Who takes the hit on food gone bad due to electrical fault?

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    Who takes the hit on food gone bad due to electrical fault?

    Hello all,

    Tenant here - We have a clear electrical fault, as in the power to one circuit seems to come and go; on the last occasion it was down for 5 days which resulted in all food contents to go bad and subsequently was binned.

    Landlord was notified on day one, problem was 'temporarily fixed' on day 5 (problem was a water heater being far too small/unsuitable for the kitchen and kept surging)

    In my opinion, this is not a terrible response time; however, we let Landlord know on day 1 that fridge/freezer is connected to circuit in question and £30 worth of food is about to go bad in the next 24 hours.

    I think the LL did their part and fixed the fault in a reasonable time, however would he not also attempt to compensate any damage to the tenant which was directly attributable to said fault?
    Or is the food considered "tenant contents" for which the LL bares no responsibility?

    If it helps to know, the water heater in question kept breaking down (three times), and the repairman simply repaired it even though it clearly looked knackered and dangerous (burn marks on the box). and on one occasion it took over a month to get someone in to fix it.. hence why I say the 5 days response was not too bad after that.

    Thanks guys/ladies
    J

    #2
    Your landlord should cover the cost of the food, but more importantly it appears a qualified electrician needs to look at the fault. Ask the landlord to have the circuit tested, and if he refuses call in Environmental Health, who could force him to do it.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Wouldn't it be the tenants contents insurance that should cover the cost of the food?

      The LL certainly needs to get the electrics sorted though.

      Comment


        #4
        don't have contents insurance - This was not a requirement for in the AST, and I would assume would be used when the tenant is at fault which I don't think is the case here (not an expert at all).

        Comment


          #5
          Originally posted by baccci View Post
          don't have contents insurance - This was not a requirement for in the AST, and I would assume would be used when the tenant is at fault which I don't think is the case here (not an expert at all).
          Not when at fault, more like when an insurable event occurs, which is has, regardless of fault, it would have been covered by a contents policy.

          You can't expect a landlord to indemnify all your contents in the house himself, when he himself can't get insurance cover for the things that you'd want covering.

          If there was a water leak, would you expect the landlord to pay you, out of his own pocket for every single item that you own that was damaged from his water that was in his pipes?
          "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

          What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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            #6
            sooo... what you are saying is the landlord would have insurance over it? or because we have no contents insurance we lose out, if so that sounds a bit unfair

            Comment


              #7
              Could you not have plugged the freezer into a different socket?
              To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

              Comment


                #8
                Originally posted by JK0 View Post
                Could you not have plugged the freezer into a different socket?
                No, the entire circuit was out, this included all plugs (and heating for that matter), so no tv, internet, phone, cooker, over, kettle (!), etc.
                The only other circuit, which was working, were the lights.

                Comment


                  #9
                  Ok following Paul's advice I asked for the £30 food bill and for the circuit to be tested.
                  LL agreed to both so I guess we're happy.

                  But see your point, LL could have refused.

                  Thanks all!!
                  J

                  Comment


                    #10
                    Originally posted by baccci View Post
                    No, the entire circuit was out, this included all plugs (and heating for that matter), so no tv, internet, phone, cooker, over, kettle (!), etc.
                    The only other circuit, which was working, were the lights.
                    Only two circuits!
                    Your place will go up in smoke, maybe with you in it.

                    Forget about the £30, and move elsewhere.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by baccci View Post
                      No, the entire circuit was out, this included all plugs (and heating for that matter), so no tv, internet, phone, cooker, over, kettle (!), etc.
                      The only other circuit, which was working, were the lights.
                      How odd. If this happens at another property, and it has an electric cooker, you may find a socket on the main cooker switch still works.
                      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                      Comment


                        #12
                        Lol - I may have explained myself badly there..
                        I'm no electrician, but the fuse board has like 12 switches in total; the first row of 6 switches is for a specific set of plugs/rooms.. the main switch to that series of switches is the one that keeps blowing.
                        The other row of 6 switches are for lights, to various rooms.. that one also has a big switch next to it which controls all 6 switches relating to the lights.

                        then there is a massive red switch for everything.

                        Comment


                          #13
                          Originally posted by baccci View Post
                          sooo... what you are saying is the landlord would have insurance over it? or because we have no contents insurance we lose out, if so that sounds a bit unfair
                          The landlord CANNOT have insurance for your contents even if he wanted to, they are not his to insure. It's unfair that you've lost out. Would be nice if you could put something in place that would pay out in circumstances like this such as......................................insurance.
                          "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                          What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                          Comment


                            #14
                            Ok that may be the case.
                            Regardless of the fact the LL agreed to compensate, surely if it's not your fault the other party pays up? I thought that is the basis of insurance.

                            Contents insurance is not a legal requirement.. I'll understand your argument if some random party broke into the property and caused a whole lot of damage to my contents, but in this case the LL is somewhat at fault, so I don't think the tenant should be penalized for not having insurance.

                            We chose not to take out insurance as in the long run it has always worked out cheaper (we seriously don't have that much stuff).. but that is a whole different subject.

                            Comment


                              #15
                              Correct, it's not a legal requirement, it's for peace of mind, to ensure items are covered. It's not a legal requirement for the landlord to cover all your things either (which he can't anyway)

                              I still refer back to my previous example of a simple pipe bursting, obviously this is out of the control of the landlord but in your mind it would be his fault as it's his pipes in in house that you are renting. Would you ask him for compensation for all of your belongings being destroyed by a water leak?
                              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                              Comment

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