Tenant breaks window

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    Tenant breaks window

    Problem: Tenant broke patio door window (inside pane of double glazing).

    My tenant had a small accident resulting in the above. No injuries firstly.
    I'm certainly going to assist to organise quotes to ensure a decent replacement, however, from the tenants stance so far, he's indicating that I should claim on my buildings insurance.

    As a tenant in the past, I would have paid for any breakages I caused myself, irrelevant of whether who's insurance covers what.

    Additionally, my contract with the tenant also mentions that the tenant should "keep windows clean and replace any damaged glass".

    The tenant is generally good, pays on time, and is stable.

    You comments / thoughts greatly appreciated. Cheers!

    #2
    I would gripfill hardboard over the broken window and leave it at that.

    Comment


      #3
      Explain to the tenant that even if you claim on your buildings insurance (which you are not obligated to have) he pays the insurance excess and the sum of the increased premiums over the next 10 years. That will likely work out more than him paying for the damage he has caused.

      If tenant plays hard-ball you will probably be better off evicting. It predicts later problems.

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        #4
        +1 the advice above (both)

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          #5
          I don't think you have to go to the exremes of altering the tenancy agreement. Just make it plain that if he breaks anything he pays - quite logical really. I tend to find that glass breaking is often not a one off occurance. I don't know if it is lifestyle or what but some tenants and their children just seem careless with glass.



          Freedom at the point of zero............

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            #6
            Thanks all for replies so far. It seems we're all on the same page at least, that we follow logic.
            Should the tenant refuse though, any further thoughts?

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              #7
              The A.S.T. ( contract ) states;
              the tenant should "keep windows clean and replace any damaged glass".

              Therefore, stick to the agreement, and tell him that he agreed to replace any damaged glass, and YOU will have it repaired, and send him the bill. + no more communications will be entered into on this matter.

              Comment


                #8
                Originally posted by monsterp View Post
                Thanks all for replies so far. It seems we're all on the same page at least, that we follow logic.
                Should the tenant refuse though, any further thoughts?
                Get the s21 is in the post!
                Take it from the deposit at the end of tenancy.

                Comment


                  #9
                  Originally posted by monsterp View Post
                  I'm certainly going to assist to organise quotes to ensure a decent replacement
                  I think you need to do more than assist. You need to secure the property by either boarding it up or replacing the glass and re-charging the tenant. If you don't and just send a s21 notice, the tenant could claim revenge eviction if they wrote to you formally about this maintenance issue, and that would prevent you evicting for 6 months

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                    #10
                    Repair window now. if T won't pay, deduct cost from his deposit at end of T.

                    Comment


                      #11
                      Originally posted by mariner View Post
                      Repair window now. if T won't pay, deduct cost from his deposit at end of T.
                      Agree: It is (see s11 LL&T Act 1985) landlord's responsibility to do so: Tenancy clause doesn't (cannot, may not, legally impossible) to change that responsibility(**). If LL feels tenant is responsible he can & should take action as mariner advises, or sue.

                      Not fixing (or a temp fix) might cause problems with council later.

                      ** Suggest revision of tenancy clause to
                      "keep windows clean and pay for repair of any damaged glass".
                      - but even that probably iffy (what if a passing oaf throws a brick through window...).
                      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...

                      Comment


                        #12
                        Originally posted by theartfullodger View Post
                        but even that probably iffy (what if a passing oaf throws a brick through window...).
                        Tenant is responsible for actions of oaf.

                        What happens in the property while the tenant is responsible for it is (inherently) the tenant's responsibility.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          Originally posted by jpkeates View Post
                          Tenant is responsible for actions of oaf.

                          What happens in the property while the tenant is responsible for it is (inherently) the tenant's responsibility.
                          Ah, I think we've been here before jpkeates. (faulty door lock and break in?) Tenant isn't responsible for criminal damage as far as I'm aware. Landlord's property, landlord's insurable risk. If the tenant can be implicated, including his friends and family, that would be a different matter.

                          Where would you expect a tenant's liability to end? Civil riot?

                          Comment


                            #14
                            I'm sure we have Mr Duff!

                            Criminal damage is a red herring - there's no way of knowing whether the damage was criminal or not unless a court decides it was.
                            So a broken window (or lock or whatever) is simply "damage" when it needs to be fixed.

                            The tenant can insure against the risk if they want - although few do.

                            The tenant has to return the property as they were given it less fair wear and tear (some tenancy agreement have provisions for fire or flood).
                            If the tenant returned the property with a broken window or lock, the landlord would recover the loss from the tenant.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Thanks for the further comments, although some digressed a little :-)
                              The tenant is good and stable, so I won't be needing to go the Secion 21 route. He's been there a decade. Unfortunately, he tends to be a little impatient if something isn't perfect, and whilst I've tried 8 companies today, some have been closed, others over-loaded with work for the next couple of weeks, and in the end I've only got hold of two, who have agreed to quote and are in progress.

                              The tenant has, however, offered to do the repair himself, which I've refused, on the basis of ensuring a correct job done (bearing in mind the exact measurements needed), plus losing guarantees for the double-glazing unit if it's not fitted on site by a professional.

                              Any insurance claim will be fruitless, as the repair will be similar to the excess, plus, there's no reason for me to put it through my insurance as it's not my fault.

                              The window is secure by means of the other pane in the unit not broken.

                              Comment

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