Rental agents Problem

[onedah]

Hi,

I am currently renting and have been in the rental property for 5 months, during June we went away on holiday for 3 weeks and the agents asked if they could come in and paint the house as we had a boiler leek a few week earlier.

When we returned from our trip, we were surprised to come back to our house that was left in a mess and not even completed the whole job. We also found that the painter had dropped paint on our rug. So we informed the agents who said they would get there carpet cleaner out to sort the rug out and also said that we should check the other furniture.

We received a call from the carpet cleaner who asked a few questions about the rug and we explained that it was a hand woven rug costing over �500. The Carpet cleaner advised us that he would not be able to take the paint off as there is a chance that we could end up damaging the rug further.
I contacted the agent who has now said that I need to contact the painter to sort the problem out.

Can some one advice who is responsible for the damage to the rug? I would have thought it is up to the agents to sort out but I'm not sure were I stand legally?

Any help would be appreciated.

[pingping]

as the rug is your own property, and not part of the fixtures and fittings of the flat, then I'm not sure that it is the responsibility of the agent to resolve. Try giving the painter a ring to discuss.

[flyciderman]

Either the agent or the landlord appointed the painter so e dealing with the painter. Then get a valuation and repot that your rug is damaged and can not be cleaned sent this to the agent tell the agent that either they or the landlord gets a replacement or they give you the money

[themas]

You do not have a contract with the painter - the agent or landlord does - so they are responsible for sorting this out. Sounds like the agent is just being lazy.

If you have contents insurance covering accidental damage you could talk to your insurer & see what they say - but there is no reason why they should pay up when the fault lies with the painter.

If the rug can't be cleaned (& you may have to get an "expert" report to confirm this) then what you want is the cost of an equivalent replacement.

[Peter Pedant]

You dont have a contgract with the painter
but you do have a case in Tort specifically negligence.

Small cclaim fill out the form

as this is negligence you have to plead it formally somewhere in the form and try something like

When a painter paints a house he is obliged to do this carefully and with care.
If he had done this carefully he would not have spilt drip or drips on my carpet
he owes me a duty of care as it is foreseeable that his actions may lead to damage of my property as I was occupying the house at the time he painted in it.

and see what happens

First of all demand � 500 from him for a new carpet and point out that he is insured against negligence and that is what you are claiming in.

Good Luck

[onedah]

Hi,

Thanks to all who have provided help and feedback. I have managed to sort out the problem with the Agents who have agreed with the painters to either pay for a replacement rug or try and get a rug expert to try and take off the paint.

Thanks again