Broken window: who's responsible for repair, L or T?

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  • Broken window: who's responsible for repair, L or T?

    Hi guys,

    My tenant (who lives in the flat below us) has a 14 year old daughter who for some reason is being bullied quite severely who come to outside our house and hurl abuse at her. For some reason they really don't like it and the mother (who is a nervous wreck anyway) has called the police several times. Recently however they threw a brick at the window, but luckily it bounced off. However on Saturday night they did it again at 3.30 in the morning and smashed the outer pane of a big glass window, although luckily the inner pane of the double glazing is ok.

    Who is responsible for repairing the damage? Me or the tenant? I imagine it is me but the point is that it would not have been broken if they were not living there?

    We are evicting her anyway at the end of June (S21 notice has been served), because we have my sister-in-law moving in with mates and she has not being paying her rent fully or on time because she lost both jobs within months of moving in!!

    Also should i wait until she moves in or get it done straight away? I am tempted to wait because i want to replace the windows anyway? They are cheap stainless steel ones, although we may paint them to make them better.

    Thanks for any help

    Sam

  • #2
    You will have to foot the bill as the damage was not caused by the tenants or any of their guests.I would be tempted just to make running repairs until the tenants move out although if the tenants complain enough you might be liable for a full repair.

    Comment


    • #3
      Broken Windows

      Hi all,
      If a tenant has a window broken but was not there fault,for example a football gets kicked through the window,whos responsibility is it to fix,the landlord or tenant?.
      Thanks.

      Comment


      • #4
        Bob - my first thought would be -who kicked the football? Was it any relative or friend of the tenant. As a landlord if this happened to me I would definately want to know more.

        P.S. Sorry to be niggly but it's "their fault" not "there fault"

        Comment


        • #5
          Thanks susan,
          It was just an example case with the football,didnt know if there was some law that it was the tenants responsibility to fix or if it could be passed over to the landlord.

          Comment


          • #6
            Bob - yes generally a landlord is responsible for the upkeep of the building. And if no outside person can be chased for damage then the landlord would have to claim on his buildings insurance. Unless it's a small matter which is not worth claiming for. In that case I think I would try to come to some friendly 50/50 arrangement with the tenant. I am lucky I have nice tenants!

            Comment


            • #7
              beware.. if the EHO get in on it it does not matter WHO broke the window .. they will expect the LL to deal with it. We had tenants who have damaged 6 month old uPVC windows... the EHO does not care ... the tenant has had the cheek to complain to them about it and we now have to foot the bill.... so section 21 here you come .....
              GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

              Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

              Comment


              • #8
                We had the situation of a reported break in to the property. We arranged for emergency boarding up and removal of broken glass (Health and Safety issues?). The emergency works plus replacement glazing through a 24 hour service proved quite expensive - about £180.

                The Landlord is responsible for repairs as a result of burglary but we were covered by insurance but the insurers wanted a crime number.

                The police had refused to give a crime number as they regarded the break in as a domestic incident as it was carried out by the tenant's ex-girl friend who had been previously living at the property under licence.

                At the start of the tenancy we had documented our recommendation that the tenant arranges adequate personal contents insurance and check that the policy included third party liability for the tenant's responsibilities.

                We suggested that the tenant made a claim on their policy but he had not taken out a policy. The guarantor therefore paid the cost of the emergency repairs and glazing replacement.

                So if the EHO forces your hand it may be possible to reclaim the cost of works from the tenant or insurers dependant on the circumstances of the damage.
                Vic - wicked landlord
                Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                Comment


                • #9
                  Contractual dispute from tennant re- broken window

                  I am a tennant in a privately rented property. Recently A widow was cracked externally whislt the property was empty. (possible attempted burglary i'm not sure)

                  our contract states that any broken or cracked windows are the tennant's responsibility to replace.

                  Is this legally binding given the circumstances and the nature of what has happened?

                  Any help/advice on this would be greatly appreciated.
                  The landlord is unwilling to use household insurance due to the excess payments.

                  Many thanks

                  Comment


                  • #10
                    Unless you can prove it was done externally and it was not as a result of your carelessness, neglgence or deliberate action I think you'd be hard pressed to make the LL responsible.

                    Why not suggest either going 50/50 or paying his excess?
                    Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                    Comment


                    • #11
                      If you think it was an attempted burglary, did you call the Police?

                      If you have not reported your suspicions to the Police, then I can understand why your landlord expects you to pay. Can you understand that point of view?

                      Alternatively, if you currently have good relations with your landlord maybe you can demonstrate your negotiation skills and offer to go halves on the cost.

                      You should also be aware that as a tenant you are responsible for minor repairs. (Someone please quote the legislation for me.)

                      Either way, it is best if you and the landlord can come to an amicable arrangement and get the problem sorted ASAP.

                      Comment


                      • #12
                        Actually I believe that the landlord is responsible for it providing the tenant didn't damage the window himself.

                        If the tenant can prove he was away at the time this happened he can't be held responsible for the cost and the landlord will have to pay for it.

                        Comment


                        • #13
                          I agree with Jennifer on this. As the landlord cannot prove negligence on the part of the tenant with regards to this damage(unless the window was left partially open or similar), the tenant shouldn't be held responsible. I am not sure that the fact the property was vacant is all that important in this case however, I would say the same if they were in the property at the time and some kids kicked a football into the window.

                          In the interests of an easy life, however, I would suggest not arguing the toss too much over it and suggesting a 50/50 split....it is definitely easy to see why the landlord may feel aggrieved at paying out for this. How large is the window? And is it standard single glazing? Unless it is a massive window, it shouldn't cost much upwards of £80 if you shop around(depending of course whereabouts you live!). A similar situation happened to me, about one year ago, and the sash window pane took 30 minutes and cost £50 to replace in Newcastle.
                          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                          Comment


                          • #14
                            thanks for the responses to this. i was really checking to see if I was being unreasonable or not. I can prove the residance was empty and it is clearly external damage. However a break in in just a sumise.

                            50/50 would probably be the best policy, however i feel reluctant to do this at this stage. is there a case for taking this sort of damage out of the bond? Looking at a quote of £200 ish.

                            thanks

                            Comment


                            • #15
                              Broken window: who's responsible for repair, L or T?

                              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?

                              Comment

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