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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To move house asap and consider suing estate agent/landlord?

80 replies

OhWhatAPalaver · 19/09/2018 10:47

We rent a house, have lived here around two and a half years. In January of this year we had a new kitchen fitted, which was badly needed. We thought everything was fine until we noticed a strange smell. Initially thought something had died underneath the cupboard or something but we had a gas safety check and they found a pretty bad gas leak, which is apparently now fixed. However, I happened to also buy a new kettle a fews days after the gas leak had been fixed. When I unplugged the old one (which wasn't actually very old at all, it was just crap) I was shocked find one of the holes in the plug socket all burned and blackened and there was black stuff all over the prong of the kettle plug as well. Now alarm bells are ringing. We had a gas leak and an electrical fault literally right next to each other. The kitchen could have exploded, we could have died or been seriously injured. We arranged for the landlord /letting agent to get someone in to check the plugs. They did and said all were fine and it was 'cosmetic damage.' I didn't believe them for one minute so we asked our neighbour who is an electrician and he said it absolutely would not have passed the safety check as it will be a loose connection. Not only have the people who fitted the kitchen done a seriously unsafe job but the electrician who came to check a burned plug said it was fine. I'm fuming.
Where do we go from here? We've not told the letting agent yet. Needless to say I am absolutely furious with them for putting my family in serious danger. My partner wants to sue. I just want to get the hell out. Thankfully our contract is open ended so we can just move whenever but I'm not entirely sure how to proceed other than get toon rightmove straight away!

OP posts:
SpottingTheZebras · 19/09/2018 10:51

Surely your issue is with the kitchen installers and the electrician who said everything was fine?

PassMeTheHaribosAmego · 19/09/2018 10:56

I don't think that's right spotting . the LL/letting agency arranged it so the contract is with them I think
Contact them both today OhWhatAPalaver
is there somewhere you can stay until its resolved ?

SpottingTheZebras · 19/09/2018 10:59

So if you hired a car and a garage did a botched MOT, so the car was dangerous to drive, would you think the hire company responsible or the garage?

Malbecfan · 19/09/2018 10:59

When was your last gas safety check carried out? They are meant to be done annually. I believe you can get onto the HSE if your landlord has been remiss.

PassMeTheHaribosAmego · 19/09/2018 11:13

spotting its up to the LL/Letting agency to sort it out with the contractors

Original poster
OhWhatAPalaver · 19/09/2018 11:21

Sadly we don't have anywhere to stay locally and have to keep dd1 in school and dd2 with childminder so we need to just move asap really. I agree it's the kitchen fitters who caused the initial issue but they landlord hired them and they were an inappropriate company to use for a kitchen as the specialised in bathrooms Confused

OP posts:
SpottingTheZebras · 19/09/2018 11:23

@PassMeTheHaribosAmego but if you are looking to take legal action for damages regarding a gas leak and electrical fault, then it is against the contractors.

QforCucumber · 19/09/2018 11:27

If you hired a car with a botched MOT you wouldn't even know who had carried it out, as the consumer your contract is with the hire company and it's up to them to take it up with the garage. Same here, you take it up with the landlord - they contact the contractors and deal with it.

Original poster
OhWhatAPalaver · 19/09/2018 11:34

I think he basically got them on the cheap, hence shitty job.

OP posts:
araiwa · 19/09/2018 11:35

Sue for what?

SpottingTheZebras · 19/09/2018 11:35

@QforCucumber sorry; I meant leased. So you are responsible for maintaining.

herethereandeverywhere · 19/09/2018 11:35

@Spotting the clue is in the name 'contractors'. Their contract to provide services (electrician and gas fitting) will be with the LL or their agent, not with OP.

OP's only contract will be with the LL so her recourse will be against LL (with contact made via agent).

FruitofAutumn · 19/09/2018 11:36

what damages have you got to claim for though? I can't see what money you have lost apart from (possibly ) a kettle.

herethereandeverywhere · 19/09/2018 11:37

Sue for breach of lease as the landlord is obliged to provide legally safe conditions within the property.

actualpuffins · 19/09/2018 11:37

Firstly you need to establish who was at fault, either the kitchen company in making your property unsafe, or the landlord in not carrying out adequate safety checks in the first place. There could also be criminal sanctions. Firstly get an independent expert to make an assessment and write a report. Then decide what you want to get out of pursuing the companies/individuals and crucially, whether it is financially worthwhile in terms of what they are worth to sue them.

If you did move out of the house, you may be able to recover the costs of the move plus further compensation, for example. You also need to report whoever was at fault to trading standards.

actualpuffins · 19/09/2018 11:38

The first step should be to get yourself a solicitor, mind. Maybe also move this thread to a different board before all the cod lawyers turn up.

specialsubject · 19/09/2018 11:47

read your how to rent guide (you were given one, right?) on how to enforce repairs. That usually means getting the council involved. While electrical safety certs are not mandatory, landlords do have to provide a safe installation and that's your ammo.

was there a gas safe cert when you moved in? Was it kept current at all times? Have you been given a copy?

honeybeetheoneandonly · 19/09/2018 12:05

It's not solving all your issues but are you sure it wasn't just the kettle?
We bought a new appliance and all I could smell was plastic. I thought it might just be due to the appliance being new. It took me far too long to realise it was burning/melting the plug and socket.
It was definitely the appliances causing it.

Thundercracker · 19/09/2018 12:22

Find somewhere else to live if you feel unsafe. You have at present no actual loss except the kettle (and you can expect them to say the kettle is the problem). If you feel you have no alternative but to move out immediately then you could have a claim for rent if the house is in safe, but you would need to show that. The gas leak has been fixed (demand a safety check if necessary) so that is now irrelevant. Suing costs a fortune in time and stress, never mind legal costs, and the risk of losing and getting stung for the LL's costs.

Move out, move on.

TheHauntedFishtank · 19/09/2018 12:27

The council should have a private housing team who may be able to help - details will be on their website. I am aware of cases where prohibition orders (basically stopping anyone living in a property) have been served due to unsafe electrics.

Alexalee · 19/09/2018 12:45

Sue who and for what?

Bearbehind · 19/09/2018 12:48

Massive overaction OP.

What's to say a new property would be any better?

You need to speak to your landlord (via the letting agent) and explain the problems.

Anyone who employs contractors is at their mercy - the landlord might not even know about these problems.

wowfudge · 19/09/2018 12:52

You haven't suffered a loss you can sue for. The kettle wouldn't have exploded, it would just have cut out.

While I appreciate this is a worrying set of circumstances, you weren't hurt, all the safety measures worked: you smelled the gas, the plug socket shorted out or whatever happened there.

NewName54321 · 19/09/2018 12:53

Your contract with the LL is that they will provide you with safe accommodation in return for you paying the rent and not causing any damage. So you could sue them for your losses - a kettle. You can't sue for what might have happened as it didn’t happen.

The LL's contract is with the kitchen installers. S/he could sue them for his/ her losses - repairs to the kitchen, redecoration, loss of rental income, safety inspection costs, insurance excess...

If the kettle was faulty, s/he could sue you instead, or hold onto your deposit to cover this.

I'd just buy a new kettle - and move on if I didn't trust the LL.

Twotailed · 19/09/2018 12:56

You would get very little if you sued as you would have to prove loss - presumably that would only be moving costs. And even then you might struggle as the LL could say you didn’t need to move, you could have asked for repairs instead. So you would have to think carefully about whether it was worth it.

That said I absolutely don’t blame you for wanting to move! Really feel for you, it’s a shitty situation.