More people than ever before are opting to put their property into storage, but while it’s a cost-effective solution for some, it doesn’t always work out as planned – as Sunday People reader Patricia knows only too well.
When her mother died, Patricia inherited her house and its contents, including three original paintings worth up to £15,000 each.
She couldn’t immediately decide what to keep and what to sell so agreed a six-month contract with a local storage company.
Patricia handed over a list of everything being stored, then went on to take out insurance after the company informed her that it was her responsibility to do so.
But when she returned to collect her belongings four months later, Patricia was horrified to discover that rodents had moved in to the storage unit, destroying two of her mother’s precious paintings.
She lodged a complaint with the storage company in February 2018, but was referred to its terms and conditions, which stated that she must insure the goods.
Patricia then contacted her insurer who confirmed that while she was insured, rodent damage was not part of her policy.
After referring the matter back to the storage company, Patricia was pointed to another section of the terms and conditions which said “goods are stored entirely at your risk”.
Furious, at this stage, Patricia contacted me.
Does she have a claim
After speaking to staff at the storage company, it was clear they felt sure they had absolutely no liability due to these exclusions – but I explained they were wrong.
The Consumer Rights Act clearly states that services (such as providing a storage facilities) must be provided with “reasonable care and skill”.
In Patricia’s case, this means the facility should be clean, secure, water-tight and free any other factors that would cause damage – such as rodents.
By failing to meet this obligation, the storage company became liable and the obligations set out in the Consumer Rights Act trumped all of the exclusions in its terms.
The company has now made Patricia an offer and, in my view, will end up accepting full liability.
See more advice from Dean on theconsumerlawyer.blog.
