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Landlord damaged laptop - question

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24

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    #32
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    The Landlord broke your laptop he should have it repaired already at this stage. If he is not capable of doing repairs or maintenance in the property he should pay a professional who is. Does he have proper insurance ? He will no doubt have an excess on this of at least €200 so should just pay you the money he can then put the receipt against his taxes at the end of the year. You may have been nervous or flustered with the landlord coming into your home and forgot to move the coffee big deal he should have moved it he was the one doing the work.
    Dont stop the money out of the rent as that is not legal but do seek advice from Threshold, or PRTB or the legal advice dept in Citizens Advice etc. You sound to me like quite a good tenant he should not be disputing this at all in my opinion. Good landlords are out there I for one maintain my properties to a very high standard but if you check my recent posts you will see I have a tenant who is not paying rent and I have to take them to court so good tenants are important too one does not work without the other.
    Good luck with this but dont be afraid to move on if you are not happy.


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    #33
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Big Davey wrote: »
    . Does he have proper insurance ? He will no doubt have an excess on this of at least €200 so should just pay you the money he can then put the receipt against his taxes at the end of the year.

    you cant insure somebody else's contents. :rolleyes:


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    #34
    Gatling
    Registered Users Posts: 40,291 ✭✭✭✭Gatling


    There is a simple case of a life lesson here ,
    360_F_102352090_ie3kLjDIvgrT1sxVDknWCUh8PxgMYzM7.jpg




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    #35
    YellowFeather
    Registered Users Posts: 2,294 ✭✭✭YellowFeather


    I think the landlord is completely responsible. As he unwrapped the packaging, he knocked over the coffee. It's not like the OP had the laptop right next to the fridge area with the coffee balanced precariously in front of it, all covered in some sort of camouflage.

    I'd often sit in front of my laptop with a drink near me, and I have never spilled (even though I can be clumsy as fcuk!). It's not an unreasonable thing to do. A person has the right to have a coffee beside their laptop in their home (I'm sure it's in the Constitution somewhere :pac:).

    Really surprised by the opinions that the OP is in any way responsible.


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    #36
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    YellowFeather wrote: »
    I think the landlord is completely responsible. As he unwrapped the packaging, he knocked over the coffee. It's not like the OP had the laptop right next to the fridge area with the coffee balanced precariously in front of it, all covered in some sort of camouflage.

    I'd often sit in front of my laptop with a drink near me, and I have never spilled (even though I can be clumsy as fcuk!). It's not an unreasonable thing to do. A person has the right to have a coffee beside their laptop in their home (I'm sure it's in the Constitution somewhere :pac:).

    Really surprised by the opinions that the OP is in any way responsible.
    If you were sitting down with your expensive laptop (never mind coffee beside it!) would you leave it there as someone unpacked a fridge beside it or would you move it somewhere out of harm's way?


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    #37
    YellowFeather
    Registered Users Posts: 2,294 ✭✭✭YellowFeather


    murphaph wrote: »
    If you were sitting down with your expensive laptop (never mind coffee beside it!) would you leave it there as someone unpacked a fridge beside it or would you move it somewhere out of harm's way?

    Not knowing the the circumstances, I would consider it reasonable to think the landlord wouldn't knock over the coffee. Or should should I put away all my valuables before getting my fridge replaced just in case??


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    #38
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    YellowFeather wrote: »
    Not knowing the the circumstances, I would consider it reasonable to think the landlord wouldn't knock over the coffee. Or should should I put away all my valuables before getting my fridge replaced just in case??

    I'd move my favorite cup never mind a €1000 piece of electronics.


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    #39
    SpaceTime
    Closed Accounts Posts: 9,088 ✭✭✭SpaceTime


    Your household insurance should cover it.
    That's why it's always a good idea to take out contents cover in a rental place.

    Things can fall, you might get broken into etc etc

    If it wasn't the landlord and was a mate of yours or something what would you do?

    Situation isn't really much different. It's accidental damage. One could argue that leaving a cup of liquid next to a laptop while furniture is being moved is somewhat negligent too.

    I would honestly say either claim on your insurance or write it down to bad luck and take more care of your laptop !


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    #40
    YellowFeather
    Registered Users Posts: 2,294 ✭✭✭YellowFeather


    beauf wrote: »
    I'd move my favorite cup never mind a €1000 piece of electronics.

    That's fair enough - each to their own. But should you be liable if you didn't?


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    #41
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    YellowFeather wrote: »
    That's fair enough - each to their own. But should you be liable if you didn't?

    If you knew someone was doing some work, especially with something large and awkward in an area and you left things that could be damaged, especially something hazardous like hot liquids in that area, I would assume you'd have a lot of responsibility for any accident.


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    #42
    YellowFeather
    Registered Users Posts: 2,294 ✭✭✭YellowFeather


    beauf wrote: »
    If you knew someone was doing some work, especially with something large and awkward in an area and you left things that could be damaged, especially something hazardous like hot liquids in that area, I would assume you'd have a lot of responsibility for any accident.

