Definitely by accident as I took something out the oven and out it down and it burned. The builder said if it had been fo quality then this would not even have happened as it is meant to be heat resistant. I am getting a quite tomorrow. I do not know if the landlord is insured but I presume they would be.
I am not sure exactly when it was installed but the worktops have not been made for a good 5 years
That is really helpful thank you, can I say that i have taken legal advice from yourself. Is there any way that I can contact you tmrw once i have spoken to the landlady and the builder at teh same time
Is this based upon tenancy law, as in when i see the landlady tomorrow can I quote it from tenancy law ?
Yes you can say you have taken legal advice. If you wish further communication just put it for my attention - Alex W. Make sure it is Alex W as there are 2 of us - very confusing!
This is based on the law of tort and in particular negligence.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
I have since spoken to my landlady and she would like me to pay fro both sides of the kitchen. I have only damaged one but the point is that the surface is now discontinued and she wants both too match. She does not have insurance. She has a buildings insurance which seems only to cover the bricks and mortar not the actual insides. From your advice I do not think i am liable for the undamaged side as it is not my fault it is discontinued. Plus i am not even sure that I am liable for the whole of the side that is slightly damaged.
How do I start proceedings now do I need to hire a solicitor or go to tenancy deposit arbitration etc? Please can you advise? Thanks
You do not need to hire a Solicitor this would be a small claim.
You simply contact the tenancy protection service.
Does that help?
ok thank you.
I am worried that once I move out, she will get the work done for all that she wants and then send me an invoice which will include work I do not think I am liable for ie the non damaged work surface being replaced to match the refitted damaged one. Is there any way I can stop her from doing this?
She can try but she would have to prove it went beyond fair wear and tear and that you are liable for the whole amount
You can not stop her TRYING to claim but whether or not she is successful is another matter all together
In my view a Judge would take the same view as me
Does this clarify?
i think maybe it is beyond fair wear and tear, but that the surface should be able to withstand the heat and that i am not liable in any way for the non damaged side. I cannot see how it would be my fault that it is now discontinued. I think it clarifies a bit. I move out, she will do whatever she wants to the property, simultaneously my dispute claim will be in with tenancy protection service. Then a decision will be made and i will pay whatever is deemed liable. She cannot make me pay anything nor use my deposit until the dispute is resolved.
is that correct?
Yes I would agree it should be able to stand hot items.
You are right she can not make you pay anything until resolved.
But I would pay her what you think is fair for the damage now, that way you are seen to be reasonable.
Is that ok?
How do i approximate that ? To pay that would require me to get a builder in and replace the work surface which he cannot do because there is no work top that matches the one that is there already and she in holiday
If you can get someone in to estimate the cost of that part it would help.
I could get a quote from a builder on the assumption i would be just replacing a work surface but thsi would be based on teh assumption it is just a replacement , not knowing the same style cannot be replaced.
And then you think i should pay her that quote?
Well probably half of that because you do not know how long she had it or the life of it.
mm ok and then i use that as leverage to say i have paid 'reasonable' costs
Yes I would agree
Does that clarify?
is that not throwing money away before it is resolve dproperly
No because any award if made against you would have the amount paid deducted.
If so please do remember to leave feedback before you go today.