Injured in my flat. Recover losses from Landlord?

LegacyUser

Want to go unreg for this one for my own reasons.

Living in a nice bedsit for about 14 months in Dublin City. Sure it's small but it's all I need and in a good central location. Rent is €550 a month and I've always paid on time so I suppose the landlord would call me a good tenant. Of course I aspire to rent something better next year after my salary review in December but happy where I am for now.

Never dealt with the landlord but they are registered with the PRTB so all above board. The management agents are fairly helpful anytime repairs were needed.

There are two presses above my bed and I stored books and DVDs there.
At 1:15am on Thursday morning, they collapsed on top of me while I slept leaving a cut on my head and I was bleeding for about 20 minutes. My pillow has some pretty bad blood stains too.

Went to my GP the next morning who said it wasn't serious (a 1 inch cut and got two stiches) and gave me a note for two days which stated I had mild concussion. My employer gave me sick leave no problem for Thursday and Friday.

I was pretty dazed and confused after it happened and I've started to forget what happened in the first few minutes. My GP says this is normal with a bang to the head.

Called the landlord and who called a tradesman and the presses will be replaced next week. The tradesman agreed I had not overloaded the presses and they collapsed as they were cheap chipboard.

I'm no fan of compo culture but I've lost money here.
I've taken sick days which will be noted at my review and can impact my bonus (working in a bank so annual bonuses are important).
It cost me €60 to see my GP and to get taxi's to and from the surgury.
My washing machine and dryer is metered so it costs me money to wash my sheets and pillow and I spent a good while hovering loose plasterboard from the bedsit.

Not looking for a big payout. But could I maybe knock €100 off next months rent as compensation?
I'm afraid the landlord might give me notice if I do and I don't want to move as rents are going up and students are arriving in Dublin so don't want to be queing to see places to rent.

Thanks

ceidefields

I would get in touch with the landlord and explain exactly what you said above. Make it sound very reasonable and just say you want to cover your out of pocket expenses. It's not like you're willing to go to court over this, right?

I have to imagine that if the Landlord kicked you out over a request like that, you'd have a pretty good case against him.

Victor

Unreg1720 wrote:

There are two presses above my bed and I stored books and DVDs there.

That is not a good place for a press. Is the new press there also?

I'm not sure if I would chase someone for €100, but I would suggest to the landlord that he take a benevolent position with any future rent incease, etc.

judas101

not worth potentailly falling out with a landlord for 100 euro imo.

accidents happen.

LegacyUser

OP here

Victor, replacement presses are going back over my bed. This place is so small it's the only place for them and I need them as my books and DVDs are on the floor right now.

I'm just trying to be reasonable and not greedy. I'm work for an average salary and the landlord is pulling over €2,500 a month in rent (One house=5 bedsits) and is most likely a millionaire so whats €100 to them anyway?

Supercell

Unfortunately €100 to them might mean a tenant that's too much trouble.
I've rented for over 18 years now and there is always one common denominator about landlords with converted houses with multiple bedsits- they are very very tight.

If you are renting a place for a very cheap €550 right now (in the current market) with the students coming back, i'd just make damn sure the new presses are better quality and are fixed better to the wall.

I'd consider €550 bedsits prime student and foreign worker type places - very high demand - and i'll bet the landlord knows he'll probably rent it out the second you go out the front door.

Crap like this is exactly what I hate about renting in Ireland, in other markets it wouldnt be so easy for the landlord to do this.

I really sympathise with your situation, but honestly believe the best advise i can give you is to make sure it doesn't happen again and just bide your time to you can afford somewhere better.

Grizzly_Smurf

Sorry to hear about yer head OP - pretty much agree with the advice above on this one and leave it be unless u had a bad enough injury tho

Tenants are usually responsible for areas of their own responsibility in rented premises - if u washed the floor and fell on our arse on it u couldn't usually sue the Landlord for damages, but Landlords are responsible for their areas of responsibility too - fixtures, fittings, permanent features and that (unless they sign this over to a managment company) - so if the bannisters are wonky and u fally off the stairs and break your back, that will more than likely be found to be their fault

Have a look at the book of quantum (http://www.piab.ie/pdf/BookofQuantum.pdf) cos no one else know's how injured u where only you, and if u think you could have a claim for personal injuries in law I'd go to a solicitor, even just to talk over possibility of a claim, and then approach the landlord. If you're not that bad, wouldn't go that far and very much want to stay where u are I wouldn't think its worth the hassle, basically as the landlord could think your gonna start causing grief, and even after 14 months has a number of legitimate reasons for which he could just boot u out (see http://www.prtb.ie/DownloadDocs/Residential%20Tenancies%20Act%202004%20-%20A%20Quick%20Guide.doc - page 3& 4)

Best of luck whatever happens

ircoha

not worth a row over 100 quid now: u should consider as advised elsewhere have a chat with a solicitor and opening a file ON A NO FOAL NO FEE basis: see how long u have before u are statute barred from filing a PI case and then when u move, as intimated in the post, and get the necessary reference from him then consider filing.

