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Original poster

MY FAULT OR LANDLORDS DESPERATE PLEASE HELP

46 replies

pinkbunny2012 · 04/01/2014 23:12

Hi
I have been renting with my landlord for just over a year. Tonight I went to have a bath, pulled my shower screen back, (only gently) and its come off in my hands, smashed a mirror opposite and caused a biggish chip in the sink. It also cut my arm. If my dd had of been in the bath, it would have killed her, or seriously scarred her for life. Now I am panicking if I have to pay for the repairs? who do u think is liable? The shower screen was obiovusly faulty but I have never had any issues with it before. Please help am feeling sick with worry.

OP posts:
Juno77 · 04/01/2014 23:17

It wasn't faulty if it's been fine for at least a year. It may have worn out though.

The liability will depend. Your LL will likely suggest you pulled it too hard and broke it. You'll be very hard pressed to suggest otherwise.

LadyGardenersQuestionTime · 04/01/2014 23:19

Do you have any contents insurance? Give them a ring for advice?

Original poster
pinkbunny2012 · 04/01/2014 23:19

It has been fine for the last year, had no problems, definitely didn't pull it to hard, but worried proving it will be a problem, it looks to me like the joint at the bottom that held it together has worn away and took a pic of it, so so stressed out, have a new baby on the way and trying to save every penny, feel angry that it broke to, as I said if dd had of been in there would have killed her, as it shattered into about 1000 pieces.

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Original poster
pinkbunny2012 · 04/01/2014 23:20

No contents insurance, have been meaning to take it out but haven't got round to it, I don't know if it would cover it anyway, as its not my possessions, but that of the landlords, plus the fitting costs of everything

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Juno77 · 04/01/2014 23:24

If there is obvious wear you'll be fine, it should be an obvious case.

If not, then sadly you'll be liable. If you are short of money, you can ask the LL to take any costs out of your deposit rather than you physically pay. This depends on the repair costs however.

Original poster
pinkbunny2012 · 04/01/2014 23:30

It seems to me like its obvious wear at bottom, almost as if the water has rotted away part of the fixture. My landlord isn't very reasonable and my house has a serious damp problem and when I paid to have someone come out to see what the problem was, they said it was structural and nothing of my doing. My dd has asthama and cant sleep in her room as its so bad ( a damp specialist come out and took a reading to see how much moisture was in the air and it was 95% the worst he has seen in 12 years) and it took him the best part of a year to attempt to fix the problem- its still not solved. So don't think hes going to be reasonable about it. I always pay my rent on time, never a day late and the house is kept immaculate, iv been told I have ocd theres literally nothing out of place. Just panicking as the damage is probably £500-600, and cant afford to pay it.

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callamia · 04/01/2014 23:33

This happened to me - ours just came out of the wall one day. It was clear that the tile had broken a little and the plug and screw no longer fit. Our landlady just gave us a shower curtain and pole to replace it (better than the screen I think - the screen was a nuisance).

I think it sounds like normal wear and tear, and hopefully your landlord wil be reasonable. Don't panic - just tell them what happened and take photos etc. it may be that they can claim on their insurance if necessary.

Also, do get yourself contents insurance - it can be fairly cheap and it's worth it for the sake of your own things.

Juno77 · 04/01/2014 23:33

Sorry to be the bearer of bad news.. But if the erosion has been caused by water, it is your responsibility for not keeping the area clean and dry. Shower screens should last a long time, but only if kept clean and dried after use.

Juno77 · 04/01/2014 23:34

Oh yes - but don't panic and ask the LL to claim on insurance. You can always offer to pay the excess?

And please - get HC insurance! It's only about £10 a month.

BrianTheMole · 04/01/2014 23:34

Sounds like wear and tear. The LL needs to replace.

