whose responsible ?

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    whose responsible ?

    my tennant contacted my agents complaining that a door had fallen and bruised their child and thaat he was going to sue me. The part of the door frame where the hinges were attached to had become soft and the screws had become loose. Not sure if the child was swinging on the door. Tennant taken photo of bruise, but child in school. The tennant had not reported any problems with the door, hinges or frame. Agent pointed this out to which the tennant said he was "on the way up to report it". In the same breath , the tenant has said a friend has new kitchen units which theyre getting rid of ? and , if they fit into my/their kitchen will I pay for a joiner to remove and fit them in my property ? The original units are old but Im not sure whether or not to say "yes" to this sugesstion.. My agents say that the tenant will have to sign a document which would agree that the units would remain in the house should they leave. Can I be sued for a problem that wasnt reported ? All other repairs are completed promptly- usually within 3 days.

    #2
    If the tenant didn't report a problem that's not necessarily enough - but if you've been inspecting the place regularly and properly (or your agent has) and not noticed any issue, that should be sufficient.
    But the tenant would have to show that you had been negligent and that the injury arose from that negligence - and compensation is dependent on the extent of the injury which doesn't sound that serious (a bruise is a temporary thing).

    There's not a chance that second hand fitted kitchen units won't make a complete mess of the kitchen (and they become yours the moment they're fitted to the property, form or not).

    I'd tell the tenant not to touch the kitchen and (if they're trying to make a claim for compensation) I'd, probably, serve them notice.
    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).

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      #3
      Thank you for responding. The agents do regular inspections . They never mentioned anything. I really cant see how I could have known about the problem if no one reported it. To be honest with you I'm sick with worry. Ive been renting the property out for 6 years and havent had a problem like this before.

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        #4
        In respect of the units I would only agree if they of benefit to you and that they Improve the existing kitchen. Ask to see them. If your kitchen is dated it may pay to agree and save you money in the long run.

        On the other hand people rarely replace good kitchens and it's more likely the tenants prefer the colour or something daft!

        You can't be sued unless negligent and it's more likely that the child was swinging on the door. Having said that if the wood has became soft how has noone noticed this before?. The door would likely feel loose if it came off so quickly and easily?

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          #5
          You should inspect the existing units as soon as is practicable and make sure they are still safe and serviceable. If they are not then replace them Asaph with units and a fitter that you source yourself

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            #6
            Ive just spoken to the agents and pointed out that their inspection would have shown problems up. I also asked how come somebody would get rid of new kitchen units ? Apparently the house that these units are in is being repossessed.Cant get my head around any of it to be honest. 4 weeks ago I got a call to say the timer on the boiler was broken. This is housed inside a walk in cupboard. The gas fitter phoned up and spoke to the wife who said the child had messed about with it. Later when the fitter spoke to the husband he said his wife had got it wrong . This is a relatively new boiler ( 3 years old ). The gas fitter said the timer been physically damaged. It cost £220 to have that fixed.

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              #7
              Check your insurance to see if you would be covered if the tenant makes a claim.

              The check when you can serve notice on these tenants and get rid of the 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).

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                #8
                my insurance I have landlords legal expenses up to £50,000 of advisors for property infringement , criminal prosecution, identity fraud , tenant delapidations pursuit ( subject to tenant reference). I phoned the legal helpline beffore and they were absolutely useless

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                  #9
                  When does their contract expire? I'd be looking at issuing a section 21 asap

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                    #10
                    they are on a 1 month rolling tenancy

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                      #11
                      Never ever accept any offers from tenants to modify anything in the property. Its not their place to do that. If they don't like the existing kitchen then they should find another property to live in.
                      The tenant seems very trigger happy. I would calmly decline their offer to refit the kitchen and carry out an inspection of the property to ensure no potential hazards exist. Document the inspection. If the tenant still talks of suing tell them to go ahead and serve them a section 21 notice.
                      Any advice I give is my opinion and experience, I am as you also learning.

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                        #12
                        Section 21 for me.

                        It sounds like you will have ongoing issues by keeping them as tenants

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