Burgled because landlord provided poor security

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    Burgled because landlord provided poor security

    i was burgled at the weekend and they took a £700 laptop and my playstation 3. They entered the house through a door which was not secured properly by the landlord. Is there any laws which say the landlord must provide a secure property and if so could i be entitled to compenstation?

    #2
    Originally posted by owenelliott View Post
    i was burgled at the weekend and they took a £700 laptop and my playstation 3. They entered the house through a door which was not secured properly by the landlord. Is there any laws which say the landlord must provide a secure property and if so could i be entitled to compenstation?
    what do you mean by not secured properly?
    Best Regards

    PI Guy

    Comment


      #3
      Originally posted by owenelliott View Post
      i was burgled at the weekend and they took a £700 laptop and my playstation 3. They entered the house through a door which was not secured properly by the landlord. Is there any laws which say the landlord must provide a secure property and if so could i be entitled to compenstation?
      Did you not have contents insurance? Common sense, albeit not a law, usually commends this.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #4
        The house was refurbished in july 2007 it used to be school accomodation however the landlored decided not to put a new door on the side of my flat but just paint a rotten door so the burgular was able to kick through the rotten bottom panel of the door with ease and reach up and open the yale lock. i have contents insurance and have submitted a claim however i feel its unfair that the landlord can provide substandard security and get away with it. my flats been a nightmare for months i had electricity which tripped every 5 minutes, leaking water through my lounge celling, blocked toilets and been burgled!

        Comment


          #5
          OK.
          1. How did burglar know that painted door was rotten?
          2. Why was water leaking- from what?
          3. How did toilets become blocked? At least this element might be L's responsibility, under s.11 of LTA 1985- but not if you caused blockage (even inadvertently).
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Didn't you realise that the security (ie rotten external door) was so poor before you signed your AST? Presumambly it was your decision to take the flat knowing the condition it was in; no-one forced you to sign.

            I understand your anger at being burgled, but you have to take some responsibility about the type of place you choose to rent.

            Comment


              #7
              Originally posted by bagpuss View Post
              Didn't you realise that the security (ie rotten external door) was so poor before you signed your AST? Presumambly it was your decision to take the flat knowing the condition it was in; no-one forced you to sign.

              I understand your anger at being burgled, but you have to take some responsibility about the type of place you choose to rent.
              What a dreadful attitude, not to mention incorrect.

              By LTA 1985 s.11, the LL is responsible for keeping the door (being part of the structure and exterior) in repair.

              If the LL breaches this obligation and the tenant suffers a reasonably foreseeable loss (and a burglary would be reasonably forseeable), then he will be liable for the tenant's loss, not to mention other damages for the breach of the s.11 obligation per se, at a rate of approx £2500PA (sometimes more)
              Health Warning


              I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

              All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

              Comment


                #8
                A door is not a structural part of the property; and, by definition, half of it's internal.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  This is getting a bit jammy!
                  ASSUME NOTHING - QUESTION EVERYTHING!

                  Comment


                    #10
                    Originally posted by jeffrey View Post
                    A door is not a structural part of the property; and, by definition, half of it's internal.
                    Irvine v Moran [1991] 1 EGLR 261 (external windows and doors held to form part of the structure).

                    Stent v Monmouth District Council [1987] 54 P & CR 193, 19 HLR 269, CA (door not weatherproof; landlord liable to repair it because it had rotted).

                    I've just pulled those out of Hill & Redman, so I've not had time to check them.
                    Health Warning


                    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                    Comment


                      #11
                      Security is an issue under HHSRS (Housing Health and Safety Rating System) to which landlords should comply.

                      Ask your local authority housing dept about it. They may suggest the LL upgrades security.

                      Watch out for repeat burglry after you get your new laptop.
                      All posts in good faith, but do not rely on them

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                        #12
                        Originally posted by agent46 View Post
                        What a dreadful attitude, not to mention incorrect.

                        By LTA 1985 s.11, the LL is responsible for keeping the door (being part of the structure and exterior) in repair.

                        If the LL breaches this obligation and the tenant suffers a reasonably foreseeable loss (and a burglary would be reasonably forseeable), then he will be liable for the tenant's loss, not to mention other damages for the breach of the s.11 obligation per se, at a rate of approx £2500PA (sometimes more)
                        I didn't say that as a LL myself I don't do as much as I can to keep my properties as secure as possible, but this person must have known that this door was unlikely to keep out a determined intruder and seems to have done little about it until after the burglary. I have found that some tenants do seem to think that everything is down to the landlord to take care of and don't expect to take any responsibility when things go wrong.

                        Being a tenant doesn't absolve you from taking the same sort of precautions as any owner occupier has to take.

                        Comment


                          #13
                          on the other there is no door that a determined burglar can't get through.
                          Best Regards

                          PI Guy

                          Comment


                            #14
                            Originally posted by PI Guy View Post
                            on the other there is no door that a determined burglar can't get through.
                            True.

                            The guidance Bel refers to does say that if complaints are made about the safety of a property, the LL should be given a chance to improve the situation before any orders are issued or punative action is taken.

                            I just wonder if this tenant approached the LL before the buglary and pointed out that he was concerned about the security of the door.

                            Comment

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