Broken glass

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    Broken glass

    Hello! I am renting my property out. One of the tenants' responsibilities is to cut grass in the rear garden. I also provide them with a grass-cutter. One day when they were cutting the grass, the stone bounced and hit the window, so the glass is broken now and needs to be replaced. As far as I understand this is my responsibility to pay for new glass, because it was an accidental damage. Or am I wrong and the tenants have to pay? Could you please advice? Thanks!

    #2
    Originally posted by ilonkapav View Post
    Hello! I am renting my property out. One of the tenants' responsibilities is to cut grass in the rear garden. I also provide them with a grass-cutter. One day when they were cutting the grass, the stone bounced and hit the window, so the glass is broken now and needs to be replaced. As far as I understand this is my responsibility to pay for new glass, because it was an accidental damage. Or am I wrong and the tenants have to pay? Could you please advice? Thanks!
    I don't think that you'll get a definitive answer.
    In your position, I would pay for the glass to be replaced, unless the tenant did something negligently.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Irespective of the cost (where I agree with thesaint) you have an obligation to get the window fixed under section 11 of the 1985 Landlord & Tenant Act.

      Comment


        #4
        I agree; I would pay for this myself, unless it were a very large or expensive pane to fit, in which case it might be worth claiming on your house insurance. But it probably isn't worth it.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Thank you, guys! I agree to you that the best way is to pay for replacement myself as the tenants broke the glass by accident, which could not be foreseen. I have not claimed the cost from my insurance as my excess is L100 and the price of new glass fitted is L150+VAT. So there is no point to put a claim. The problem is sorted now. Thank you all!

          Comment


            #6
            You're welcome.

            Happy mowing...!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              I'd think again about supplying a lawnmower. You're not obliged to, and it's just one more potential expense, even if you make T liable for its maintenance and repair.

              See http://www.landlordlawblog.co.uk/200...s-keep-losing/

              which includes an anecdote about a decision by a deposit scheme adjudicator:

              "It seems that adjudicators also expect landlords to post notices explaining how things work and will accept a tenants excuse that he did not know (and therefore is not responsible for damage through misuse) even if the landlord has provided manuals. For example in one case, a tenant ruined a lawnmower by not putting oil in, but he successfully argued that he should not be held responsible as there was no ‘check oil before use’ notice on the mower, even though this was set out the manual he had been given."

              Comment


                #8
                Originally posted by westminster View Post
                I'd think again about supplying a lawnmower.
                The thing is I am renting out my property as fully furnished, this is why lawnmower is included

                Comment


                  #9
                  Originally posted by ilonkapav View Post
                  The thing is I am renting out my property as fully furnished, this is why lawnmower is included
                  I've never heard of a lawnmwer being described as furniture before.

                  Comment


                    #10
                    Originally posted by westminster View Post
                    I'd think again about supplying a lawnmower. You're not obliged to, and it's just one more potential expense, even if you make T liable for its maintenance and repair.

                    See http://www.landlordlawblog.co.uk/200...s-keep-losing/

                    which includes an anecdote about a decision by a deposit scheme adjudicator:

                    "It seems that adjudicators also expect landlords to post notices explaining how things work and will accept a tenants excuse that he did not know (and therefore is not responsible for damage through misuse) even if the landlord has provided manuals. For example in one case, a tenant ruined a lawnmower by not putting oil in, but he successfully argued that he should not be held responsible as there was no ‘check oil before use’ notice on the mower, even though this was set out the manual he had been given."
                    Hmm. It seems unreasonable to expect the landlord to reproduce the entire contents of the mower manual on notices stuck to the mower. Adjudicators, eh?

                    Comment


                      #11
                      Originally posted by jamesknight0 View Post
                      Hmm. It seems unreasonable to expect the landlord to reproduce the entire contents of the mower manual on notices stuck to the mower. Adjudicators, eh?
                      There's no way I'd agree to adjudication if a dispute arose, when you could end up with a judgment like this. If they carry on like this then all LLs will learn to opt out, defeating the whole point of reducing the burden on the courts.

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        I've never heard of a lawnmwer being described as furniture before.
                        Whilst responding to a post at another place I reminded myself of HMRC's guidance on these matters... see

                        http://www.hmrc.gov.uk/manuals/pimmanual/pim3200.htm

                        - in particular

                        The 10% deduction is given to cover the sort of plant and machinery assets that a tenant or owner-occupier would normally provide in unfurnished accommodation.
                        Clearly a landlord can advertise his property as "Furnished" but not include, say, chairs or lawnmower (nothing illegal in that..) but if threatened with HMRC problems to be able to hold on to the old 10% benefit might be persuaded to include in his inventory items such as lawnmower.. which appears to me without doubt
                        sort of plant and machinery assets that a tenant or owner-occupier would normally provide in unfurnished accommodation

                        - so I reckon the OP,ilonkapav , might be advised to point landlord/agent at this helpful HMRC guidance and ask for the full list of stuff..

                        Worryingly, in none of any of my furnished lets do I include all items on HMRC's list (eg lawnmower, linen...)

                        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...

                        Comment


                          #13
                          I read that guidance. I wonder if in view of the HMRC offering a 10% wear and tear allowance, should landlords be able to claim a ten year life for items like carpets when calculating deposit deductions?

                          Alternatively, maybe HMRC should allow a 20% deduction for carpets, as 5 years seems to be the rule of thumb at adjudications?

                          Comment


                            #14
                            Well, I calculate the tax-relief on 10% of the rental income, not 10% of the capital cost of the inventory....
                            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


                              #15
                              Yes, you can choose to either deduct 10% of rent, or the actual cost of replacement.
                              Seems fair to me.

                              Comment

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