Liability for rented scaffolding - Legal Advice

Questioner

I am a self-employed person, now I have rented a scaffolding from a company, I have not signed a rental agreement, the scaffolding was left on a closed construction site over the weekend and stolen, who is liable?

Lawyer

You have rented the scaffolding so you are liable to the landlord now that you cannot return the scaffolding. The person on whose property you built the scaffolding has fulfilled his obligation by closing off the property, in my opinion. The question is whether you are insured against theft through your own insurance or possibly through the landlord's insurance. That depends on the policy conditions.

Lawyer

Robert is right. And you will have to file a report if you want to be able to claim it from an insurance company. Because ultimately it is the thief who is liable for this, unfortunately he usually lies in the proverbial graveyard. How much you owe for the scaffolding depends on the age of the scaffolding.

Questioner

I am not insured for this and neither is the rental company, so what is the problem?

Lawyer

I advise you to look at the rental conditions, but it will undoubtedly state that you are liable for damage in the event of theft and that you are also obliged to pay the rent, usually up to the moment of theft. Therefore, follow Mrs. Laan's advice and report the theft immediately if you have not done so yet. Then contact your insurance agent and see if it is covered by your insurance. I understand that you cannot do anything about the scaffolding being stolen, but neither can the landlord. Therefore, you will have to consult with the landlord about how the damage will be compensated.

Questioner

I reported the incident the same day and it is not covered by my insurance, but it would have been if it had been my own scaffolding, but it was rented.

Lawyer

Then I can only advise you to consult with the landlord.

Questioner

But isn't it mandatory for a landlord to have a rental agreement signed?

Lawyer

No, contracts can be concluded both verbally and in writing. The only difference is that a written contract is easier to prove what the agreements are. As a tenant, you are liable for the loss of the rented property through theft or otherwise. This is only different if the contract explicitly states that the tenant is not liable for theft or loss (something that will only be included in a rental contract in exceptional cases, but that is besides the point). It is really best to talk to the landlord to investigate a solution. If you do not have the money to compensate for the damage, simply report this to the landlord. A good conversation often solves more than ten letters can.

Questioner

I will definitely sit down with them but I was working for a construction company sovik was employed by them. Their insurance says they are not insured under 10,000 euros. Can I get it back from them?