accidental fire.

consie

Last Sunday, I had oil on the electric hob and I was putting my rubbish out into the hallway whist the oil was heating. The hall door is on a hinge and closed out behind me and I got locked out. I had my phone so rang my bf who rushed home but it took him 20mins or so. When he got back the pot was in flames so we managed to put the fire out. However, the cooker hood is damaged needing replacing as well as the doors either side have melting on the side panel. The walls and ceiling are also black requiring painting. I spoke to the landlord (who is a construction company) who advise that I will be liable for the damage. I advised them it was accidental and did they not have insurance. They advise that their insurance has an excess of €2500 and that on top of that, they view it as negligence on my part for letting the door close out.... Can anyone help on this with advising do I have to pay for the damages or can I dispute this. I have already asked them to see a copy of the insurance policy but am waiting for this.

Lantus

As tenants you are liable for damage that you cause other than general wear and tear. It wasn't a fault of any device but was clearly you that caused the damage allbeit unintentionally.

The fact that is was an accident is no real reason. There would be few occassions where anyone actually intended to damage something after all?

However, am I right in saying that the deposit is the most that you can loose? The ladlords insurance is his own business and nothing to with you, dont get involved. The deposit is to cover damage. If the landlord wanted you to pay more then he'd have to take you to court which is expensive in itself. And as you say he has insurance......

I think your deposit is as good as gone as no doubt the work would be more than 800-1500 or whatever your paying per calendar month. edit - cooker hood, doors and panels and some paint shouldn't be too much if he fits it himself (and it sounds like he could.) dont panic. as long as smoke damage and smell isn't too extensive. i.e. whole rooms needs repainting.

Aka Ishur

I'm always the strongest advocat for tenants usually but this really annoys me. I'm sorry but cop on!

• You put pan on heat.
• You neglected your responsibilities for said pan.

Thats all. It being an accident doesnt magically make it not your fault or responsibility. Sheesh!





/me goes to corner to think about nice things....

consie

Sorry we are not all as perfect as you Aka

djimi

Lantus wrote: »

However, am I right in saying that the deposit is the most that you can loose? The ladlords insurance is his own business and nothing to with you, dont get involved. The deposit is to cover damage. If the landlord wanted you to pay more then he'd have to take you to court which is expensive in itself. And as you say he has insurance......

I think your deposit is as good as gone as no doubt the work would be more than 800-1500 or whatever your paying per calendar month. edit - cooker hood, doors and panels and some paint shouldn't be too much if he fits it himself (and it sounds like he could.) dont panic. as long as smoke damage and smell isn't too extensive. i.e. whole rooms needs repainting.

Im fairly sure the landlord can take a case against the tenant to the PRTB to recover the costs of the damage beyond the deposit; but Im not 100% certain about that. I seem to remember someone listing some PRTB cases where the landlord was awarded money to put right damage caused by tenants.

As for the OP; of course you are liable for this. This was not an accident; you left a pot full of oil unattended and you damn near burned down the building. The fact that the door closed on you is neither here nor there; you never leave a pot full of oil unattended on a cooker, even for a minute. This was caused by your negligence and the landlord has every right to persue you for the cost of the damage.

consie

Thanks Lantus for your reply! I am pretty sure I am liable but I just wanted to be sure there was nothing else I needed to cover with them first.

Ray Palmer

Lantus wrote: »

As tenants you are liable for damage that you cause other than general wear and tear. It wasn't a fault of any device but was clearly you that caused the damage allbeit unintentionally.

The fact that is was an accident is no real reason. There would be few occassions where anyone actually intended to damage something after all?

However, am I right in saying that the deposit is the most that you can loose? The ladlords insurance is his own business and nothing to with you, dont get involved. The deposit is to cover damage. If the landlord wanted you to pay more then he'd have to take you to court which is expensive in itself. And as you say he has insurance......

I think your deposit is as good as gone as no doubt the work would be more than 800-1500 or whatever your paying per calendar month. edit - cooker hood, doors and panels and some paint shouldn't be too much if he fits it himself (and it sounds like he could.) dont panic. as long as smoke damage and smell isn't too extensive. i.e. whole rooms needs repainting.

Not true.
The tenant is liable for damage and costs and not limited by deposit amount. Small claims court is not expensive.
No reason for the LL to do the work himself tenant pays. He would be working to save the tenant money why would he bother?
Deposit remains and you pay for the damage and replacement costs.
OP be greatful you didn't burn down the building and kill somebody

Victor

In cases like this, you break down the door - you don't wait 20 minutes for someone.

You are liable. Note that you may need to have some of the plasterwork re-done also.

aN.Droid

Victor wrote: »

In cases like this, you break down the door - you don't wait 20 minutes for someone.

You are liable. Note that you may need to have some of the plasterwork re-done also.

Not an easy task to break down the outside door of most apartments as they would be heavy duty to deter fire spreading and burglaries.

Graces7

Victor wrote: »

In cases like this, you break down the door - you don't wait 20 minutes for someone.

You are liable. Note that you may need to have some of the plasterwork re-done also.

I think that this is rather harsh. I once had jam burn as someone arrived on a tractor at the kitchen window, the dogs went ballistic and I simply forgot to turn the gas off. Thankfully all that was lost was the jam and the pan.

And I like many others, am not physically capable of breaking a door in.

Doors that lock on impact are a danger in themselves and I would never accept them.

The lock is the real culprit here.

It was a sheer accident is all. OP I would raise the issue of the lock/door with the landlord. And remind him to be thankful that you had your phone with you.

This could happen to anyone; does everyone here for example turn everything off when they go to the bathroom?

omega666

Graces7 wrote: »

This could happen to anyone; does everyone here for example turn everything off when they go to the bathroom?

not if your staying in the house , but if i was leaving the apt even just going to the bins i would always make sure i had my keys with me first.

may be an accident but still the OP fault for locking him/her self out of the apt. What if the whole place had burned to the ground??

djimi

Graces7 wrote: »

I think that this is rather harsh. I once had jam burn as someone arrived on a tractor at the kitchen window, the dogs went ballistic and I simply forgot to turn the gas off. Thankfully all that was lost was the jam and the pan.

And I like many others, am not physically capable of breaking a door in.

Doors that lock on impact are a danger in themselves and I would never accept them.

The lock is the real culprit here.

It was a sheer accident is all. OP I would raise the issue of the lock/door with the landlord. And remind him to be thankful that you had your phone with you.

This could happen to anyone; does everyone here for example turn everything off when they go to the bathroom?

In fairness you never leave a pot of oil unattended for any reason, and you certainly dont go outside while one is sitting on the cooker! There is nothing wrong or unusual about the lock or door and it did not cause this to happen.

markpb

Graces7 wrote: »

Doors that lock on impact are a danger in themselves and I would never accept them. The lock is the real culprit here.

I accept that a self-locking door might be inconvenient but dangerous?

The_Conductor

And closed.