Broken glass

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  • lizzie
    started a topic Broken glass

    Broken glass

    During a recent tenancy the patio doors were smashed. Tenants claimed it was someone trying to break in so I had it repaired under my insurance. 2 weeks before they were due to move out I was informed that the glass in the shower door was broken. Tenants claim it was due to a fault in the glass and no fault of theirs. The lease states that "the tenant agrees to replace all broken glass in doors and windows damaged during the tenancy".
    I would have thought that this makes the tenant liable to pay for the damage. My letting agent disagrees as they think that there is no way of proving that this is malicious damage. Why does it have to be malicious damage?
    Agent also says that they have the final say as my contract with them stipulates that I authorise the agent to make the final decision re disputes with the deposit.

    What do others think?

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