Rental Agreement Issue - Damages

[TehBen]

Hi,

I've just arrived home to find my water pump dead. Smoke everywhere.

At a guess I would say that the water pressure dropped again and the pump continued to pump air (or tried to) until it eventually overheated and failed. It has done this before and we have had to unplug it manually to stop it burning out. This time, however, there was nothing we could do as we weren't to know that the water pressure would drop while we were out. Also, I am sure that pumps should have safety cut-offs installed in case this happens...

So I called the landlady and she said that it is our responsibility and we should have unplugged it. Even though we obviously were not in.

My view is that we did not do anything unreasonable and it was impossible to prevent on our behalf unless we unplug the pump whenever we are not using water.

From a legal standpoint it seems like a grey area and the possibility that the pump was faulty and therefore failed to cut off the power if there is no water pressure would only lead to us being responsible for 'inaction', with it being something that we should know or find out.

I know I am going to have to pay for it, but I would like to know if anyone could advise us on the true legal position that we are in. Do I have a point thinking that it is unreasonable for us to be expected to know that it may overheat, or is it a breakage due to 'inaction' on our part?

NB. I have lived in this house for 4 years now have paid a fair amount in repairs for general wear and tear.

Section 562. The hirer is liable for any loss or damage caused to the property hired by his own fault or by the fault of persons living with him or being his subhirer.

But he is not liable for loss or damage resulting from proper use.

Edited November 27, 2011 by TehBen

[LennyW]

Compare your costs to pursue this in any legal manner (who knows how many thousands) to replacing a pump...sub 10 thousand.

It could be said that you knew there was a fault with the pump/pumping system but you did nothing about it....not blaming you..just playing devils advocate....imagine the scenario if you were to go to court??

At a guess I would say that the water pressure dropped again and the pump continued to pump air (or tried to) until it eventually overheated and failed. It has done this before and we have had to unplug it manually to stop it burning out. This time, however, there was nothing we could do as we weren't to know that the water pressure would drop while we were out.

[paulchiangmai]

Are we talking about a centrifigal pump here? If so how does a lack of water cause the motor to burn out. I can understand it burning out the seal but why would the motor burn out, please enlighten me.

[TehBen]

Thats what I thought. But seeing as I am not a registered plumber and was not directed to unplug the pump whenever x scenario happens, my question was whether a 'reasonable' person would be expected to know that it was faulty.

Like I said, I will almost certainly end up paying for it, and I would rather that than god knows how long and how much to take it to court, but I was curious...

Edit: In reply to the above, I have no idea. I expect you know more about it than me. All I know is I came home and there was smoke everywhere and I am pretty sure it is/was coming from the pump. It smells like a motor has burnt out. I don't know anything about plumbing or pumps, but I recognise that smell.

I would hazard a guess that continued usage, as in + 1 hour, that pump was not designed for, but I could be (and probably am) wrong.

Edited November 27, 2011 by TehBen

[chiangmaibruce]

Your thread title says it's a "rental agreement issue", but then ask "I would like to know if anyone could advise us on the true legal position that we are in" ... without providing a copy of the rental agreement ... am I alone in this forum in lacking mind-reading powers?

[TehBen]

With fear of sounding a little harsh, the information provided above should be enough for people who have some knowledge of the legalities of lease agreements in Thailand to post their thoughts or suggestions. Though I do understand that it would be important to view a copy of the rental agreement, you could assume that it is a standard agreement that does not specifically refer to any unreasonable responsibilities on the part of the lessee, and therefore make a judgement based on your own experience of lease agreements.

So far I have received 3 replies, none of which attempting to answer the question I posed.

In any case, the matter is now closed as I have repaired the water pump myself.

[haveaniceday]

Not answering your personal issue, but as a general related question.

I presume we are talking about a small household pump, I assumed that one of these would have a thermal cut off switch in them, anyone more enlightent than me care to comment?

[TehBen]

I don't think there is a thermal cut-off relay. I think that there is just a relay that is activated by pressure (or lack of).

If the pressure activated relay was working correctly there would be little opportunity for a thermal cut-off to be activated.