Broken Window

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    Broken Window

    Hello,

    I know this question probably gets asked a lot - sorry if it has done. Basically my housemates and I came home the other night to find our upstairs front window shattered - blatantly by a stone. Our lettings agency said we'd have to pay for it and the "landlord will be reluctant to pay". But we don't feel we should pay as it wasn't out fault!! They said if we don't pay they'll take it out of our deposit - can they do that with ease?

    What are our rights here? Is there any legislation on this sort of thing, or is just going to be a stupid debate? What should we do?

    Thanks!

    #2
    Landlord is responsible.. see

    http://england.shelter.org.uk/get_ad...ty_for_repairs

    Landlord may, if he thinks you "did it"(I am absolutely not suggesting you did... ), then claim the money back from you (small-claims ..) but, as I understand it, Landlord must fix the window.

    That he is "reluctant to pay" is his problem. Don't tell me the thought he could rent out property without ever having a repair bill??

    See also..

    http://england.shelter.org.uk/get_ad..._to_do_repairs

    Suggest you write & email agency & Landlord requesting window is URGENTLY repaired (keep copy of letter...).

    Landlord & Tenant Act 1985 Section 11, repairing obligations...
    http://www.legislation.gov.uk/ukpga/1985/70/section/11

    PS Point agent/ Landlord at this thread ?? (Indeed this site....)
    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


      #3
      Considering that this is criminal damage I would also take pictures and report the matter to the police. This will help you to prove to the landlord that this is not your fault, and will also help the landlord when reporting the damage to his insurance.

      Comment


        #4
        Thanks for your help guys!!

        Comment


          #5
          Originally posted by jjlandlord View Post
          Considering that this is criminal damage I would also take pictures and report the matter to the police. This will help you to prove to the landlord that this is not your fault, and will also help the landlord when reporting the damage to his insurance.
          I don't think Plod will be very interested unless there was illegal entry.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            'Plod' may not be particularly interested but in order to evidence to the landlord that the breakage was criminal (regardless of who did it), you need a crime reference number. This may allow him to then claim on insurance or even provide evidence in case of future breakages.
            I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

            Comment

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