Problem with my landlord

[chrisobee]

I was just wondering if anyone could give me any advice/feedback on the following :

 

 

I live in private rented accommodation, my rent is due on the 1st day of each month. For a long time now I have been paying the bulk on or around the 25th of each month so it always reaches my landlord in plenty of time. I then pay the balance at the end of the month. For this month I made a payment on 24th September and had a balance of £120 to pay. However, a few days before I was going to pay it I found out I had diabetes and the payment completely slipped my mind. I received a polite email from my landlord on Monday just gone to which I replied and apologised and said I would pay him asap. As it was I drew the money out on Wednesday after being to a hospital appointment. However, I came home to find a plumber fixing my shower. I then had to go out again but upon my return the front door was open, I came up and though my room door had been almost closed it WAS NOT locked and the plumber had gone ! That was careless but I would have let it go except as soon as I entered my flat I noticed my TV had several cracks in it and is now unusable ! How that happened I have no idea. In terms of coming on Wednesday to refit the shower there seems to have been a breakdown in communication as I did say on Tuesday ( when he came with the wrong shower unit !) I would be out most of the morning and to come in the afternoon when I was going to be in. The main reason I don't want anyone entering the flat unannounced is I believe it will invalidate my insurance, certainly if I actually had a break in- or anyone else here- it would cause problems. The TV is covered for £300 for accidental damage but I'm 99% certain that I will not get paid out. I am certainly not going to say I somehow damaged it myself as several people have suggested as I am not willing to commit fraud ! Thus I have effectively lost £300.

As I see it the onus is on my landlord to resolve this and of course the £300 negates the £120 I owe him and then some.

I have no wish to antagonise my landlord as that may well just cause further problems, on the other hand I think he is being unreasonable since at the end of the day the liability for what happened must surely lie with him ?

However, he is insisting I still pay him the £120 even though I now need it myself ! Of course had I remembered to pay the situation would be somewhat different though it would not change the fact my flat was entered without my permission by someone I barely know and somehow at some point my TV was damaged. As his phone is never on I did explain all of the above in an email to which he replied :

 

Chris

Sorry to hear your problems! We have fixed the shower and done the thermostat as you had asked! I would appreciate that you pay your rent on time as the £120 is well overdue and I expect that you pay on time without fail and any excuses.

I am making an enquiry into your points about your tv being damaged and now someone's job will be on the line as this is a serious matter! The point about your door being left open, the builder has confirmed to me that he was still in the building in another flat as he was checking all the radiator valves due to yours being changed ( they were checked on Tuesday! ) . I will update you about the tv, but in the meantime I expect your £120 to be paid without fail.

Kind regards

Neville

 

I actually do not believe the plumber was even here in the building but that is really academic. He had vacated my flat so even if he was elsewhere that still doesn't explain why my door as well as the door to the building were open.

Sorry this is long winded but in essence the main points are is my landlord liable for the damage and since I believe he is am I justified in withholding the £120.

 

Thanks in advance,

 

Chris

 

 

[BigShadow]

Short answer - you have to pay the £120 asap. Withholding it will only cause more problems and in any case, it was due before this event even happened.

 

Longer answer - The landlords response seems quite reasonable at this stage. He is stating that he is making enquiries and will get back to you. Don't get into an argument about whether the plumber was or was not in the building. Keep it simple - your TV was fine when you left home, and when you returned it was damaged. Keep records of all correspondence, even times/dates of phone calls and what was said. Unfortunately, unless the plumber fronts up to the damage - the landlord is caught in the middle - and it is your word against the plumbers.

 

I had a similar situation with a landlord a few years ago - only the damaged item was an £800 laptop which I believe the workmen dropped some heavy tools on. One thing I had in my favour was that I had someone with me when I returned to the house and discovered the damage, but of course the builders denied it. Long story short - I got nowhere with the landlord until I applied to the small claims court at which point he made me an offer - not admitting liability - but because 'he didn't have time to deal with the court'. At that point my relationship with the landlord had deteriorated so badly I felt I had to move out - which was another pain in the ass.

 

Anyway, hopefully your plumber owns up but in the meantime, as much as it hurts, make the payment, then you are in the right and can pursue the landlord for the TV damage however you see fit.

[Golden Balls]

You have to pay the £120 as you are contracted to. And it wont make things any easier. Like BigShadow said, your landlord is caught in the middle. Explain to your landlord you expect the full 24 hours notice minimum if someone will be visiting your home. With the TV, it's your word against his.

[Andy_Porter]

What was the name of the plumbing firm? Have you spoke to them?

[chrisobee]

Thanks for the input. The plumber is more a "jack of all trades" employed directly by my landlord to do odd jobs. It is clear he was only able to gain access as he was allowed to have the keys. I agree I am contracted to pay the £120 but the same contractual obligations specifically state any access has to be with due notice and I was not aware someone, and not even my landlord, was going to turn up when I was out and simply let himself in !

It's also clear to me now that I cannot claim for the £300 for my TV by virtue of the fact this unauthorised access would invalidate any claim.

I am, albeit reluctantly, probably going to pay the £120 and pursue the issue re the TV thereafter.

Thanks again,

 

Chris

[Special K]

Claim for the TV on your contents insurance, surely you can give some version of the truth that will suffice.

[chrisobee]

No, "some version of the truth" is very risky and leaves one open to being charged with fraud, not worth it !

[Weston Super Saint]

No, "some version of the truth" is very risky and leaves one open to being charged with fraud, not worth it !

 

Which leaves the access issue as 'unauthorised', and should therefore be reported to the Police. This would also indicate 'vandalism' as the cause of the TV being damaged.

 

I would mention this to the landlord and see how he reacts....

[Jonnyboy]

No, "some version of the truth" is very risky and leaves one open to being charged with fraud, not worth it !

 

I heard that the risk of being investigated if you claim under a grand is tiny.

[Special K]

No, "some version of the truth" is very risky and leaves one open to being charged with fraud, not worth it !

 

Not really. Your tv was damaged by someone else, so claim for it as being accidental damage. how you report it is up to you. And as flippant as it may sound, you claiming a few hundred quid for a new gogglebox is hardly going to alert SOCA to bust your back door in, is it.

[chrisobee]

Thanks for the responses. In terms of making a claim on the insurance the overall advice I have receiced confirm to me that it's a no go. They are catching more and more people and no matter how slim the chances it is not worth it. I have sent this to my landlord, I want to see how he responds:

 

Hi Neville,

Thank you for your replies. Firstly there is no bad feeling on my part, I will pay the £120 on Monday.

However, the problem I now have is though my TV is covered for £300 for accidental damage I cannot claim as the access on Wednesday morning was not authorised by myself. I will also make it clear that I do not blame you for what happened though unfortunately as my landlord the responsibility for what happened is for you to resolve. Whether that involves you discussing the matter with the plumber or whoever provided him with the keys, or anyone else for that matter, is not for me to become involved in !

Of course I do agree that this is a serious matter, I was seeking advice ( mainly as to where I stood in relation to my Insurance ) and only when it became clear I was highly unlikely to succeed with any claim did I notify you. I would add that the point about the plumber still being in the building in no ways explains or excuses the fact the room to my door was not locked, in truth I cannot see any reason to leave the front door open either especially as the mail is left just inside the door !

I will wait to hear back from you, clearly the TV is here and the damage clear if you wish to see it.

 

Regards,

 

Chris