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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Hi, im a tenant and my boy accidently dropped a toy in the

Customer Question

Hi, im a tenant and my boy accidently dropped a toy in the bath and it put a hole in it, its only a small hole but our landlord is telling us we have to pay the full amount for a new bath, he hasn't even looked into repairing it, he just wants a new bath, we don't mind paying for repairs but i don't see why we should have to pay for a brand new bath because he wants one. the bath that is in now is over 5 years old so you could say it had been weakened by wear and tear before this happened but he is just not willing to repair it, he says he has spoken to his solicitor and we are worried now that we are going to get a huge bill, we admit that it was our fault but i think its unreasonable that we have to pay for a brand new bath even though it can be repaired. can you please help in any way thanks.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
What type of contract is it?
Customer: replied 4 years ago.

FOR JOMO1972. the hole is only very small and when you have a shower it only drips slowly but my LL is saying he is not willing to get it repaired and wants £150 for a new bath which i think is very expensive for a bath, he hasn't even looked into getting it repaired,like i said i don't mind paying i just think its very unreasonable to ask us to buy a brand new bath when it can be repaired for half the cost.

Expert:  Jo C. replied 4 years ago.
Do you know that it can be repaired? Is that possible?

if so, how do you know that?
Customer: replied 4 years ago.

there are companies that specialize in it and you can also get what you call a fiber glass kit that seals underneath the bath,then you can get a bath kit that you put on inside the bath and once its done you can't even tell its been damaged, and you can get these for about £20 each and you would just hae to get maybe a plumber to do it.


 

Expert:  Jo C. replied 4 years ago.
Obviously you are liable for a repair.

He isn't entitled to enrich himself at your expense. Even if he does need a brand new bath he will not be able to claim from you the current retail price if the old one was 5 years old. There would be a percentage reduction to reflect the years of use.

If this were to go to court and you could satisfy a court that a repair would be sufficient to place the landlord in the position that he was before then a court would support your contention that a repair is all thats needed.

Hope this helps.
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Customer: replied 4 years ago.

FORJOMO1972 The bath was not new at the start of the tenancy so it shouldn't be at the end, that would make him materially better off than he was at the start. Does the bath have to be a certain age? We have lived here for 3 years now and as I said it wasn't new when we moved in. He is being totally unreasonable, we have offered to pay towards the cost of the bath if he insists on a new one, when I said to him it can be repaired he said thats not satisfactory to me I need to think of the future, we should not have to pay for his future. We have also offered to pay for all materials needed to fix the bath but still he wont listen. We are not denying its our fault but we shouldnt have to pay the full cost of replacement when the bath is not beyond the state of repair. Could I have a bit more information on this please?

Expert:  Jo C. replied 4 years ago.
I think I covers that above really. I'm not sure what you wanted to know?
Customer: replied 4 years ago.

FOR JOMO1972 you stated if the bath is 5 years old does that mean anything.?? I need as much info as possible. I want to do this right. I will be showing this to my landlord so every point needs covering, properly. I am paying for this so I am entitled to ask if there is any more information you can provide to help me.

Expert:  Jo C. replied 4 years ago.
Even if he does need a brand new bath he will not be able to claim from you the current retail price if the old one was 5 years old. There would be a percentage reduction to reflect the years of use.

I'm not sure what else I can add.

He cannot enrich himself by claiming a new bath if the old one was five years old.