Personal damage from disrepair

[miavega]

Hi

 

I moved into a property on 15th dec 2008 - when I moved in it became apparent that a) the bathroom sink was not draining properly and b) the kitchen cupboard door which was hiding the boiler was not securely fixed to the wall.

 

The landlady and her mother came to inspect the property on 28th feb and agreed both issues needed dealing with - her mother did a bodge job of mending the cupboard but assured me they would get onto the estate agents who I am renting through and get a man in to repair it properly.

 

Three weeks later I got a message from estate agents asking if the maintenance man could go round that afternoon. Unfortunately I was abroad and did not get the message until the end of the day when I was back in the UK. I did nothing assuming the agents would be back in touch with an alternative date.

 

They didn't. Last night I opened the cupboard (which is a v heavy door) and the whole thing came away from the wall - it broke 5 glasses stored on a shelf underneath it and hit me on the side of the head and broke my vision glasses (luckily it didn't cause the glass to shatter in my eyes!) and has damaged and bruised my right hand.

 

I ring the estate agents this morning who are initially v apologetic and say they will get on to the landlady and sort it out - half an hour later they come back to me saying the landlady is saying it is not her liability as she had informed the agents to make the repair. The agents are now saying it is not their liability as I failed to repsond to the ONE message they had left me about a man having access to the property.

 

I am now left with costs of over £200 to replace both the drinking and vision galsses and I am also worried that as the wooden floor has been damaged I will be hit by a penalty on my deposit.

 

Does anyone have any advice on where I stand with this legally? I am extremely broke and really can't afford to replace my glasses and am really worried my deposit will be withheld due to the floor damage.

 

Miavega

[miavega]

Bump

[Steve__M]

Since noone has any ideas, then I would suggest you ask them whether they are insured or contact an personal injury lawyer, or seek opinions about personal injury claims from a forum that is devoted to such claims (don't know if CAG has one).

 

Personally, I think you have a claim as, a) they attempted a repair - they could have told you not to use the cupboard and b) they took 3 weeks about organising maintenance in the first instance. Making it stick, though, may be hard. You might have to up the ante by inventing some double-vision, a dodgy neck, frequent headaches, continued hand pain etc.

 

I say "they" to mean either agent or landlord. If the letting agent and landlord want to argue amongst themselves, that is up to them. Your claim is against the landlord - the agent is the landlords employee.

 

I am not a lawyer (obviously!)

Edited April 14, 2009 by Steve__M