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Question Title: Consequential Loss
| Question: 247 |
| A freezer in a let property managed by ourselves broke down during the tenant's absence. When he returned to the house five days later, the freezer had defrosted and the contents ruined. We have been asked by the tenant to reimburse him for the ruined contents. Our initial advice to the tenant was to initiate a claim under tenant's contents insurance but as the excess is probably more than the claim for £64.00, he is reluctant to take this course of action. In his view the item was contractually provided by the landlord and any loss caused by its breakdown should be covered by the landlord. We believe electrical appliances supplied by a landlord, providing they are in good working order - as this was, are used at a tenant's own risk. However, we should be grateful for any advice you are able to offer.
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| Answer: |
| As in the previous question, the landlord's liability commences when the landlord is given notice of the disrepair. It is generally accepted that the landlord is responsible for repairs or replacements to appliances supplied by the landlord unless any provision is made to the contrary within the tenancy agreement. Thus a landlord can, by prior agreement, contract out of his repairing obligations for the appliances and various other contents of the property with the exception of those items covered by statutory repairing obligations. In this case, the failure of the appliance occurred whilst the tenants were away from the property and was only discovered on their return. Presumably, the contents were already ruined by this time and there was little that the landlord could have done to either prevent or mitigate the consequential loss. The landlord cannot be responsible for loss caused by disrepair which had not been notified. The landlord would only be liable for loss from defects that he knew about or should have known about. This highlights the importance of regular inspections by managing agents on their properties. This case also demonstrates the need for carefully drafted tenancy and management agreements in order that all parties are aware of their responsibilities and obligations. It might also be useful to include a disclaimer in the letting agreement for such consequential loss and recommend that tenants take out insurance cover for things such as accidental damage and freezer contents if they wish to be protected in such situations. The landlord may also want to consider purchasing a maintenance agreement to cover all the appliances in his property.
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References:
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Hyperlinks:
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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