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3 posts

Wannabe Geek


# 175611 6-Jul-2015 09:20
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Hi There,

 

I recently stayed in a batch over the weekend. A pot of food was left on and ended up setting on fire. This sent plumes of smoke throughout the batch and has now caused smoke damage to the curtains, couches, carpets and bedding as the person cooking fell asleep. 

My concern is, there were smoke alarms in the batch, but they were not working. The rental agencies is trying to charge us with the bill for the cleaning, but had the smoke alarms been working, we would have caught this before it happened.

Where do I stand here? 

 

Thanks,

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  # 1337595 6-Jul-2015 09:26
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I would ask a lawyer or citizens advice bureau.

IANAL but in my view the smoke alarm could be at best be seen as a device to help save lives. There is no evidence that the occupants could have put out the fire and reduce damages should the alarm be working.





xpd

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  # 1337606 6-Jul-2015 09:36
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If it was rented via an agency, then Id think they were responsible for ensuring the unit was safe to be used, inc checking the smoke alarms after each tenant or at least every 3 months.

But IANAL.....




XPD / Gavin / DemiseNZ

 

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  # 1337626 6-Jul-2015 09:40
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Best to ask a lawyer, but did you sign anything  when you rented the property? What does it say in that about damages?





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Wannabe Geek


  # 1337628 6-Jul-2015 09:44
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There was no documents to be signed. I was given a booking statement quote and if I was happy with that, the 20% deposit insured that the batch was booked.

I would have thought that this would have been a a huge risk to our lives as the smoke literally was clouded in the house for over an hour and a half.

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  # 1337640 6-Jul-2015 09:47
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Smoke alarms aren't mandatory AFAIK. You caused damage, you're responsible for it.

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  # 1337641 6-Jul-2015 09:48
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claim it on your contents insurance??

powered smoke alarms should be mandatory, now and certainly mandatory on new builds..whats the point in having a critical safety device that goes flat all the time.

mdf

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  # 1337643 6-Jul-2015 09:51
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timmmay: Smoke alarms aren't mandatory AFAIK. You caused damage, you're responsible for it.


They're only mandatory in new builds. Much to the Fire Service's disgust.

Rules might be different for commercial properties, but from context, it sounds like this was the private hire of a batch.

 
 
 
 


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  # 1337644 6-Jul-2015 09:52
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Get professional advice, but my unless anything has changed relatively recently in regards to laws on this, smoke alarms are not a mandatory requirement (and even if they were, they are not a fire suppressant, and are intended to notify people that there is potential danger in a life-saving capacity), and it was the action of the tenant that caused the damage. If the smoke alarms had not been present at all, would events have unfolded any differently? It seems likely not.

xpd

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  # 1337650 6-Jul-2015 09:57
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AndreM: There was no documents to be signed. I was given a booking statement quote and if I was happy with that, the 20% deposit insured that the batch was booked.

I would have thought that this would have been a a huge risk to our lives as the smoke literally was clouded in the house for over an hour and a half.


Was this via Bachcare/Bookabach ?





XPD / Gavin / DemiseNZ

 

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"If Pinocchio says “My Nose Will Grow Now”, it would cause a paradox."




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Wannabe Geek


  # 1337653 6-Jul-2015 10:01
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Yes this was via Bachcare/Bookabach

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  # 1337668 6-Jul-2015 10:24
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timmmay: Smoke alarms aren't mandatory AFAIK. You caused damage, you're responsible for it.

 

 

Same general conclusion from this thread http://www.geekzone.co.nz/forums.asp?forumid=141&topicid=143685

 

 

There is no legal requirement for an existing dwelling to have working smoke alarms,(New ones do thou) So as above, its your damage you are liable for it..... ( claim it off your contents insurance, which will include a sum for public liability)

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  # 1337674 6-Jul-2015 10:28
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timmmay: Smoke alarms aren't mandatory AFAIK. You caused damage, you're responsible for it.

Good lesson for everyone reading this. Check out the details around insurance and damage liability when renting from private owners. If you're not covered like in your own home, avoid.  

Maybe legislation needs updating too -- with the advent of internet booking agents such as BnB, uber, bookabach type services the old liability laws are designed for a different era of low frequency transactions.

xpd

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  # 1337709 6-Jul-2015 11:08
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AndreM: Yes this was via Bachcare/Bookabach


Bookabach do advise their property owners to check smoke alarms etc, not sure about Bachcare but they have dedicated bach "managers" who probably do that sort of check.

If the smoke alarms were present but not working, then the rental company and/or owner should take some responsibility - maybe go 50/50 in the fee. 





XPD / Gavin / DemiseNZ

 

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"If Pinocchio says “My Nose Will Grow Now”, it would cause a paradox."


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  # 1337859 6-Jul-2015 13:52
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AndreM: The rental agencies is trying to charge us with the bill for the cleaning...


because you caused the damage.
Dont try to find some obscure loophole to get out of taking responsibility for your actions.

When did you last test the smoke alarms, ie take the time to push the test button.
When did you last the change the batts in the smoke alarms .
Thank your lucky stars youre still alive
:-)

xpd

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  # 1337880 6-Jul-2015 14:15
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1101:

When did you last test the smoke alarms, ie take the time to push the test button.
When did you last the change the batts in the smoke alarms .
Thank your lucky stars youre still alive
:-)


Its not a rental home, its a holiday bach he rented for a weekend/week. 





XPD / Gavin / DemiseNZ

 

Server : i3-3240 @ 3.40GHz  16GB RAM  Win 10 Pro    Workstation : i5-3570K @ 3.40GHz  16GB RAM  RX580 4GB Win 10 Pro    Console : Xbox One

 

https://www.xpd.co.nz - Games, geeks, and my attempts at photography.     Now on BigPipe 100/100 and 2Talk

 

"If Pinocchio says “My Nose Will Grow Now”, it would cause a paradox."


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