Hired equipment stays the property of the trader who supplies it. Whether a damage waiver is worth taking depends on its written terms, so the sensible starting point is to understand the duties that apply with or without one.
Who owns the equipment and who looks after it
Ownership of hired goods stays with the trader who hired them out, according to Bromley Council's guidance on hiring goods.
Keep a record of how the equipment was used and stored while it was with you.
Consumer rights when hired goods fall short
The Consumer Rights Act 2015 gives consumers rights against a trader where hired goods fail to meet expectations, for example because they are faulty or unsafe. The Act also requires that a hire service is carried out with reasonable care and skill. A consumer hire agreement lasting more than three months is regulated by the Consumer Credit Act 1974, while shorter hire agreements are not.
The legislation itself is published on legislation.gov.uk, where the Act is shown as up to date with all changes known to be in force on or before 10 November 2026. Check that page before relying on any summary, including this one, because rules can change.
Responsibilities for work equipment
If you hire plant, tools or access equipment for a job, the safety rules sit alongside the contract. The Health and Safety Executive states that firms that hire out work equipment are responsible for ensuring that the equipment is safe to use at the point of hire. Its FAQ on the Provision and Use of Work Equipment Regulations (PUWER) adds that those hiring out work equipment also have responsibilities under PUWER, and under LOLER for lifting equipment, in so far as they exercise control over that equipment, for example by ensuring that thorough examinations and routine inspections have taken place at the required intervals.
The same HSE guidance sets out the core aims of PUWER, which include ensuring work equipment is safely used by trained people and inspecting and maintaining work equipment so it remains safe. Ask the hire firm which inspections it has carried out and which, if any, are left to you.
A practical checklist before you accept or decline a waiver
- Ask for the damage waiver terms in writing, and read what it excludes before you decide.
- Check whether theft is covered separately from accidental damage, and whether misuse or neglect is excluded.
- Note the deadline for reporting damage and the contact route the firm gives in its terms.
- Photograph or video the equipment at collection, noting any existing marks, and keep copies.
- For work equipment, confirm which inspection and maintenance tasks the firm has completed and which fall to your business.
- Keep the hire paperwork and waiver confirmation until the equipment has been returned and any issue is closed.
What drives the cost
Confirm the figure with the company or council before you book, and do not rely on a figure from an unofficial source.
