Can I keep my rug?

[rabbitygirl]

My landlord was negligent getting the roof mended and we had water running down walls and thru living room ceiling last week. No one in so my lovely hand tufted wool rug was soaked. The landlord has said he will pay for a new one (at my insistence). Does this make the old rug his or can I keep it ? (I may be able to mask the mild damp smell)

[Ethel]

He should really have it so he can try and recoup his costs by selling it, or claiming for it on his insurance, in which case the insurance company may want it.

The landlord's obligation is to put you in the position you were in before the incident - the owner of one good rug. If you are now saying it can be cleaned / restored to it's previous state, then really you should only be claiming the cost of doing this from your landlord.

However, if he doesn't ask for the rug within a reasonable time of replacing it, you can keep it.

[rabbitygirl]

Thanks Ethel - I thought thats how it would be. Its a bit more complex tho. We move in a few weeks and our current furniture and rug was to be used to dress my renovation project when completed. All the stuff I'm using with it picks out the colours. It will be v hard to replace. Thats why I want to keep it.
I was wondering if I could actually buy one in different colours for my new home instead. Problems, problems (albeit slight in the grand scheme of things) I'm being greedy but he was negligent and came within a whisker of ruining our new TV and blowing his electrics. I dont think he has contents insurance as the contents are ours. i have cover tho and will get my ins. cos advice. Thanks again.

[cascarelli]

rabbitygirl - you should be claiming off your insurance not the LL. There is no reason for the LL to insure your contents, how could he? If necessary your insurance company will chase him to cover their costs if he is to blame. He should have building insurance which will cover him (probably) in that situation.

From what you're saying though, the insurance company should only be paying to get the rug cleaned, not replaced.

[Ethel]

I think the landlord should make good the damage he caused by his negligence. Claiming from the insurance will put your premiums up, and no doubt there will be an excess so you would still be out of pocket.

[rabbitygirl]

Exactly Ethel. The delayed roof repair cost him just �150 and me a treasured rug. I came home from a nasty scare on the motorway to find a water damaged rug actually sodden. I was very upset and trying to dry it has been a nightmare. The staining is all on the back so if I can overcome the slight whiff I could still use it as described. Its not just the money but the inconvenience and upset. I could search for ever to match this rugs colours - I've even sourced paint samples to go with it. I'm not usually a 'make em pay' type but I am in this instance.

[Peter Pedant]

I agree with Eth
The damage is clearly a foreseeable consequence of holes in the roof


Have you ever seen something mown down or damaged, and a ponce sticks his head out of a window and whines, you're insured, claim off your own insurance ?
I(t drives me crazy.


When I sued a company - DIxon's actually - over a computer, I was surprised when they sent around a courier four or five weeks after they settled, and called around for the old one - which really was what I had pleaded - a crock of old xxxx. So I gave it to them, thinking thank god I havent thrown it out.

PP

[Peter Pedant]

Don't be too soon to say its OK

A woollen carpet that stinks after it has been soaked means that it has started to rot - a loss adjuster told me.