Who is at fault/liable?

howardmarks

Rented apartment... Dealing with letting agents for rent etc.

Scenario:
Got a phone call from the other half today while at work. The knob on the front door broke off and she was trapped inside. The door was essentially locked and the mechanism that opens it came off. It could be replaced and twisted but no longer functioned.
She rang the letting agents who told her it was nothing to do with them and it was the same as if a window was broken. (ie we'd have to replace it)

Anyway they rang a locksmith on our behalf and they called out and she threw the keys down(from the third floor) so they could get in.
The lock was accessable from outside. they fixed it and charged her for the call out.

Whos liable for this. Found the letting agent quite rude too.

Aside from the liability it was a complete and utter health and safety issue. If a fire broke out and this happened its bye bye. Im actually livid at the thought of it. :mad:
Anyone clear up the basics of whos at fault here?????

ztoical

How long have you been in the property? Have you had any issues with the lock before? What did the locksmith say? Did the think it was a fault with the lock/result of wear/human fault?

howardmarks

ztoical wrote: »

How long have you been in the property? Have you had any issues with the lock before? What did the locksmith say? Did the think it was a fault with the lock/result of wear/human fault?

^6 mths. no previous issues.
there was an issue with the screw which held the thing together. theres no way in the 6 mths we;ve been here that anything we could have done could contribute to it coming off.

silja

I would say the landlord is liable, as it is wear and tear (and I am a landlord).
On the fire safety issue: do you only have one way out, ie the front door (no back door, windows which open, ladder from second floor etc)? That I believe is illegal.

Doop

silja wrote: »

I would say the landlord is liable, as it is wear and tear (and I am a landlord).
On the fire safety issue: do you only have one way out, ie the front door (no back door, windows which open, ladder from second floor etc)? That I believe is illegal.

I believe its a 3rd floor apartment!!! hardly illegal!

Op I would say the landlord is responsible as you didnt do anything that broke the lock.. unless you've been going around slamming the door with some force! Probably best to ring threshold or one of them to get proper advice.

If the letting agent cause a stink after you find out that the landlord should pay, remember you've got all the keys to the apartment!

Taken from http://www.citizensinformation.ie/en/housing/renting_a_home/landlords_rights_and_obligations.html

Obligations of a landlord As a landlord, you must:

• Register the tenancy with the PRTB
• Provide your tenant with a rent book or statement of rent paid
• Make sure that the property meets certain minimum standards
• Repair and maintain the interior of the property to the standard it was in at the start of the tenancy
• Repair and maintain the structure of the property
• Reimburse tenants for any repairs they carry out which are your responsibility

silja

Doop wrote: »

I believe its a 3rd floor apartment!!! hardly illegal!

I suppose you are right. I thought there needed to be two exists to every home, but I guess a window would count even on the third floor, as firemen could bring a ladder up.

howardmarks

Really appreciate all the replies folks. Calmed down a lot since yesterday.
Not sure whether to bother pursuing it or to leave it. Dont like causing hassle(perfect tenant really) but wont be renewing the lease based on this and a few other little things.
With the volume of properties for rent out there these days i would have figured letting agencies would try and keep the tenants they do have content for their clients but not all i guess are good at what they do.

cheers

Victor

Door locks break for two reasons (a) gross abuse (tenent pays) (b) extreme age (landlord pays).

Doop

Victor wrote: »

Door locks break for two reasons (a) gross abuse (tenent pays) (b) extreme age (landlord pays).

Little black or white there Victor.

How about..

Shoddy workmanship installing the lock?
Or
Previous tenants engaged in "Gross Abuse", new tenant comes along manages to use the door for a few months and then it breaks due to mis-treatment by the previous tenants?

filmbuffboy

OP, it seems to me that this is a general wear & tear/breakage issue that the landlord or letting agency is liable for. Dont take no for an answer.

If you cannot get them to pay for it then go to threshold about the problem. They can be quite helpful in sorting these kinds of things out!

slowmoe

I would also put in a complaint about the rudeness of letting agent. My last place was great, fair rent and suited well but the letting agent was a nightmare. In the end i couldn't put up with the hassle of the agent and left due to that. I wish i had een able to tell the landlord because the ll had a good tenant and a good place and i would have stayed for years if i had been able to deal with ll direct

Wrighty82

I'd say wear and tear. Most landlords are ameniable to that sort of thing in the end coz its less fuss in the long run. Just skip the letting agent and talk straight with landlord if they're acting like that

variety

slowmoe wrote: »

[...]i couldn't put up with the hassle of the agent and left due to that. I wish i had een able to tell the landlord because the ll had a good tenant and a good place and i would have stayed for years if i had been able to deal with ll direct

I have your solution: write a letter to the LL, address it to your rental property and post it. Then, when it's delivered to you, bring it into the agency and they will forward it to the LL!

BostonB

variety wrote: »

I have your solution: write a letter to the LL, address it to your rental property and post it. Then, when it's delivered to you, bring it into the agency and they will forward it to the LL!

LOL nice thinking.

This the landlords job to pay for this. If it happened more than once then you could claim it was tenants abusing it.