To ask if my landlord is being unreasonable?

[waveyc]

We live in a private rented property. Last night I was upstairs in the bedroom when I heard the loudest crash and bang. Obviously went to investigate absolutely petrified thinking somebody had bricked our window, to find our glass shower screen had exploded. Glass covering every single surface in the bathroom and it had travelled outside all over the landing carpet. Thankfully our 3 year old DS was nowhere near at the time.

Me and DH spent the best part of an hour cleaning up as best as we could. I was shaken up just because I was so shocked and the noise was so, so loud.

Anyway, I reported it to my letting agent who has told us that the landlord will not be paying for the cost of a replacement and has blamed us for the damage.

For context, just over 12 months ago our oven door also shattered which he did replace. Another freak incident which we just couldn't explain. We have not damaged the shower screen in any way and now we are being told it is our fault and he is suspicious because of the oven door incident. He's said we either pay now or he deducts the money from our deposit at the end of the tenancy agreement

I have no idea if we are being completely unreasonable in saying we do not want to pay for the replacement as it wasn't our fault.

AIBU?

The burden of proof that this is willful damage rather than product failure is on the landlord, not you.

you can speak to Shelter over the phone for advice, you could also consider joining a tenants union to support you too

@anaconda1831 I'm just wondering how I should respond to the letting agent. Her email was this:

"The landlord has made it clear that he will not be taking responsibility for this, so please be advised we will not be sending a contractor. It will need to be rectified by yourselves either now or before you vacate the property when you come to end your tenancy. He has asked us to remind you that he did bear the cost of the replacement oven this time last year when a similar thing occurred.

Shower screens are made from 8mm-10mm tempered glass. The way tempered glass breaks is a major advantage in regard to safety. Rather than large, heavy shards of glass that could easily cause serious injury, tempered glass breaks into very small pieces; therefore it does not pose any health and safety risks.

I appreciate that you may wish to seek further advise and you are entitled to do so, however we have to take instructions from the landlord."

Can you post us some photos of the room?

Is there really no other problem with the room, no reason why it might have fallen off?

I would reply saying, we are seeking advice and refute any responsibility for this incident. I’d remind them that the landlord had a responsibility to maintain the property as per the tenancy agreement and that continued failure to do so is depriving you of your ability to take a shower. Sorry I need to log off soon but if you chat to shelter or a tenants union they can give you more wording - good luck!

www.moneysupermarket.com/landlord-insurance/contents/

I just wanted to say you have my sympathies! I've had both of these explode on me and it's such a big bang and a fright. My shower shattered while I was in it and I ended up with cut feet from climbing out of the bath. Glad you're all OK and it's absolutely landlord responsibility

@JimDixon Honestly nothing.. if there was any previous issues, I would have reported this also to the letting agent prior. But visibly there is nothing I can see which would have caused this to happen. Which makes it even more difficult to make sense of it and to defend that we haven't done this

This happened in a rental we own and I’m glad we were staying there when it did, otherwise I would never have believed it could happen. As others have said, it’s quite common. Your landlord should replace it for a better quality surround.

Personally I would leave it for now as it sounds as if your landlord is a bit of an arse.

You don't want to end up with a section 21.

I would replace it with a shower curtain for now and fight it through the deposit scheme at the end of your tenancy. Keep photos etc.

@Citylady88 I was so shaken up. I panicked and thought a brick had been thrown through my window never seen anything like it!

We had the very same thing happen a year or so ago, OP. It's a well known thing.

I was upstairs when ours happened, and it was LOUD. I ran up to the bedroom not knowing what the eff had happened.

Our insurance paid for the whole shower enclosure to be replaced.

We have this one myurbanjungle.com/hello/contents-tenants/?utm_source=google&utm_medium=cpc-generic&utm_campaign=tenants-ppc&gclid=Cj0KCQiAlKmeBhCkARIsAHy7WVsi0KTI9aFPWRa_zruJaoyImfazgijaXOCPXEOlkNhDPimfrOkAjgYaAtEjEALw_wcB

@HolibobsinApril Yeah, I'm worried if we fight this it could turn ugly and we will end up being kicked out. I can afford to put a shower curtain up, but it doesn't stop him from charging us for a replacement when we get to the end of our agreement

Not for now but when you leave it they try and take it from your deposit you can dispute it with the deposit scheme. Make sure you keep all the photo evidence and copies of any written communication. I’d suggest emailing the agency rather then calling them when going back to them.

@FawnFrenchieMum thanks for the advice, will definitely do that

He would never win that against the DPS (or TDS/My Deposits) so I wouldn't worry about it, honestly.

When it comes to the end of your tenancy. He will ask for payment for the screen. You need to say you disagree and then put your case to the deposit dispute. Include print outs showing that it is a thing and photos of the broken glass.

The fact that the oven glass was replaced is irrelevant and simply bad luck.

Hi OP he can’t charge you - your deposit is in a protected scheme (or it legally should be!)

he’d have to prove to the deposit scheme that you broke it. The fact that you’ve reported it as spontaneously shattering is evidence in your favour (I’d save and screenshot this thread too)

glass can spontaneously shatter. It’s not up to you to cover that cost.

Our shower screen did the same . Well ventilated room. Repair man said it happens but not often. It was just 'one of those things'

Tempered glass does break into supposedly non sharp pieces but we found little shards embedded into bath mat, so be careful.

Not sure how to go forward but send an email with evidence of spontaneous glass shattering articles. If he will not repair, use a curtain (few quid). At the end of the tenancy, challenge the deduction with photo evidence and email correspondence.

Some landlords are just shit about not wanting to pay (I am a landlord and I would pay up)

So at the moment am I best not responding to the letting agent and just putting up a shower curtain?

I've also got video evidence which I would hope would help. To me it is obvious that it has spontaneously shattered rather than damaged on purpose

This happened to me last summer. The landlord paid for a replacement and fitted it. Weirdest thing ever! Just exploded for no apparent reason.

@AuntieEntity It really was so weird. Still can't get my head around it but just super thankful none of us were in the room when it happened. Although it does break into tiny pieces I think it really could have done some harm

That's what I would do. Keep all correspondence though.

This happened to us with the outside panel of our double glazed window last year or the year before. We were just sat watching tv and heard this loud cracking noise and noticed the window was cracked! Luckily didn’t explode glass everywhere. Apparently it can happen if there is a lot of temperature difference or condensation.