Landlord liability

[wayne]

On the 17th December 2011 a fire broke out in the upstairs of my daughters house.

It is owned by a housing association.

Two forensic investigators have visited the house.

One for EDF, the electric suppliers...and one for the loss adjusters.

They have both concluded that the fire was caused by a faulty RCD board which the storage heaters of the house, were supplied through.

The electrics of the house were checked? ( she has a piece of paper with a tick in the checked electric box) when she moved in 6 years ago.

No checks have been done since she moved into the house in 2005.

The forensic guy from the loss adjusters reckons there may be £40,000 pounds worth of damage to the building.

The fire alarms supplied by the housing association did not work.

My daughter was woken by a carbon monoxide alarm she had purchased herself.

To cut a long story short she has been unable to get contents insurance because the single UPVC glazing of her house is considered 'insecure' because the beading for the

glass is on the outside and so easily removed!!

She is, we think going to be about £4000 out of pocket due to this fire...both beds, bedding, clothes, wardrobes etc etc.

Do you think she has a good case to demand compensation for her loss from the housing association?

[wayne]

Are there no budding tennent Solicitors out there willing to give me a considered view of my question?

[Caffiend]

Do you think she has a good case to demand compensation for her loss from the housing association?

I am not a lawyer so suggest you check with Citizen's Advice/similar.

However, I would say that anything that belongs to your daughter is your daughter's responsibility to insure.

I've seen your thread in the other section saying that she couldn't afford it/insurers wouldn't provide cover. £60/month £10K cover sounds like a lot to me - as an owner-occupier, I pay less than that for house and contents. When I moved in, one of the downstairs window hinges was actually broken and the entire frame could have been lifted out, no muss, no fuss, within about 5 seconds. I still got insurance - from the mortgage company who had inspected/valued the house, so they must have known about it.

Whatever, I'm not "buying" the 'she couldn't afford insurance' as a reason for having replacement personal belongings paid for by the LL. If the scenario was identical in every way except that she was an owner-occupier, then she'd have to replace them herself, so why should she not be liable as a tenant?

[wayne]

Caffiend...I appreciate your reply. However please read my last post on the Land Lord forum where my case is that of the two cars and their drivers!!

Presumably you rectified the broken window or told the Insurance agent that you would do so? I wonder what would have been the case if you had not repaired it and indeed had a break in? Would you have got your claim fulfilled...I doubt it.

Insurance companies know what HA's have in their houses and flats. If they don't want your business or they think the area is a risk they will find away to stop you buying their products!

Also I hear what you are saying about insurance costs as regards contents etc but I'll lay odds that if and when someone with glazing like my daughters..single glazed with the locking beading on the outside, has a burglary and property is damaged or stolen the the Insurance company

will negate the policy on the ' insecure ' grounds that I have outlined or reduce it's payout stating previous.

As I have also stated on the other thread....had she been at fault for the cause of the fire...she would not have a leg to stand on.

She was asleep...fire alarms supplied by the HA did not work...she got out because HER carbon monoxide alarm woke her...electrical equipment installed and serviced in the house by the HA was found to be the cause of the fire which resulted in her property being lost.

You say she has no recourse to claim for her losses against the HA????

I don't think so.

[Richlist]

It would be good for your daughter to receive compensation for her property lost in the fire BUT even if she does its not all plain sailing. Insurers can make the process lengthy and time consuming because they need to ensure checks and balances are in place.

* She will probably have to provide some sort of proof of ownership or proof of purchase.

* Anything salvagable will have a value and may be taken into account.

* She will not necessarily receive replacement value. For example, a 5 year old TV may be valued at under £50....that may be what she will receive. A new one may cost £300.

She is still likely to be left seriously out of pocket as the compensation she receives is unlikely to be enough to allow her to replace all of her losses.

I'd suggest she starts, if she hasn't already, listing out each individual item, the price paid, its replacement cost, whether she has proof of ownership or purchase etc.

[wayne]

It would be good for your daughter to receive compensation for her property lost in the fire BUT even if she does its not all plain sailing. Insurers can make the process lengthy and time consuming because they need to ensure checks and balances are in place.

* She will probably have to provide some sort of proof of ownership or proof of purchase.

* Anything salvagable will have a value and may be taken into account.

* She will not necessarily receive replacement value. For example, a 5 year old TV may be valued at under £50....that may be what she will receive. A new one may cost £300.

She is still likely to be left seriously out of pocket as the compensation she receives is unlikely to be enough to allow her to replace all of her losses.

I'd suggest she starts, if she hasn't already, listing out each individual item, the price paid, its replacement cost, whether she has proof of ownership or purchase etc.

Thanks again Richlist for your input.....yes I agree with what you say about costs and we have put together a list of her losses and replacement values.

We are only talking £4000 max....no tv's or computers just one bed two mattresses bedding clothes curtains blinds etc etc.

I have already made an appointment to see the Solicitor for advice and have written to my MP about fire regulations or the lack of!

I'll keep the forum posted over the next few weeks.

Thanks again

[wayne]

I am not a lawyer so suggest you check with Citizen's Advice/similar.

However, I would say that anything that belongs to your daughter is your daughter's responsibility to insure.

I've seen your thread in the other section saying that she couldn't afford it/insurers wouldn't provide cover. £60/month £10K cover sounds like a lot to me - as an owner-occupier, I pay less than that for house and contents. When I moved in, one of the downstairs window hinges was actually broken and the entire frame could have been lifted out, no muss, no fuss, within about 5 seconds. I still got insurance - from the mortgage company who had inspected/valued the house, so they must have known about it.

Whatever, I'm not "buying" the 'she couldn't afford insurance' as a reason for having replacement personal belongings paid for by the LL. If the scenario was identical in every way except that she was an owner-occupier, then she'd have to replace them herself, so why should she not be liable as a tenant?