Are fitted carpets landlord fitting or content?

Are fitted carpets landlord fitting or content?

15:21 PM, 15th March 2018, About 4 years ago 14

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We’ve just had a neighbour’s drain backup cause flooding in our lower ground floor flat bedroom. Luckily flat is between tenancies.

However, our block of flats landlord insurance company is refusing to cover our fitted carpet replacement, stating it’s content and as such not covered.

Our policy states under covered items: “Wide definition of buildings including: landlords’ fixtures and fittings, outbuildings, roads, garden machinery, garden furniture, trees and plants.” Insurer said if the carpet was glued down, it would be considered a fitting (who glues carpets down?). Out of curiosity, we asked if our wooden floors were covered – answer was yes, because they are “not easy to take up and move elsewhere”.

And a fitted carpet is?

I am not seeing the logic and the agent had a hard time explaining the discrepancy. Does anyone have any similar experience?

Is there any way of challenging this?

It’s in my view very misleading wording in the policy.

Thank you

Gabriela



Comments

by Puzzler

18:45 PM, 18th March 2018, About 4 years ago

There is the rub - flooring does not equal carpets. I would take it to mean the floor itself. However, if his drain caused it and he knew then you might have a claim. You certainly would if he doesn't fix it and it happens again. Take photos if you can (of the drain not the carpet). Press him to tell you when it's to be fixed and provide you with a copy of the receipt or whatever.

by Ian Narbeth

9:46 AM, 19th March 2018, About 4 years ago

Reply to the comment left by Paul Fay at 16/03/2018 - 21:23Paul
That is not correct and the case of Rylands v Fletcher established strict liability. Furthermore, the act in Rylands was a one-off not a repeat occurrence. I am not saying Rylands will apply in the OP's case - I deliberately wrote "might have a claim".
However your assertion is not a correct statement of the law.

by Ian Narbeth

9:52 AM, 19th March 2018, About 4 years ago

Reply to the comment left by Ian Cognito at 16/03/2018 - 14:58
Sorry to disabuse you Ian Cognito but a seller is entitled to take the fitted carpets unless he has agreed to leave them. The fact that most people do not do so in practice is irrelevant. As a matter of law - unless exceptionally the carpet has become a fixture (for example a carpet made specificllly for a special room in a listed building might attain that status) - the carpet is not part of the property

by Michael Barnes

21:01 PM, 20th March 2018, About 4 years ago

When I was young and not too well off, we moved and took our bedroom carpet with us, as our new bedroom was smaller.

Now that I am older and a bit better off, I probably would not take carpets with me.


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