Damage cause by c/h fitter

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    Damage cause by c/h fitter

    Finally last week a government body gave the go ahead for a new central heating installation. The tenant had signed a survey form and disclaimer prior to the installation. When the fitter ran the new heating system a leak started in the pipe work, on the first floor.

    The fitter had to bore several small holes in the ceiling on the ground floor, to release the water. He then removed the carpet upstairs and a few floorboards to locate the pipe. The carpet was not laid back properly and frayed on the outer edges.

    The tenant signed the disclaimer form, which notes the following (Any carpets not removed prior to us attending may require professionally refitting after our visit)

    Question.

    Do I have a claim against the company for the damage caused to the ceiling (water stain & small holes roughly filled in, plus the frayed carpet

    Thanks advice welcomed.

    #2
    Yes you have a claim: Ultimately - unless you come to am amicable agreement with the company that you (it was you that commissioned them?) got to do the CH for you/government it will end up in court (hope not) and 'twill be up to the judge to decide.

    Had you given the tenant authority to sign on your behalf? If not could be even more complicated tho the company would probably argue they accepted the signature in good faith (I would have in their shoes).

    I'm sure you have Landlord's insurance for a variety of reasons.

    In your shoes I'd...
    a) Take shed-loads of photos and maybe samples if anything is loose.
    b) Write to my insurance company (write not 'phone - they can mis-understand on the 'phone) and tell them there has been a problem, you may claim but are not claiming at this time (to avoid them saying "you told us to late").
    c) Write a polite letter to the company asking what they propose to do about and what steps their insurers are taking.
    d) Are you paying them or is the "Government Body" (Which Government? - EU, GB, Welsh..??). If I haven't paid in full - or of the Government hasn't paid in full withhold final payment for a suitable amount, writing within 30 days of the final invoice to advise the company as to why.

    Tricky: I had some building work carried out a couple of years ago on a house I had been living in (so still on householder's insurance). The builder (decent bloke) dislodged a failing/iffy plumbing joint and we had a very interesting flood. Initially he volunteered to claim on his insurance (very decent bloke). But when I saw the bit of pipe that failed (it really wasnae his fault) and compared his excess with mine decided to claim on my insurance: Which had new-for-old. So overall I got a very good deal (honest - I even resisted the "what would you like the estimate to say mate" temptation) Including new double-bed from John Lewis to replace the 7yr old one I had there.

    So.. consider excesses, likelihood of getting the monies & the aggro it will take to sort out each option.

    Sorry to hear of your experiences...

    Lodger
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Did the fitter fit that pipe or was that an existing pipe. Regards Peter

      Comment


        #4
        Thank you both.

        Sorry for being vague. (Location Norfolk) The grant was via Warm Front. I had to pay extra to the installing gas company, because the grant did not cover all their work

        The tenant did not have my permission to sign, but the grant was in her name so she signed. I have taken photos of the work that includes the roughly filled holes in the ceiling plus hairline cracks and water stains. The pipe that had the leak was part of the new installation; most of the copper piping runs along the skirting and is exposed. I was hoping they would box the pipes in.

        The tenant is a single mum with two children, one 6 months the other 3 years old. She has been a good tenant, I have a duty of care to her and feel the installer may spin anything to her.

        Comment


          #5
          Good old Warm front strike again! Cowboy builders dream... do you realise the grant is about £3k... a decent installer would fit a damn good system all neatly boxed in for that and these cowboys fleece the government and joe blogggs for more cash!!

          Sorry not very helpful!! I would say they have bodged it and as such you have grounds for compensation. They have a duty to do a proper job.

          if the tenant is concerned about the exposed pipes you can buy plastic covers to go over pipes to help prevent little ones touching.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment

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