Repairs and responsibility
Question
A fire started in the extractor fan above the hob while my fiancée and I were out at work. The fire investigation officer has reported it as an electrical fault.
The kitchen was gutted and the rest of the flat was badly damaged by smoke. We rent the flat from a private landlord and the extractor fan is part of the fixture and fittings. Stupidly, we have no insurance but surely it's up to the landlord to pick up the cost of any damage, right?
Answer
Whether your landlord has any responsibility to cover the cost of damages to the property from his insurance will depend on his individual policy. Building's insurance usually covers damage to someone else's goods or property. You could discuss this with your landlord or get more specialist advice from your local Citizens Advice Bureau (CAB).
Your landlord does have responsibility for keeping the equipment for the supply of water, gas and electricity in good repair. But they don't necessarily have to maintain electrical appliances such as cookers, fridges or washing machines; the responsibility for these depends on what is written in your tenancy agreement. If you don't have a tenancy agreement it is likely that the landlord is responsible for any items provided at the start of your tenancy unless you agreed otherwise.
If the electrical fault is due to disrepair you may have a claim for compensation against your landlord for the damage to your goods. If you took this claim to court then they would decide whether your landlord should pay you compensation for inconvenience to you or damage to your belongings as a result of disrepair. Taking court action can be complicated and sometimes slow. It can also be expensive unless you're entitled to help with your legal costs.
Alternatively, you can use the small claims court if your claim is for less than £1,000 or if your claim is for less than £5,000 and you are not also asking the court to order your landlord to do the repairs. Taking action in the small claims court is not expensive and if you win the case your landlord may be ordered to pay your costs. There are specific procedures that need to be followed.
Before going to court it's important you get advice from your local CAB, Law Centre or a solicitor first.
Finally, if you rent privately and your landlord does not live at the property you probably have an assured shorthold tenancy. If this is the case, you do not have very strong tenancy rights. You landlord might try to evict you if you start to take action against them and they would not have to give a reason. So you might need to think carefully about what to do.
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