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I think this is the last question about tenant damage

Hi all, don't know if you remember my last post about tenant damage. It was my husband trying to fix a leaky toilet at midnight and the last turn of the wrench cracked the pan. We've had lots of hassle from our landlord and she specified that she wanted a colour match or we would have to replace the entire suite. This bathroom is probably over 30 years old, possibly 40.

Panic set in and we were on the hunt. Amazingly, we found an identical colour brand new for £65! Then she told us off for that because she was going to have her insurance adjuster have a look at it. She had him come here twice. He said he couldn't have gotten a closer match so we were given the go ahead to install the toilet we bought. This is being installed on Tues! yay!

Anyway, she stuck a letter in the door saying that she was going to leave the insurance claim open till after she inspected the toilet to make sure she is happy with the fit.

We are having a proper plumber install it. It is not the same brand and will not fit exactly the same. She has seen the new toilet twice in the bathroom and so has the insurance adjuster. Can she come after us for additional costs if we have had the same exact colour installed by a professional plumber? The flooring is tiled but it's is a mess and cracked all over due to the mickey mouse job installation. The floor is so uneven and over the 10 years we have been here, it's has just cracked several tiles and the grout is coming apart as well. She has seen this and through all the toilet ordeal, has never mentioned the flooring. I suspect she is aware the installation of the floor was not done properly. So I'm not sure what she would't be happy with and if she isn't, would she be able to come after us for any additional costs?

Thanks again for all your help xx

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Of course she can 'come after you'.

    However whether she would succeed in any dispute between you should it go to arbitration or court is another matter.

    Without knowing the full details (and I can' read what went before. - OK - can't be bothered to hunt for it - why start a new thread?) it's is impossible to guess.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    This is the previous thread:

    https://forums.moneysavingexpert.com/discussion/5504800

    Betterment and deposit protection were discussed in the previous thread so I'm not sure why you're concerned about more BS from your landlord and trying to get an exact colour match for an old cludgie.
  • Elfbert
    Elfbert Posts: 578 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    Make sure you take lots of pics of the floor before installation, so she can't blame the cracks on the plumber installing the colour-matched loo.
    Mortgage - £[STRIKE]68,000 may 2014[/STRIKE] 45,680.
  • Mela322
    Mela322 Posts: 149 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    My apologies for not searching for my old thread, wasn't sure exactly how and after going all day, I really didn't try looking so I really do apologise about that. Pure laziness on my part.

    I think I probably worry too much about what can happen because we can't afford to move and she can give us 2 months notice for any reason. So we are just doing the best we can to keep things smooth and for the most part, things have calmed down a bit. We hope to be in a better place next year so that we can move but right now, wouldn't be good for us.

    I wish this whole thing was a joke. We've been here 10 years and have never missed a rent payment or been late, well we were late by 3 days because the bank didn't initiate the very first payment. So I was worried that she could force us to pay for another installation of a toilet if she found one that was the same colour and the same manufacturer. Long shot but could happen.

    I am sorry if I've wasted anybody's time. This whole thing has been very stressful.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I'm sure it is stressful given the BS your landlord has come out with about tiling the entire bathroom and new bathroom suites. That doesn't alter the fact that she isn't entitled to betterment.

    Just keep in mind that since your deposit isn't protected she cannot issue a valid Section 21 without first returning your deposit.
  • anotheruser
    anotheruser Posts: 3,485 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    I just wouldn't have bothered telling the LL about it and changed it without their knowledge.

    So long as it's better/newer than what was there before and it's not "wild" (IE, fits in to some degree) then you'll be fine I'm sure.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What utter stress! Of course she can't come after you, you've been there for 10 years, things WILL go wrong and will naturally wear off. Your landlords expectations are ridiculous and instead of pestering you, should be grateful to have had such good tenants for 10 years. I would have loved to have you as tenant!
  • Mela322
    Mela322 Posts: 149 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Really thankful to you all. It's been stressful but thankfully I have an amazing hubby that keeps me as calm as can be. Toilet is being installed on Tuesday so I'm sure LL will be wanting to come around asap.

    I wish our LL would see us as good tenants but all she sees is we damaged the property. It's upsetting when we do look after the property are very watchful of what our children do and remind them that this isn't our property.

    Thanks again for the advice.
  • saajan_12
    saajan_12 Posts: 5,767 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I suspect bathroom fittings have a fairly long lifespan, and arguably landlord is entitled to a working/unbroken toilet, and somewhat matching the other fittings. You could let them fit it and bill you for a reasonable proportion of the cost reflecting the remaining life. However if they don't find an economical solution (e.g. more expensive call out charges etc) you'll likely spend less by arranging it yourself, even if the landlord ends up with new for old - better for everyone.

    Assuming your plumber does a reasonable job, I wouldn't worry about the floor - the overall floor tiling was already a mess so the plumber would have to do a pretty hack job for you to be liable for anything further.
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