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Sep, 2014

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  1. #1

    Angry Tenant with holding rent because of sick cat! Who's liable?

    Hello
    My tenant has with held a portion of her rent as she believes i am liable for an injury on her kitten!
    I had arranged for a maintenance company to attend the property to cut and fit a new kitchen work top. The work men left the property, and when my tenant returned she says her kitten had been hit on the head by a piece of wood left by the workmen leaning against the kitchen wall.
    She says she has paid vets bills of £600 and believes that either the contractor or myself are liable. I have asked her to deal directly with the contractor and to request their insurance details, but she says they have ignored her calls, and been rude to her (i don't believe this to be true).
    She says she now believes that i too may be liable.
    I have no idea as i can't seem to find a clear cut legal answer.

    Any ideas?
    My first thought is she should claim on her own pets insurance (which she doesn't have) or should write directly to the contractor....

    Kate

  2. #2
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    Mar 2009
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    Tenant's contractual relationship is with you, not your workmen: I'm not surprised they are ignoring her calls. I'd ask for copies of bills & make a gesture - but not the whole £600: If she is still unhappy S21...

    Hope moggy is better.


    Cheers!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  3. #3
    Join Date
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    Have you phoned your insurance company?
    What does your contractor say to you when you question them about the incident or their insurance details?
    Stalkers, please go over this comment with a fine tooth comb.

  4. #4
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    Does your tenancy agreement forbid pets?

  5. #5
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    Quote Originally Posted by theartfullodger View Post
    Tenant's contractual relationship is with you, not your workmen: I'm not surprised they are ignoring her calls. I'd ask for copies of bills & make a gesture - but not the whole £600: If she is still unhappy S21...

    Hope moggy is better.


    Cheers!
    Yeah, I think I'd make a gesture too. Probably not the sort the tenant was looking for though.

  6. #6
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    Oh dear, kitty wasn't hit by a car? vindictive neighbour? passer-by? Ask her for some kind of evidence.

  7. #7
    Join Date
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    I don't think that the landlord has any direct liability here: If contractor left the kitchen unsafe and that resulted in an accident then they are responsible and should see with their insurance.

    That been said, I have serious doubts that a cat would be caught as suggested unless it decided to sleep right at the wrong place. From the description, the tenant was not even there when this happened, so I also doubt she knows that this is what happened.
    As suggested, cat might have otherwise been hurt and tenant is now trying to pin it down on the easiest target.
    ⊂ Unsuitable for nut allergy sufferers ⊃

  8. #8
    Join Date
    Sep 2005
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    deny it and do not admit liability. S21 and sue for the rent at the end: she will have to prove it is your fault!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

  9. #9
    Join Date
    May 2007
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    Good grief. You have a duty of care towards your tenants, not her pets.

    £600 to repair a cat? She's taking the urine.

    Bring in the ferrets. (regulars know what I mean.)
    I offer no guarantee that anything I say is correct. wysiwyg

  10. #10
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    Quote Originally Posted by theartfullodger View Post

    Hope moggy is better.
    Yes,hope moggy is better
    Nora Batty,Hattie Jacques,my kind of girls

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