Structural repair/ tenant negligence

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    Structural repair/ tenant negligence

    My tenant has broken one of the three wooden sashes in the living room which was painted shut. In an attempt to open it he has forced the frame and the wood has snapped on the edge and in the middle.

    He did not report this to me for 2years and I've just spotted it after him moving out. The tenant refuses to pay for the repair to the extent of a new window; as it cannot be repaired.

    The tenant is claiming the window was rotten and it was my obligation to repair which I know structurally is the case however I'm certain had it genuinely broke when he was there then he would have notified me given thelist of other complaints.

    Furthermore the window does not look rotten and the snap in the frame has clearly had an impact,would it be reasonable to hold him liable fully or part liable for this??? I believe he damaged the window by shear negligence along with much of the flat.

    Be interested to get your thoughts.
    Thanks in advance

    #2
    Very difficult to prove he broke it. Argument against you for the window being painted shut in the first place. If it went to arbitration, I do not think you would win.

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      #3
      Agree with bbva.. Unless you have inventory/photos showing start-of-tenancy condition of sashes I think any arbitration will go against you. SUMO!!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        great!, thanks. The flat was a newly renovated in 2005-
        I have inventory stating excellent and photos of it not broken before he moved in.
        I will not be going through arbitration for other reasons,
        would the court look on my side more favourably?

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          #5
          If at least one of the other windows in the room was easily openable (for fire escape purposes) and the one which was painted shut was painted shut but unbroken like that to begin with, I do not see why you cannot claim for its repair from T's deposit.

          Presumably he accepted the tenancy having viewed the property and if he didn't like the fact that the window as painted shut, he should have raised it before signing the contract. He had no right to attempt to un-stick it without consulting you first.

          However if all the windows in the room were painted shut, then I would let that one go as it compromises fire safety.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Originally posted by bandontherun
            If its a traditional wooden sash window every single component is obtainable to be scarfed in by a competent chippie. If there's no rot it is repairable, if you can find an old school carpenter. You say the flat was newly renovated in 2005 before the tenant moved in. That's quite a long time ago. If rebuilding a sash window and a bit of decoration is all you've really had to do in seven years, stroll on!
            I'm not sure that's what OP actually said. T might not have moved in immediately after the renovation, and he has damaged other things:

            Originally posted by pawel View Post
            I believe he damaged the window by shear negligence along with much of the flat.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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