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what are my rights?

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382 views 1 replies latest reply: 18 August 2015
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Tenant

Hi guys. First time poster. Long story.

The relationship between me and my tenant has been very on and off since i moved into my apartment 5 months ago. He always denies something needing repair, and when he does accept a repair it takes weeks just for him to send a contractor. Anyway: when i moved in I asked the place to be unfurnished, bar a table and chairs. The chairs themselves are very flimsy (cheap.)

This morning: I was working at my computer when suddenly the chair gave way and collapsed. I landed right on the edge of one of the chair legs and hit my lower back. 

Fast forward: I called my landlord and explained what happened. This was his response: “It’s not my responsibility: you asked to keep them when you moved in: Anyway considering it’s my property you will have to pay for the repair.”

What are my rights here, and what can i do?

Considering my back is absolutely killing me because of this also.

Sorry to start on such a negative note.

Thank you.

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Administrator

Hi Jason

Is the furniture mentioned in the inventory? If so then it’s part of the tenancy agrement and it’s the landlord’s responsibility. The only point at which it’s not their responsibility is if you damage it – so if you’d intentionally damaged it or used it incorrectly. 

How old is the chair? If it’s an old chair and you have an inventory that states it was old/not in great condition then you can just write back to the landlord and point out that they have an obligation to maintain everything in the property that’s provided as part of the property and to ensure everything is safe to use. I’m not a lawyer so I’m not sure if you could make a claim for personal injury but you could certainly threaten it if you wanted to use it to negotiate with the landlord.

I’m assuming your deposit is held by a deposit protection scheme? (if not and you’re renting under an assured shorthold tenancy then you can make a claim against the landlord for 1-3 times the amount). If so then if the landlord tries to hold on to any money for the chair when you leave then you can raise a dispute with the deposit protection scheme and they will decide whether the chair broke as a result of damage or wear and tear. It sounds likely to be wear and tear, especially if it was cheap. 

The landlord obviously doesn’t understand that whatever is provided with the property should be fit for purpose so don’t be bullied into paying anything.

Alex

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