Keep all the receipts for medic etc: however dont get into esb metering, u work in a bank and if u file for 2 hrs at 14c per kwhr....

To be honest, if u decide to file, it must be for a substantial number and not 100 quid

SingingCherry

I can see him reimbursing you for the fixng of the press since it is his and it did break. If something like the washer or the floor broke and you had to get someone fix it he would pay.

As for the doctors bill... well he should because technically it is HIS press but... this just seems a bit petty to me. He wasn't there and it was an accident, of course. You said it's a good company so I don't think they personally did a shotty job with your presses.

I definitely wouldn't chase him about the medical bill BUT I would just say "I had someone come in and fix the press, where should I send the reciept to get reimbursed?"

Good luck.

SarahSassy

Unreg1720 wrote:

My employer gave me sick leave no problem for Thursday and Friday.

Well then why would it affect your bonus??? In Irish banks your bonus is almost always only affected by sick days if you take them systematically and without a doctors cert.....

This is purely for dramatic effect.....

Zaph

I agree. I work in a bank too and if something like this happened to my staff I'd know they had a legitimate reaso to be off work and it certainly wouldn't be an issue at bonus time. If they tried to scam two weeks from a two day injury it most definitely would. The other thing to bear in mind is that this is in no way quantifiable, you'll get your bonus and won't be told why you're getting that particular amount.

My advice is the same as most other's, let it go, it's not worth risking losing somewhere that you like to live over €100. I would make sure the new presses are up securely before using them though, you don't want a repeat of what happened.

Miss Fluff

You could ask him if you can deduct the doctor's fee from your next month's rent. If you do that however be prepared that he might think you are an ambulance chaser and him reimbursing the fee is admitting liability. Depends how much you want to continue living there I guess.

As for electricity units........:rolleyes:

LegacyUser

Thanks for the advice, I think I will let this go as I never want to go through the hassle of queing to see places and checking daft.ie if possible.
I'll most likely be out of here next January anyway.

I'm not paying for the press. Landlord contacted a tradesman who is responsible for getting a new one. I'll be making sure it isn't made of lousy cheap chipboard.

Not being petty over the ESB. There is a washroom in the backyard and with a coin meter. It costs €1 for the washing machine and €2 for 60 minutes in the dryer. So I'm guessing close to €10 to wash all my stuff. Whatever way that meter is adjusted it's robbing the tenants, ESB is definitly not that expensive! Your right Longfield, the landlord must be tight.

If I came back drunk some night and pulled this press off the wall I've no doubt the landlord would be taking it out of deposit. But when it's the other way around the tenant is screwed over.

I read about people getting thousands in compensation for tripping on footpaths and sueing the Council all the time and other stupid and needless personal injury claims. But no compensation for me, tenancy law here sucks:( .

Carrigart Exile

How can you prove the landlord was liable? How can you prove you were not swinging from the cupboard doing amateur gymnastics, how can you prove you did not overload the cupboard? Too many implausibles, put it down to experience

Marksie

In reality, the only one who can answer your question fully is a solicitor.

I know there is a world of difference between personal and public liability.

SarahSassy

Unreg1720 wrote:

Not being petty over the ESB. There is a washroom in the backyard and with a coin meter. It costs €1 for the washing machine and €2 for 60 minutes in the dryer. So I'm guessing close to €10 to wash all my stuff. Whatever way that meter is adjusted it's robbing the tenants, ESB is definitly not that expensive! Your right Longfield, the landlord must be tight.


Well go to a launderette FFS!!!!!!

dudara

You might get some good responses in the Accommodation & Property forum. Thread moved.

dudara

BC

Can you not move your bed away from the presses - sounds like an accident waiting to happen to be honest, I would never sleep with something above my head like that. If you can't move your bed then ask your landlord to put the presses somewhere else.

On the compo - accidents happen, put it down to experience and move on.

ircoha

SarahSassy wrote:

Well then why would it affect your bonus??? In Irish banks your bonus is almost always only affected by sick days if you take them systematically and without a doctors cert.....

This is purely for dramatic effect.....

I agree 100% with SS here: after all u have a cut on ur head so it is not like it could be construed as male pmt

Garthicus

No way would I claim from my landlord, you have lived to tell the tale and for the sake of €100!!