knookie Posted December 23, 2011 Report Share Posted December 23, 2011 Hello One of my tenant's has let her boyfriend go into the attic (via attached retractable ladder) to collect her suitcase and he has put his foot between 2 beams and caused a few cracks in the hall ceiling plasterboard (attic has no floorboards) about a metre square. She has then emailed my letting agent telling them what happened and that it is a health & safety issue (my boyfriend could have been seriously hurt etc etc) but she will not take it any further if i pay for the repairs to the ceiling. According to my letting agent it is not my responsibility to get the attic floor-boarded for her convenience and that she should (or her boyfriend) have been careful if she wanted to go into the attic space. Is she legally obliged to pay for the ceiling damage that she has admitted causing or does her health & safety issues have any basis? I have served notice on my tenant's as i want to move back in myself although this had nothing to do with the ceiling damage. Any advice greatly appreciated Link to comment Share on other sites More sharing options...
Melboy Posted December 23, 2011 Report Share Posted December 23, 2011 How can it possibly be your responsibility ? Health and Safety my ar*e ! It was her boyfriend who took it upon himself to climb into the attic and put his foot through the ceiling nobody else's and trying it on with a Landlord's health and safety issue does not come into the equation. Inform your tenant that SHE is liable for any repairs and that you will take the matter through to it's conclusion. Mel. Link to comment Share on other sites More sharing options...
Grampa Posted December 23, 2011 Report Share Posted December 23, 2011 She is just trying her luck to get out of paying, she knows it and so do we. I might have even tried it myself if I was in her position. Link to comment Share on other sites More sharing options...
Richlist Posted December 23, 2011 Report Share Posted December 23, 2011 I agree its the landlords responsibility.......to laugh uncontrollably at the cheek of the person. Some of my lofts are boarded.....but thats because they were already like that when I bought them. I wouldn't waste time & money boarding any of them now cos I actually don't want the tenants to use them.......or I could end up with a similar problem to yours. I've taken action in the last year or so to fit padlocks on my loft hatches so the tenants can't gain access. I only lock them on the properties where there are no water tanks or pipes in the loftspace.......mainly on flats......and the tenants ae made aware of the no acess requirement. It would be more of a problem in a freehold house. Technically its probably 'vorbotten' to lock the lofts but hell, I couldn't care less. Nobody's complained yet and I'll deal with any hassle when it arrives. Obviously it creates a problem at this time of year for Father Christmas.......but he'll have to get in thru the cat flap or an open window as I cant be expected to think of everything. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 23, 2011 Report Share Posted December 23, 2011 Everyone knows Santa comes down the Chimney, a bit of a strange fetish if you ask me but that's why I repaired the previously mentioned flu this week. Now if your Lady t is concerned about safety isolate the gas so the BF (you decide what that stands for) can't burn himself on a hot cooker and remove the loft ladder, preferably when he's in the loft and as RL padlock the hatch. I hope you enjoy your Xmas knookie, as we all should Link to comment Share on other sites More sharing options...
Chestnut Posted December 24, 2011 Report Share Posted December 24, 2011 Post removed Link to comment Share on other sites More sharing options...
knookie Posted December 30, 2011 Author Report Share Posted December 30, 2011 Thanks for the replies everyone Link to comment Share on other sites More sharing options...
Tyneview Posted December 30, 2011 Report Share Posted December 30, 2011 1324645088' post=17932] Hello One of my tenant's has let her boyfriend go into the attic (via attached retractable ladder) to collect her suitcase and he has put his foot between 2 beams and caused a few cracks in the hall ceiling plasterboard (attic has no floorboards) about a metre square. She has then emailed my letting agent telling them what happened and that it is a health & safety issue (my boyfriend could have been seriously hurt etc etc) but she will not take it any further if i pay for the repairs to the ceiling. According to my letting agent it is not my responsibility to get the attic floor-boarded for her convenience and that she should (or her boyfriend) have been careful if she wanted to go into the attic space. Is she legally obliged to pay for the ceiling damage that she has admitted causing or does her health & safety issues have any basis? I have served notice on my tenant's as i want to move back in myself although this had nothing to do with the ceiling damage. Any advice greatly appreciated Link to comment Share on other sites More sharing options...
Tyneview Posted December 30, 2011 Report Share Posted December 30, 2011 You can not be held responsible for their stupidity. Link to comment Share on other sites More sharing options...
Richlist Posted December 30, 2011 Report Share Posted December 30, 2011 You can not be held responsible for their stupidity. Absolute rubbish. The Health & Safety Executive (HSE) are not concerned wether people have been stupid. They are primarily concerned that accidents can be avoided irrespective of the stupidity of the participants or those responsible for ensuring it doesn't happen. So, YES you can be held responsible for someones stupidity.......although perhaps not in this case. Link to comment Share on other sites More sharing options...
davidmargolies Posted February 14, 2012 Report Share Posted February 14, 2012 Well there are always issues between landlords and tenants. Therefore the landlords should take due care before renting an apartment to any prospective tenant. First step to this is to keep tenants after properly screening their criminal background and checking their credit score. There are services for this who can provide the landlords with comprehensive data of the prospective tenants. The second step is obviously to maintain good relationship with your tenants so that issues like this do not arise at the first place. Make your tenants feel at home and in return they will take care of your rented property. Link to comment Share on other sites More sharing options...
Richlist Posted February 14, 2012 Report Share Posted February 14, 2012 Well there are always issues between landlords and tenants. Therefore the landlords should take due care before renting an apartment to any prospective tenant. First step to this is to keep tenants after properly screening their criminal background and checking their credit score. There are services for this who can provide the landlords with comprehensive data of the prospective tenants. The second step is obviously to maintain good relationship with your tenants so that issues like this do not arise at the first place. Make your tenants feel at home and in return they will take care of your rented property. OK..... But what is the point your trying to make ? The tenant WAS / IS looking after the property but the boyfriend stuck his foot through the ceiling ACCIDENTALLY. Link to comment Share on other sites More sharing options...
prolandlord Posted February 15, 2012 Report Share Posted February 15, 2012 About that, it's not your responsibility since that is her boyfriend's negligence. You should tell that to her. or you may also talk to her to explain the situation since you lack nothing starting from the time that she stays in your apartment. Link to comment Share on other sites More sharing options...
davidmargolies Posted February 22, 2012 Report Share Posted February 22, 2012 OK..... But what is the point your trying to make ? The tenant WAS / IS looking after the property but the boyfriend stuck his foot through the ceiling ACCIDENTALLY. Well Richlist you have actually helped me prove my second point. The damage was caused accidentally not intentionally. In such cases its tough to prove anybody wrong or right. But if relations are good, issues like this are solved without going into legal process and sometimes without any cost. In this case also if the relationship would have been good then the tenant could have accepted the responsibility for the damage. And the first step is just a precautionary measure. To keep tenants with good background. Now I think I have made my point well. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.