help required confronting landlord

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    #31
    With regards the inventory, it is certainly a bonus for you. As often said on this forum "no inventory means no deposit deductions".
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #32
      30 replies and 386 views within two days! Is this a record?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #33
        joannepowell: I know this will be of little consolation but one positive outcome of you informing the forum of your situation is that us landlords will perhaps be a little more careful about what we leave within the potential reach of children. I would guess that your story may well prevent a similar occurance happening to another child in a property owned by one of the landlord members!


        I hope we all learn from that.

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          #34
          GF, I'm afraid I cannot add to this thread, but I do hope your child recovers fully and would be interested to find out how you get on with this.

          I am very involved in scouting and 'risk assessment' is continually being drummed into us. It's cases like this which makes you realise how important those words are.

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            #35
            Originally posted by Worldlife View Post
            The landlord has a clear duty to carry out a full and detailed inspection between lettings so as to ensure that there is no health or safety risks to the incoming tenants. Surely a responsible landlord would check cupboards to see if they are clean before reletting!!!!!

            The issue relates to this responsibility.

            On the issue of the safety cap one cannot blame the manufacturer if in fact the cap was not properly secured by the last person to use the product.
            But the OP herself didn't spot the item after 3 weeks of living there so it obviously wasn't just in front of the door.
            Checking the cupboards are clean would more than likely involve opening the door, looking in and closing the door, like the OP would certainly have done almost everyday.

            Anyway I'm not argueing whether the LL actually failed in his duties or not because nobody knows what he actually did or didn't do.
            The point is it would be hard to prove who's fault it was.

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              #36
              I would suggest that the landlord's responsibility is absolute.

              There would be some mitigation because as you quite correctly point out the chemicals were also overlooked by the tenant for several weeks.

              We would need to try and get the previous tenant as a witness. Did he/she have trouble with blocked drains or use caustic soda for this or any other purpose? If the previous tenant denies using or leaving caustic soda then this would point to the possibility of the landlord having used the product between tenancies or the product not having been left there before the previous tenancy.

              We would need to have more information about the exact location where the product was found by the child. Was for example it concealed behind a partition or in open view right at the back of the cupboard but not in front of a door (e.g a corner cupboard unit).

              Thinking about this I will in future see that the inside of corner units are checked thoroughly where necessary using a torch.
              Vic - wicked landlord
              Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
              Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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                #37
                This is an awful case. And one which the plantiff will find difficult to prove. The defendant doesn't need to do much but deny knowledge and liability. In fact, he will turn it over to his insurance company, who have incredibly big pockets and big advisors.

                Your best chance is a settlement out of court.
                ASSUME NOTHING - QUESTION EVERYTHING!

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