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

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    #61
    Originally posted by jta View Post
    The broken windows? Get them fixed and deduct the cost from his deposit, don't forget to get receipts.
    T did not break the window (at least he claims he did not and seems to have a police report about it), so unless it can be proven otherwise I believe that the LL is fully responsible for the repair.

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      #62
      Originally posted by jjlandlord View Post
      T did not break the window (at least he claims he did not and seems to have a police report about it), so unless it can be proven otherwise I believe that the LL is fully responsible for the repair.
      I disagree, if he has a crime number then he should claim from insurance, if not then hold the tenant responsible for the damage. Windows don't normally break themselves, if a guest of the tenant broke them then it's T's responsibility. 'tenant like manner' remember?
      I offer no guarantee that anything I say is correct. wysiwyg

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        #63
        Originally posted by jta View Post
        if a guest of the tenant broke them then it's T's responsibility.
        Of course. But nowhere is mentioned that the window was broken by a guest.

        I'm basing my reply on previous threads, e.g.:
        http://www.landlordzone.co.uk/forums...=broken+window
        http://www.landlordzone.co.uk/forums...=broken+window

        but I admit I could be wrong.

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          #64
          Several threads on the same topic (including the two mentioned in the previous post) have been merged here.

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            #65
            Broken window issue so I thought I would tag it onto the 'broken window' thread:

            * Inventory (written and photographic) at start of tenancy show double-glazed window had no cracks.
            * Window now has large crack.
            * Upon looking closely at the broken panel it is clear that the window was stuck shut through excessive painting. It is possible that the tenant used brute force to open window causing it to crack.
            * Tenant says it may have been caused by excessive temperatures and not his problem.

            I appreciate windows are the responsibility of the L under S11 but given the above facts what would a reasonable settlement be on this? Opinions please.

            Thanks in advance

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              #66
              Who painted the window?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

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                #67
                Landlord painted window

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                  #68
                  So you think that the tenant was using the window as intended, but due to the landlord painting it incorrectly, it was subsequently broken?
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

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                    #69
                    Originally posted by thesaint View Post
                    So you think that the tenant was using the window as intended, but due to the landlord painting it incorrectly, it was subsequently broken?
                    I am sure when the window was orginally constructed it opened but over the years going back before the landlord bought the property the window had been painted shut with successive layers of paint. The landlord knew it didn't open and never tried to open it. I 'suspect' the tenant looked at the window 'assumed' it did open and gave it a good tug, breaking the glass. I can see where you are coming from though :-)

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                      #70
                      Reasonable settlement would be whatever the Judge decided.. I suspect he'd decide tenant acted reasonably, assumed window opened, not having been given written instruction to the contrary (and anyway he'd need to be able to get out if there were a fire..)

                      Personally,I'd IMMEDIATELY get window repaired @ LL expense and (perhaps..) gently hint to T would he like to contribute, but expect a curt "No, go forth & multiply..".

                      Cheers!
                      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...

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                        #71
                        Good answer - many thanks

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