Broken window - Tenant´s or Landlord´s responsibility?

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    Broken window - Tenant´s or Landlord´s responsibility?

    Hello, I would very much appreciate some insights on this topic. My tenants informed me recently that the balcony double glazed window has cracked spontaneously, possibly due to the weather. The tradesman who was sent to investigate the possible cause for the crack informed me in writing that the damage was caused to the internal pane of glass, and the most likely cause was from the door being slammed or hit near the edge, as that is where the source of the damage is located. However, the tenant is adamant that he didn´t break the window. My management agency told me it is very difficult to prove that the tenant did it and past court cases tend to be in favour of the tenants. Given that the tradesman report suggesting that the damage was most likely caused by the tenant, I can´t claim the window replacement cost on the building insurance. Therefore I am thinking of replacing the window and then claim the replacement cost on the tenant deposit when the tenancy ends. I am wondering if anyone has any advice on this situation? Is the inventory check in report (which did not mention any problems with the window) and the tradesman report sufficient to make a claim on the deposit?

    Thanks in advance for any thoughts on this.

    #2
    I think that's all you can do. Good luck with the adjudicator.

    Comment


      #3
      There have been numerous threads on this before, without a great deal of consensus.
      The tradesman is not an expert, and is likely just guessing - it's quite possibly a stress crack, particularly if it is just a crack with no visible impact mark.

      (I have experience of the inside pane breaking in an empty room).


      https://forums.landlordzone.co.uk/fo...s-not-my-fault
      https://forums.landlordzone.co.uk/fo...g-crack-inside
      https://forums.landlordzone.co.uk/fo...-repair-l-or-t

      Comment


        #4
        When did the Tenant move in?
        Repair the window and claim from Deposit when T departs.

        Comment


          #5
          Repair the window, it wont cost much.

          Is the tenant a good one that pays on time and you want to keep? You pay the bill.
          Rubbish tenant/PITA etc and would be happy to see the back of them? You pay the bill and invoice tenant for it. If they ignore then you can attempt to claim it from the deposit at end of tenancy.

          Either way, its yours to fix is my understanding.

          Comment


            #6
            s11 says landlord responsible. However LL at liberty to attempt recovery of costs from tenant if they think T guilty of damage.
            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


              #7
              Your insurer has the same problem is proving that the tenant did it as you do. Claim on your insurance and see what they say. If they dont pay offer to split the cost with the tenant.

              Comment


                #8
                My rule of thumb would be only one occurrence per lease.
                Proving damage or negligence is next to impossible and it might not be the tenant, so it's 50:50.
                If it happens again, it probably is 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


                  #9
                  This could be helpful... https://www.makeitcheaper.com/busine...vs-tenant.aspx

                  Comment


                    #10
                    Many thanks for all the feedback. I've contacted my building insurance provider. Looks like this will be covered by them.

                    Comment


                      #11
                      This happened to my T too, but it was in the winter and the glass exploded and shattered into little bits. The repair man agreed that the sudden change in temperature was the most likely cause. In my TA it says that the T is responsible for paying for broken glass no matter how caused but I believed the t wasn't to blame so I paid. it was £70.

                      Comment


                        #12
                        I'm not sure I would have claimed on my insurance for a broken window! I take it your excess is 0.

                        Comment

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