot on.

I would get rid of your point about insurance, or at least tone it down, its highly likely the insurance won't pay for this.

Other points you should stress; the previous tenant also operated it this way (and was probably there a lot longer than you). And there is no real evidence that the use of this switch is what caused the fan damage.

Any moving part as the fan is, is likely to wear and need replacing, same as in a car. Obviously your landlord (with assistance from the agent) wants all the income with none of the cost. Wear and tear is part of the landlords expense - you could also ask for a specialist report on the condition of the fan when you moved in - which of course he won't have.

Meatballs

I think their offer of 50% would be pretty damning in court. Especially as they then turned that back into a 100% cost. It shows that they are reacting to your requests unreasonably rather than sticking to their offer.

addictive_saver

Thanks guys...

I have sent them a letter quoting all the suggested points..

Now, I will be waiting for their reply..but in the mean time, I am thinking on what should be my next plan of action...

Should I be preparing myself for going to 'Small Claims Court' ??

Do I need to do any ground work before I go to the court?? I am pretty to new to all this and have not experienced such thing in past.

Should I be informing them that I would be going to court in this regard??

Could anybody please guide me on initiating the court process...

Regarding all my updates above:
I would like to clarify that the offer they made to me to bear half of the total estimated expenses i.e. £250 ..was during Telephonic conversation..
There is no written proof for this offer...so can I really stress on this point??

Thanks again for all your help..

olly300

addictive_saver it is extremely important to record anything that is said in a telephone call in writing. Even better if you can record the approximate date and time of the call and who you have spoke to.

I've also pm'd you.

addictive_saver

olly300 wrote: »

I've also pm'd you.

Thanks olly..

I have not received your PM

Regards..

olly300

You should have now hopefully.

Guy_Montag

what was in the pm?