Are you sure I'm not liable for my exploding cooker?

GEKKO135

Aplogogies for bringing the subject up again, but i'm in a bit of a pickle here.

So about 3 weeks after my oven exploded my room mate (who owns the house but doesn't live here) sent me a text telling me that she contacted the manufacturer of the oven and they told her there is no way the oven could have exploded and that i must have hit it with something :rolleyes:, no surprise that they said that really. Anyway, she maintains that i broke it and that she wants to take the 290 euro out of my deposit to fix it. I have stood my ground on the issue and have refused to pay.

In response, she came down on a random monday and did a spot check of the house. The house was a little messy and there was about 10 bottles of beer on the kitchen sink left over from the weekend. I generally clean the apartment on a monday after work and on a friday and i've been very respectful of her property. She then texts me saying she took pictures of the beer bottles and that it's enough evidence to show that i'm a negligent lodger and now she firmly beleives i broke the oven. She did this all by text message btw, and every message she sent was extremely arguementative and in one message she said she was going to keep my 650euro deposit and give me no reference. I asked if i could meet her at the apartment to discuss the issue but she flat out refused.

I really do feel as though this is getting a bit ridiculous and had the oven not exploded none of this would have happened. Should i just pay up the 300euro to get it sorted or is this still her problem? Is there anyone i can contact to settle the issue? I don't want to get the gards involved but i feel as though i'm not seeing that 650 quid again. Any advice?

convert

You call this girl a room mate, but yet she doesn't live in the house. Would that not make her a landlord and you her tenant rather than a lodger? If that is the case, then she cannot just enter the house when she likes; instead she must give you adequate notice (usually about 24 hours) and arrage a time that suits you.

If your landlord doesn't live in the house, she should have registered the tenancy with the PRTB (it's a legal requirement).

The guards won't do anything about this as it's a civil matter, but you should contact Threshold (www.threshold.ie) and see what they advise. They'll also be able to determine whether or not you are a lodger or a tenant, but from what you say in your above post, if your landlord doesn't live there then you are a tenant (if I've understood your post correctly)

Ovens and other appliances break, it happens all the time. Unless you did something to it, or put something in it which could have damaged the appliance, then you shouldn't have to pay for a replacement. A landlord, whether residing in the house or not, should provide appliances in working order and replace them when they break.

It sounds like this girl doesn't want to be out of pocket and wants to use your deposit to replace the oven.

Contact threshold tomorrow morning and see what they say. And don't forget to keep all the texts she's sent. It might also be an idea to hold off replying to her until you get professional advice.

GEKKO135

convert wrote: »

You call this girl a room mate, but yet she doesn't live in the house. Would that not make her a landlord and you her tenant rather than a lodger? If that is the case, then she cannot just enter the house when she likes; instead she must give you adequate notice (usually about 24 hours) and arrage a time that suits you.

If your landlord doesn't live in the house, she should have registered the tenancy with the PRTB (it's a legal requirement).

The guards won't do anything about this as it's a civil matter, but you should contact Threshold (www.threshold.ie) and see what they advise. They'll also be able to determine whether or not you are a lodger or a tenant, but from what you say in your above post, if your landlord doesn't live there then you are a tenant (if I've understood your post correctly)

Ovens and other appliances break, it happens all the time. Unless you did something to it, or put something in it which could have damaged the appliance, then you shouldn't have to pay for a replacement. A landlord, whether residing in the house or not, should provide appliances in working order and replace them when they break.

It sounds like this girl doesn't want to be out of pocket and wants to use your deposit to replace the oven.

Contact threshold tomorrow morning and see what they say. And don't forget to keep all the texts she's sent. It might also be an idea to hold off replying to her until you get professional advice.

Well she's been here once the last month and i'm paying for all the bills so it is very difficult to see how i'm a lodger. However, she doesn't have anyone renting her room as i think she likes to keep her options open and likes the idea of being able to come up to dublin when she likes. So..ye still a bit unsure what i am tbh. Nothing has been signed as of yet so maybe requesting a lease would be a good idea?

I will contact threshold tomorrow and see if they can help.

I'm a first time renter so i'm a bit taken back by the situation. Thanks for the advice, much appreciated.

astrofool

The manufacturer is likely fobbing her off.

The temperature probe is likely faulty, which caused the oven to heat beyond what it should do (do you ever notice food getting burnt in the oven?). The extra pressure caused by the fan in the oven, and likely some baked on grease on the glass, would have pushed the glass above it's integrity threshold and caused it to shatter. Anything touching the glass could also have contributed to this (e.g. a baking tray touching the door, which when hot would cause a weak point in the glass)

The probe itself could also be dirty and causing a false reading.

January

GEKKO135 wrote: »

Well she's been here once the last month and i'm paying for all the bills so it is very difficult to see how i'm a lodger. However, she doesn't have anyone renting her room as i think she likes to keep her options open and likes the idea of being able to come up to dublin when she likes. So..ye still a bit unsure what i am tbh. Nothing has been signed as of yet so maybe requesting a lease would be a good idea?

I will contact threshold tomorrow and see if they can help.

I'm a first time renter so i'm a bit taken back by the situation. Thanks for the advice, much appreciated.

Eh no... your "room mate" is claiming she is still living in the house so she doesn't have to declare the income for tax purposes, if she is an owner occupier she can earn up to a certain amount without having to pay tax on it.

http://www.citizensinformation.ie/en/housing/owning_a_home/home_owners/rent_a_room_scheme.html

D3PO

Firstly nobody can tell her over the phone what the cause of a fault is. Its prepostureous to even suggest that.

Tell her

1) That the manufactuer cannot attribute a fault without looking at the oven. So tell her that the root cause has as much relevence as a bag of sand in a desert.

2) Tell her that if you cannot discuss this rationally you will report this to the PRTB as a dispute (if she knows what she is talking abotu she might try and advsie as you are a lodger your not covered) doesnt sound to me like you are a lodger. I would counter this by saying you will report her living arrangements to the revenue and let them decide if she is "renting a room" for tax purposes.

There is no way your at fault here do not get pushed into a corner.

quozl

I would do what D3PO suggested.

Also, the idea that 10 beer bottles by the kitchen sink makes you a negligent lodger (and what that actually means, if anything!) is nonsense. It'd be humorous if it wasn't so unpleasant for you.