Original poster
pinkbunny2012 · 04/01/2014 23:37

It literally just came off the wall, I don't mind what its replaced with, im hoping it will come under wear and tear, wouldn't be so bad if it hadn't smashed the mirror and chipped the sink too. I have taken photos of it, and going to get contents insurance sorted tonight just for future peace of mind. And the area is kept as clean and dry as it can be. Its a shower which is used on a daily basis, so obviously gets wet on a daily basis, and there was a leak running next to it too, which I reported and wasn't fixed for a few months, but the landlord fixed it about a month ago, so I don't know if that caused it to erode.

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FrankAndFurt · 04/01/2014 23:38

Can you post a photo?

Original poster
pinkbunny2012 · 04/01/2014 23:39

Im happy to pay something towards it, im not asking him to pay for everything, I would be happy to pay for the excess, but hes a bit scary and dreading contacting him tomorrow. and need household insurance, just been putting it off but seriously going to sort it tonight thanks for all your replies x

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Original poster
pinkbunny2012 · 04/01/2014 23:40

I would post a photo if I knew how to lol x

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pippop1 · 04/01/2014 23:41

I think this would come under the landlord's building insurance as accidental damage.

You are not even able to insure for this as you cannot insure something you don't own. The landlord should sort this out for you.

LRDtheFeministDragon · 04/01/2014 23:42

I don't know the legal situation, but just to reassure you - I have had various similar things (shower fixing coming out of the wall, cooker hood falling off the wall, etc.) and I've never yet had a LL who thought I should pay. They all just said it was part of upkeep.

So I would say don't panic too much yet, because they may very well be quite good about it.

Juno77 · 04/01/2014 23:43

Agree it may come under buildings insurance. Possibly. Or more likely landlords insurance.

However - you do know you need to dry your shower every time you use it, yes?

Original poster
pinkbunny2012 · 04/01/2014 23:44

Thanks for your replies, I feel a little bit calmer about it all, just hope that he is reasonable, though I doubt it, and if he says im liable I don't know what I can actually do about it as he has my deposit, will just have to keep my fingers crossed x

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Juno77 · 04/01/2014 23:46

Actually, he doesn't have your deposit, it'll be with a deposit protection scheme.

Or at least it should be, by law.

Original poster
pinkbunny2012 · 04/01/2014 23:46

Yes I clean and dry my shower every morning, even the landlord when he come around to fix the leak in the shower said the house was kept immaculate, so hoping this might helpx

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pippop1 · 04/01/2014 23:49

I'm sure it will. Things just wear out!

Notawordfromtheladybird · 04/01/2014 23:50

I really can't see how this could be something that's your fault.

I would just ring LL and have him get it replaced (whatever way he chooses)

Don't get into a debate about fault and don't agree it's yours.

He will have to prove it was your fault if he tries to take it out of your deposit at end of tenancy and frankly I can't see how (unless it was brand new screen). He also can't charge you full price for a new one unless you broke a new one (he can only deduct "like-for-like" when it comes to damages so he can't charge you full price of a new item he's replacing if you break a used item; that's seen as improvement and he's not legally allowed to do it). Google it for further info.

Original poster
pinkbunny2012 · 04/01/2014 23:54

I don't care if he doesn't replace the mirror or the sink or the shower screen to be honest, I just don't want to be billed. I am not going to say its my fault am just going to say im not willing to pay for it as I didn't misuse the screen in any way. It wasn't a brand new screen. Its been here since iv lived here (14 months) and I don't think it was brand new either. Thanks for your help :) wouldn't be to bad if the screen had of just broke, its because it broke the mirror and sink too!

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FourAndDone · 04/01/2014 23:56

This happened to us. Landlord was more concerned about what could have happened to the children, had they been there.
As pp said ours was easily replaced with a rail and shower curtain, which I feel much safer with!Smile

Original poster
pinkbunny2012 · 05/01/2014 00:01

Don't think my landlord is all that concerned about my dd, as I said she hasn't been able to sleep in her room for the last 6 months and shes disabled and im pregnant and we have to share a bed in my room, never paid my rent a day late, but hopefully he might be reasonable u never know x

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