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Paul Solomons

  • Posts: 2
Legal issue, quick advice needed
« on: March 15, 2009, 07:08:18 pm »
I carried out a carpet clean in an empty Flat in Brighton on Friday, as the property was unoccupied I switched on the imersion heater and waited for 20 minutes for the water to heat.  Unfortunately I forgot to switch the imersion off when leaving (hands up to that) but the landlord, on inspection today has left me a message to say the the imersion has over heated and caused substansial condensation damage in the room where it's housed - does anyone know whether these units are suposed to have thermostats? I'd like to be able to argue that I'm not totally responsible for the damage caused before I make contact with him on Monday.

Many thanks in advance

Paul

davep

  • Posts: 2589
Re: Legal issue, quick advice needed
« Reply #1 on: March 15, 2009, 07:24:04 pm »
Get in touch with the f s b if your a member, maybe say you want someone not connected to inspect it?

colin fitch

  • Posts: 148
Re: Legal issue, quick advice needed
« Reply #2 on: March 15, 2009, 07:37:05 pm »
yes immersion heaters do have a thermostat fitted to control water temperature.

colin.

derek west

Re: Legal issue, quick advice needed
« Reply #3 on: March 15, 2009, 07:45:23 pm »
what happens when a tennant switches it on? will that be there fault too?
sounds to me like he's trying to pull a fast one, i'd offer him compensation for the electric you used and if he don't agree to that then, see ya in court landlord.
its his responsibilty to make sure all electrical appliances are safe, not just for his tennants but for people he employs to work there too, you've done him a favour by bringing this fault to his attention.
derek

Joe H

Re: Legal issue, quick advice needed
« Reply #4 on: March 15, 2009, 07:46:15 pm »
It is wise to have a thermostat fitted, but is there a legal requirement to have one fitted and be in working condition.

I think this will be a difficult one to get out of - he is obviously inferring you were neglegent in leaving it on.

Im assuming your machine does not have any form of heater.

John Kelly

  • Posts: 4461
Re: Legal issue, quick advice needed
« Reply #5 on: March 15, 2009, 07:51:09 pm »
Forgetting to switch off a heater which should be regulated (if its not its a kettle) cannot be deemed to be negligent. Emersion heaters are designed to be left on. This one was faulty, if in deed it has caused any damage, no blame could be attached to you.
Tough it out, I bet he hasn't paid you yet!

David Ware

  • Posts: 300
Re: Legal issue, quick advice needed
« Reply #6 on: March 15, 2009, 07:52:27 pm »
I would have thought that the Landlord should have done a Risk Assessment on the property being work upon. Ask to see his RA. Should shut him up.
Bottom line is you never touched the heater.

David Ware

Ken Wainwright

  • Posts: 2107
Re: Legal issue, quick advice needed
« Reply #7 on: March 15, 2009, 08:03:30 pm »
1) How can a sealed hot water tank cause condensation? As far as I'm aware, it cant happen, faulty thermostat or not. My suspicion is that the house was locked up by you for security reasons in the absence of a householder/tennant, so the drying carpets may well be the reason for the condensation.

2) If the thermostat was shown to be faulty, surely it would fail the electrical testing for which the landlord would have a certificate?

3) If you are an NCCA Member, use the free Legal Advice Helpline (call the NCCA Office for details)

Safe and happy cleaning :)
Ken
Veni, vidi vici, Vaxi
I came, I saw, I conquered, I cleaned up!

John Milnes

Re: Legal issue, quick advice needed
« Reply #8 on: March 15, 2009, 08:18:21 pm »
I would say it's his problem and the overheating is unsafe and also his problem.
If the emersion aint functioning properly, how can he blame you!

I would ignore him and take him to court if he hasn't paid, deducting a few quid for the electric. ;D

The Great One

  • Posts: 12004
Re: Legal issue, quick advice needed
« Reply #9 on: March 15, 2009, 08:25:43 pm »
Hi Paul

Sent you an email, if you need help locally please give me a call.

What damage is there, paint peeling, mould (doubt it in 3 days), paint peeling, smell
of some kind?

Regards

Martin 8)

Paul Solomons

  • Posts: 2
Re: Legal issue, quick advice needed
« Reply #10 on: March 15, 2009, 09:09:34 pm »
Many thanks for all the responses, much appriciated.

My machine (prochem) has not got a heater so I am reliant on the properties having hot water.  The point made about the heater being a sealed unit is a very good point, I had already considered that the condense may have been caused by the drying carpet but the landlord stated that the electrics had also fused which I assume lead him to the conclusion that it was the imersion?

I have had problems in the past with condense a few years back but with some heating and ventilation there was no lasting damage.

And no, I haven't been paid as yet!  I'll have the conversation with the landlord tommorow morning on the back of your kind suggestions and post how I get on.

Many thanks

Paul