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Tenants girlfriend threatening to sue

16 replies

chillie · 27/01/2019 10:57

We had the back balcony terrace done with fibreglass roofing on Friday. I asked the contractor to inform my tenant for access. He said he did not need access and would go over the wall. He called me on Friday am and asked if he could use the outside gate and I said yes. He called again at 5.30pm to say he had finished.

My tenants called at 9pm to say he and his girlfriend were in hospital as the fumes from the balcony had caused them to become dizzy and his girlfriends face had also gone numb on one side. They were discharged feeling normal at 11pm. The contractors had actually been let into the room by another tenant to run a power lead. The room smelt really bad. I offered for the tenant to spend the night in my spare room and he has for the last two nights.

His girlfriend is now threatening to sue the contractors for not giving them warning or putting any signs up. Where do I stand? Thanks in advance if you have any advice for me.

OP posts:
Bombardier25966 · 27/01/2019 11:08

As the contractor is working on your behalf she'd be suing you.

On the information given there was negligence, but it's not clear if any injury was suffered. If no injury or loss, there would be little point in suing.

Did they have possessions in the room that now need cleaning? If so I'd be offering to help with any costs incurred as a result of this. I'd also be offering to cover the costs of them getting to hospital (taxi or petrol and parking).

Bombardier25966 · 27/01/2019 11:10

You may then ask the contractor to cover your costs as a result of their breach.

(In reality, I'm guessing they'll let it drop if you offer them a week's free rent for the upset and inconvenience caused.)

chillie · 27/01/2019 11:30

No injury now as such and I have paid all my tenants costs. His girlfriend is not my tenant though and I have no contract with her. Also the balcony is outside and I did not let them into the room, it was another tenant. If the balcony had been belonging to our neighbours the smell would have been the same, would she still have a case against the neighbour. My husband also says that when roads are re tarmacked that there is a smell and you can do nothing about that.

OP posts:
IWannaSeeHowItEnds · 27/01/2019 11:35

Get legal advice. It's the only way to know for sure what your position is.

Redtartanshoes · 27/01/2019 11:41

You’re right in that you have no contract with the girlfriend.

There should also be (I think) a piece of paper from the hospital... pink or yellow that gives details of any problems relating to the supposed inhalation. Normally gives saturation levels and such like... more commonly used in possible monoxide poisoning cases. Ask to see that.

Also ask builder for COSHH info on products used. Or even a name as most is available on line. Search for SDS... it will give info re safety precautions, ventilation recommended etc and possible side effects of inhalation

SouthWestmom · 27/01/2019 11:53

Did you tell your tenant it was being done?

Urwotu8t · 27/01/2019 11:57

If she doesn't have a contract with you can she sue as a tort, because you didn't show due care?

Jon65 · 28/01/2019 00:59

Write to the tenant and his girlfriend asking for a copy of the hospital report. When you have done that, i suspect it will all go away.

MissedTheBoatAgain · 28/01/2019 01:35

To OP

Suggest you inform the builder of this threat. Hopefully you used a company that has it's own insurance cover?

BlackCatSleeping · 28/01/2019 03:48

I would just ignore it for now and wait and see what happens. Most likely you won’t hear anything about it again, but if she does actually sue, seek legal advice. Extremely unlikely she will though.

chillie · 28/01/2019 07:18

Thank you everybody, turns out that it's not me she wants to sue but the roofer instead. I have informed him!

OP posts:
Maryjoyce · 28/01/2019 07:24

If she’s not the tenant she can’t sue him but let her get on with it

Jon65 · 28/01/2019 13:24

Maryjoyce yes she can, it's basic donaghue and stevenson.

ILoveMaxiBondi · 28/01/2019 13:30

Did one of your tenants let a contractor into another tenant’s room without permission? Why does one tenant have a key for another tenant’s room?

johnd2 · 02/02/2019 22:42

To be fair that fibre glass roofing stuff does absolutely stink, even the tiniest whiff. We had the top roof done with it about 8m off the ground and somehow the whole house smelt of the resin.
However this is apparently not harmful in the slightest it's just very smelly.
Not that it helps in terms of the OP, but at least the actual injury is probably not a real one. It might be reasonable to provide some other accommodation for the day though!

greendale17 · 03/02/2019 08:35

Write to the tenant and his girlfriend asking for a copy of the hospital report. When you have done that, i suspect it will all go away.

^i agree

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