    The laptop was damaged when the packaging was being taken off the fridge - not when it was being fitted. The area where the fridge goes could have been left completely clear.


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    #43
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    To be honest this doesn't belong in this forum. The damage done has nothing to do with the landlord/tenant relationship. The rent can't be stopped etc. without being in breach of contract. The issue needs to be taken to small claims or wherever if the OP wants to.


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    #44
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    SpaceTime wrote: »
    Your household insurance should cover it.
    That's why it's always a good idea to take out contents cover in a rental place.

    Things can fall, you might get broken into etc etc

    If it wasn't the landlord and was a mate of yours or something what would you do?

    Situation isn't really much different. It's accidental damage. One could argue that leaving a cup of liquid next to a laptop while furniture is being moved is somewhat negligent too.

    I would honestly say either claim on your insurance or write it down to bad luck and take more care of your laptop !

    Echo this.
    Claim on your insurance OP (providing its more than the excess)- and put it down to experience.


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    #45
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    YellowFeather wrote: »
    The laptop was damaged when the packaging was being taken off the fridge - not when it was being fitted. The area where the fridge goes could have been left completely clear.

    I would suggest that removing the packaging is part of the fitting process, and would involve a space large than the fridge itself. Unless you are Doctor Who or similar.


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    #46
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    D3PO wrote: »
    you cant insure somebody else's contents. :rolleyes:
    I never said the landlord could cover someone elses contents but proper landlord insurance should cover any damage he does while carrying out maintenance just like a tradesman insurance would :rolleyes: and if it doesent he should hire a competent insured person to carry out repairs / maintenance shouldent he ? :rolleyes again:


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    #47
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    beauf wrote: »
    If you knew someone was doing some work, especially with something large and awkward in an area and you left things that could be damaged, especially something hazardous like hot liquids in that area, I would assume you'd have a lot of responsibility for any accident.
    How often does a landlord come to do work in your home ? the girl may have been a bit flustered he is supposed to be a professional landlord he sounds like a bit of a disaster to me maybe he needs to learn the "life lesson" everyone is on about and pay someone to do the maintenance he is not capable of. what does it cost to get DID or Harvey Norman etc to fit an appliance they have sold ? €20 ? and they take away the old one too ! and I bet they are insured. Just another penny pinching landlord that gets modern decent professional landlords like me a bad name.


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    #48
    Grandpa Hassan
    Registered Users Posts: 1,945 ✭✭✭Grandpa Hassan


    What would you do if this was a friend? I think you'd be asking to split the cost. And I think that that is probably appropriate.

    But is nothing to do with whether he is your LL or not. It is completely seperate to the lease agreement. You have no right to deduct it from your rent, and if you do your LL can make a demand for it, and start proceedings to end your tenancy if you dont pay it. You would basically be giving him an excuse to evict you if he so wishes

    This is just between you and him as private individuals


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    #49
    D3PO
    Registered Users Posts: 7,879 ✭✭✭D3PO


    Big Davey wrote: »
    I never said the landlord could cover someone elses contents but proper landlord insurance should cover any damage he does while carrying out maintenance just like a tradesman insurance would :rolleyes: and if it doesent he should hire a competent insured person to carry out repairs / maintenance shouldent he ? :rolleyes again:

    maybe learn what insurance a landlord needs then try again ....


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    #50
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    D3PO wrote: »
    maybe learn what insurance a landlord needs then try again ....
    Ehhhhhhhh landlord insurance. Correct ?


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    #51
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Big Davey wrote: »
    How often does a landlord come to do work in your home ? the girl may have been a bit flustered he is supposed to be a professional landlord he sounds like a bit of a disaster to me maybe he needs to learn the "life lesson" everyone is on about and pay someone to do the maintenance he is not capable of. what does it cost to get DID or Harvey Norman etc to fit an appliance they have sold ? €20 ? and they take away the old one too ! and I bet they are insured. Just another penny pinching landlord that gets modern decent professional landlords like me a bad name.

    I wouldn't assume those "man with a van" people they contract it out to are insured.

    Out of curiosity What part of a LL policy covers damage to a tenants property by the LL.

    http://www.axa.ie/home-insurance/landlord/


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    #52
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    Big Davey wrote: »
    How often does a landlord come to do work in your home ? the girl may have been a bit flustered he is supposed to be a professional landlord he sounds like a bit of a disaster to me maybe he needs to learn the "life lesson" everyone is on about and pay someone to do the maintenance he is not capable of. what does it cost to get DID or Harvey Norman etc to fit an appliance they have sold ? €20 ? and they take away the old one too ! and I bet they are insured. Just another penny pinching landlord that gets modern decent professional landlords like me a bad name.


    The tenant put something in a precarious situation so holds part liability at the very least. Why didn't they have insurance? Why did they put liquid close to a laptop while heavy goods were being moved.

