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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To sue the arse off my landlord

167 replies

FlickeryWicket · 09/01/2017 20:13

TWO years we've been asking him to replace the loose stair carpet. All requests logged through the agents. He came round and ummed and ahhed. Hit it back on the carpet rail with a hammer despite me telling him we do that everyday and it just comes back off again. Logged at all inspections.

I've tried fixing it numerous times. It's so frayed around the edge it won't attach. I've tried with carpet glue, it still won't stay out for more than a few days.

The carpet is at the top of the stairs, if you aren't careful and step on the edge of the top stair the whole carpet comes with you.

DD stepped on the edge yesterday and went flying down the stairs (along with the fucking carpet). Possible fractured coccyx (they weren't sure) in so much pain, will miss her netball tournament and a dance competition. Hurts when she goes to the loo for a poo, sits down for too long, can't walk to the bus for school.

I am bloody furious and feel like suing the tight bastard. I don't bloody care if he evicts us!

OP posts:
ImperialBlether · 09/01/2017 20:17

That's really terrible. thank goodness you have evidence you'd complained about this. There are plenty of lawyers on MN - I hope you can get good advice.

michealsmum1998 · 09/01/2017 20:20

If your contract is after October 2016 (I Think) contact environmental health and they can make the landlord do the work If your contract is before that you risk being evicted.

Original poster
FlickeryWicket · 09/01/2017 20:21

I've been here for years. Carpet was old when I moved in. Must be at least 15 years old. And not decent expensive carpet that lasts 15 years.

Tenancy is renewed each year

OP posts:
TitaniasCloset · 09/01/2017 20:22

Ooh!!! That must have hurt! Poor wee thing.

If landlord didn't want to buy new carpet could have just pulled it up and painted the bloody stairs in the meantime. Yes you should get some compensation. Dunno about legal stuff though.

Patriciathestripper1 · 09/01/2017 20:23

Contact solicitor and sue

PurpleMinionMummy · 09/01/2017 20:23

Oh your poor dd. I'd be livid too!

Cheby · 09/01/2017 20:25

YADNBU. Some landlords really do represent the arse end of humanity. He knowingly left your family at risk until one of you has been seriously injured, in the pursuit of greater profit. What an absolute cockwomble.

I hope your DD gets well soon and makes a full recovery.

TheCatsMother99 · 09/01/2017 20:27

Fuck. I'm usually not one for suing but I'll make an exception in this case, your poor DD.

This is bad enough, imagine how much worse it could have been though.

Cheby · 09/01/2017 20:27

Have you told your landlord yet? Before you do i would go and see the agents and get a record of all your contacts with them about it. Just in case.

Creampastry · 09/01/2017 20:27

Take photos of the area - carpet, condition etc.

Original poster
FlickeryWicket · 09/01/2017 20:34

It's all online!

Agents have a property management thing where you can report problems, check rent dates, all receipts etc are there. They've tried to get him to fix it. This is purely on him.

OP posts:
IcanMooCanYou · 09/01/2017 20:34

I absolutely agree 100% the landlord should have done this, and although I hate the American culture of suing, he bloody deserves anything he gets.

However (and I'm not sure this will be a popular thought) I can't help feeling slightly uncomfortable about the fact that you could have/pretty much did predict that it would happen. Had it been me, i would have had it fixed myself (and felt absolutely pissed off about having to do it). Even when I've had no money whatsoever, I'd have found a way to get it done because of the possible/likely consequences of not getting it fixed.

Even though the landlord's lack of actions have caused this- so have yours really.

GlitteryFluff · 09/01/2017 20:37

Ouch
Hope your dd recovers quickly

Original poster
FlickeryWicket · 09/01/2017 20:38

This is the carpet at full stretch. Doesn't even meet the rail. I keep a hammer in my bedroom to whack it back down every few days. As soon as you step on the edge of the top step it all goes with you.

To sue the arse off my landlord
OP posts:
Original poster
FlickeryWicket · 09/01/2017 20:39

Fixed how? It needs replacing. I'm not going to pay to fit a whole stair carpet (and one that matches the rest of the property)) in somebody else's home.

I appreciate what you are saying but it doesn't work like that

OP posts:
RougeSeas · 09/01/2017 20:39

Carpets come under contents insurance which is the Tennants responsibility to have... Thus meaning carpets usually come under the responsibility of the Tennants.

I chipped my coccyx when i was younger and still have issues now, your poor dd.

Your landlord has a responsibility for maintaining the home to ensure it is fit for purpose

Sorry to be harsh but yabu.. Very much so. Why would you leave something in place that has such a risk to someone hurting themselves so badly??

HeartsTrumpDiamonds · 09/01/2017 20:40

Are you allowed to fix it (or get it fixed) yourself and then withhold the cost of the repairs from your rent?

Feel sorry for your DD. How old is she?

SociallyAcceptableCookie · 09/01/2017 20:41

OP this is the landlord's fault. When I rented, I would not have replaced the carpet. If I were you I may have tried to move out by now but it depends on how easy it is to get another place in your area and anyway then this could have happened to the next tenants. I hope you get good advice on what to do next but this is not your fault.

daisygirlmac · 09/01/2017 20:41

Rougeseas bad advice, no they don't.

Quintessing · 09/01/2017 20:42

Poor your little girl. Like you said, an accident waiting to happen, and that could easily have been avoided.

I understand it is the landlords responsibility, but it is your home, and I dont understand why you did not sort it yourself one way or the other?
You've had options! Either a runner you fit down yourself with loop and hook style curtain strings, or a fitted carpet, or just a bare painted staircase?

I am always gobsmacked at how little some people bother doing in their homes, if they rent rather than own.

SociallyAcceptableCookie · 09/01/2017 20:42

What does this have to do with contents insurance?

happynewyearchum · 09/01/2017 20:42

Ouch!

AlannaOfTrebond · 09/01/2017 20:43

Carpets are not the responsibility of tenants! I say that and I"m an landlord.

RougeSeas · 09/01/2017 20:43

Yes they do daisy my dad is an insurance surveyor... Very high up.

I wasn't giving advice..anyway..

Pointing out that you can't put people at risk and then accept no responsibility.

daisygirlmac · 09/01/2017 20:44

OP next steps: contact the housing department at the council and they will come and make a health and safety assessment then start the process for enforcing a repair. They will advise you whether or not to withhold rent (do not withhold until expressly advised in writing to do so). You may be able to pursue a personal injury claim for DD but I'm not sure, you would need to speak to a solicitor and I imagine you would need to be able to prove your LL had been negligent so the council is the best place to start

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