Who's responsible ?

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    Who's responsible ?

    I have noticed that a window in our property is smashed. I have asked the tenants what has happened. They have just said that it was not them but have not given any explaination. They did not notify us and have not reported it to the police. Who is responsible to pay for a new window, us or the tenant?

    #2
    LL is resp for having it repaired, debateable whether Ts resp for cost of repair as difficult to prove they were responsible for breaking it.

    Comment


      #3
      If there is more glass on the outside ground, than inside, the tenants broke it.
      If there is next to nothing outside ( assuming tenants did not sweep up outside )
      then breakage was from outside, BUT if at ground level, assume tenants broke it.

      So either the tenants broke it, in both sistuations, or a complete stranger walked
      passed, threw a brick at it for no reason whatsoever.
      Which one is more feasible ?

      I would suggest that the tenats broke it,
      Because ______________ They did not tell anyone it was smashed, and that
      usualy means they don't want to pay for a window they broke, so of course
      they would not tell you it was smashed !, so they would not need to pay, if
      they don't tell you it's smashed.

      If you come home and found window smashed by unknown person, you would
      report it to the landlord, because if tenants did not break it, they would have
      no reason not to tell you, and also to keep your property and theirs in good
      order and to prevent people getting in.

      But unfortunately, you have to prove all of the above.

      But go round and look for good quanity of glass outside ( some will always fall
      outside if broken from outside ).

      But you will probably have to pay, as you have no evidence that the tenants
      broke the glass ( yet ! ).

      I would also do an inspection of the property ( Your normal 3 / 6 month inspection),
      DUE to the incident, you need to check the rest of the property to give you an
      "impression" of how they are looking after your property.

      R.a.M.

      Comment


        #4
        Tell them to report the incident to the Police so that you can get a incident number to claim on your insurance.
        If they don't do so, charge them for the replacement.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by thesaint View Post
          Tell them to report the incident to the Police so that you can get a incident number to claim on your insurance.
          If they don't do so, charge them for the replacement.
          This is unenforceable unless the LL has had it written into the tenancy contract. Otherwise,the T could refuse; LL would try to claim cost of repair back from deposit; adjudicator would say 'Prove T did this'. LL would be unable to and his claim would be rejected.

          Just because they didn't report it to you doesn't prove they did it.

          (In the same way, 'the saint', that going through your answers with a fine toothcomb and pointing out their limitation does not make anyone a stalker!)
          '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

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