Flat rental. floor damaged by fridge defrosting. should it be covered by landlord's inurance?
Answer:
The damage is due to the tenant's negligence. The tenant is 100% liable.
I am not a lawyer, but I would believe that first it would have to be proven that the tennant left the door open. It's not like they have a video of the tennant doing that.
Also, since it was the end of the rental, the property and property maintenence reverted back to the owner, therfore the responsibility of checking the rental for damages or problems. If the owner had done so in a timely manner, damages would have been averted.
I think its the owners responsibility.
If the work had been done without the tenants knowledge then where is the proof that this damage actually happened !! That would be my arguement ! I reckon it's down to the landlord to claim his house insurance ! The landlord should have contacted the tenant to either inform them or let them get the work done themselves. He lost his case by going ahead with the work first !
No, but if I have to pay for it, I'll need prove that I cause the damage and the repair bill.
The argument here is that the Landlord should have inspected the flat when the tenant vacated, or the Landlord's representatives should have. If this had happened the Landlord would have been aware that the fridge was open and could have sorted this problem out before damage occurred.
If i was in the previous tenant's shoes I would consider this to be a viable argument. The Landlord should see this as a lesson learned and on this occasion claim off his/her insurance company.
Inspections are usually carried out at the end of tenancy to determine whether there is any damage, and if no damage has occured a bond is given back to the tenant.
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