    If you want to take full liability you are giving other LL a bad name when it is not deserved as their is shared liability and no LL should take full liability. You make them look bad when in fact they would be acting correctly


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    #53
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    beauf wrote: »
    I wouldn't assume those "man with a van" people they contract it out to are insured.

    Out of curiosity What part of a LL policy covers damage to a tenants property by the LL.

    http://www.axa.ie/home-insurance/landlord/

    What is wrong with the "man with a van" people do you feel your better than them in some way ? And I would assume they are insured.
    My LL insurance is with another provider not AXA not all insurers are the same.


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    #54
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Lots of victim blaming going on in here.


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    #55
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    Ray Palmer wrote: »
    The tenant put something in a precarious situation so holds part liability at the very least. Why didn't they have insurance? Why did they put liquid close to a laptop while heavy goods were being moved.

    If you want to take full liability you are giving other LL a bad name when it is not deserved as their is shared liability and no LL should take full liability. You make them look bad when in fact they would be acting correctly
    Dont agree. If I was stupid enough to not clear a working area where I was working I would claim full responsibility. Just like if I spill someones drink in a pub I would buy them a new drink its just fair IMHO maybe you would tell them they should have had a short instead of a pint or the pub had the wrong shaped glasses who knows. If I damaged that girls laptop I would have repaired it but thats just me.


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    #56
    140490
    Registered Users Posts: 96 ✭✭140490


    Well guys the landlord won't pay for cost and won't either split the repair cost, was fighting with him today as he want me out of the house if i open this laptop subject again as he said its not his responsability...... I went mad bit have nothing t do as i don't want to move to another place in this periode of christmas its a big hassle.....
    My laptop is still laying in repair shop as i can't pay for it myb after christmas.

    Anyway a big thanks to all of you, heared some great advices and opinions. Cheers


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    #57
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Big Davey wrote: »
    What is wrong with the "man with a van" people do you feel your better than them in some way ? And I would assume they are insured.
    My LL insurance is with another provider not AXA not all insurers are the same.

    My point was don't assume.

    No idea where where the persecution complex came from.

    Can you link to a LL insurance plan that covers damage to tenants property, by the LL doing work on a property.


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    #58
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    beauf wrote: »
    My point was don't assume.

    No idea where where the persecution complex came from.

    Can you link to a LL insurance plan that covers damage to tenants property, by the LL doing work on a property.

    I just spoke to the manager "damien" in DID and the lads that fit the appliances for €20 and take away the old one ARE insured. Case closed. Just another cheap skate landlord caught out by trying to save a few pennies.


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    #59
    Big Davey
    Registered Users Posts: 778 ✭✭✭Big Davey


    140490 wrote: »
    Well guys the landlord won't pay for cost and won't either split the repair cost, was fighting with him today as he want me out of the house if i open this laptop subject again as he said its not his responsability...... I went mad bit have nothing t do as i don't want to move to another place in this periode of christmas its a big hassle.....
    My laptop is still laying in repair shop as i can't pay for it myb after christmas.

    Anyway a big thanks to all of you, heared some great advices and opinions. Cheers

    Get yourself to citizens advice and make an appointment to see a free solicitor. You are only getting one side of the equation here and thats from LL`s. I feel you are being treated unfairly. But I do think there might be a little more to the story than you are letting on....................................


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    #60
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    140490 wrote: »
    Well guys the landlord won't pay for cost and won't either split the repair cost, was fighting with him today as he want me out of the house if i open this laptop subject again as he said its not his responsability...... I went mad bit have nothing t do as i don't want to move to another place in this periode of christmas its a big hassle.....
    My laptop is still laying in repair shop as i can't pay for it myb after christmas.

    Anyway a big thanks to all of you, heared some great advices and opinions. Cheers

    If he tries to evict you because of this issue then you take a case with the PRTB and one way or another you will be getting a payment out of him (illegal eviction is taken very seriously).

    It might be worth a call to Threshold or PRTB and see what they reckon. Honestly I dont know what the legalities of this are; I may have said that you share some of the responsibility, but ultimately the landlord entered your home to carry out repairs and in the process has damaged your property, so I would reckon you have a case here.

    Its worth bearing in mind that the law states that a tenant cannot be penalized for taking a case against a landlord through the PRTB. Should you decide to pursue this matter then you need to make it very clear to your landlord that any threats of eviction will not be tolerated.


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    #61
    beauf
    Closed Accounts Posts: 22,648 ✭✭✭✭beauf


    Big Davey wrote: »
    I just spoke to the manager "damien" in DID and the lads that fit the appliances for €20 and take away the old one ARE insured. Case closed. Just another cheap skate landlord caught out by trying to save a few pennies.

    Great answer if one van guy is insured , assume they all are....
    Can you link to a LL insurance plan that covers damage to tenants property, by the LL doing work on a property.

    Etc


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