Sink Damage

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    Sink Damage

    Hi all,

    A few days ago our toothbrush holder fell onto the sink below (from a glass shelf).

    I heard a thud and a crack, went up to have a look and saw the holder in the sink and that the basin is now cracked.

    I also noticed that the shelf is now sloping, whereas before we moved into the house (on September 1st) the shelf has been level - and our toothbrush holder was sat on it just fine until the shelf gave way a bit and it slid off.

    The LA is saying that we have to pay full costs for the repair.

    That doesn't seem fair ?

    #2
    Why not?

    They could reasonably assume that your use of the shelf overloaded it and was the direct cause of the damage.

    The cost may be less than their insurance excess, which they could ask you to cover if they made a claim.

    How much are they charging?

    Comment


      #3
      Never mind the sink wait until you get the cost of a plumber coming round to fit it.
      Any advice I give is my opinion and experience, I am as you also learning.

      Comment


        #4
        Originally posted by Stef Cooke View Post
        Why not?

        They could reasonably assume that your use of the shelf overloaded it and was the direct cause of the damage.

        The cost may be less than their insurance excess, which they could ask you to cover if they made a claim.

        How much are they charging?
        Huh? They could reasonably assume that we weren't overloading the shelf as well since the toothbrush holder was the only thing on it. We've only just moved in since two months ago and I've taken photos of the sink, shelf and toothbrush holder. We have barely anything in the bathroom except for toilet roll, shower gels etc. a small towel and the toothbrush holder and the only thing thats been on the shelf is the toothbrush holder... if the shelf wasn't designed to hold anything then what is it's purpose?

        If the roof collapses tomorrow is that my fault as well?

        Comment


          #5
          My money is on the previous tenant who damaged the shelf but hid it for the check out inspection.

          Or, indeed, it was simply badly fitted.

          Comment


            #6
            The LA's response is "I appreciate that it is a bit of a strange situation regarding the sink. However because it is an issue that has been caused whilst under your tenancy agreement, this is something that you will have to have sorted yourselves."

            Well that's a bit of a strange statement - if the top of the limestone fireplace in the lounge becomes loose, drops down and cracks the wooden floor or the fireplace surround below is that also something I would have to sort out myself just because it has been caused whilst under my tenancy?

            Comment


              #7
              Forget hypothetical roof/fireplace damage, concentrate on bathroom shelf/sink only. To avoid liability you may need prof opinion that shelf was too heavy/insecure before start of T.
              What has LL suggested for cost of repairing shelf & sink? Is the sink still functional?
              Have you tried negotiating division of costs with LL?

              Comment


                #8
                If the problem was caused by the shelf, the issue is the landlord's problem.
                A bathroom shelf should take the weight of a toothbrush holder and if the shelf gave way under the weight, the problem lies with the shelf and the damage arises as a consequence of that.

                While I suspect that jjlandlord's money would be safe, it's the landlord who has to make the property safe and functional.

                Tell the letting agent that the landlord has a repair obligation for the sink (unless it's still perfectly functional albeit cracked) -as it's plumbing - and should fix it and try and recover the cost from the tenant if they think it's the tenant's fault.

                No tenant should be asked to sort out a repair in the landlord's property.
                What about the ongoing liability if the job's done poorly - like the shelf fitting I think is probably the original problem.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Landlord should repair it.

                  You should pay for it.

                  Your toothbrush holder. You broke it. Seems perfectly "fair" to me.

                  Comment

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