Landlord says it’s my responsibility to fix a cracked window but it’s not my fault

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    Landlord says it’s my responsibility to fix a cracked window but it’s not my fault

    There is a large crack in a window of my rented house, I called in a window fitter and I was told the crack was caused by stress because it was fitted poorly. I have told the landlord this but she refuses to accept it wasn't my fault and says I have to pay for repairs.

    I just want to know who's responsibility it is to pay for the repairs.

    Thanks in advance.

    #2
    Originally posted by d1p3n View Post
    I called in a window fitter and I was told the crack was caused by stress because it was fitted poorly. I have told the landlord this but she refuses to accept it wasn't my fault and says I have to pay for repairs.
    There should certainly be no reason for the tenant to pay for damage caused by fair wear and tear or faulty workmanship. The difference between a stress fracture and (eg) impact damage is pretty obvious. That said, I'm not sure why it was you who called in the fitter? The normal thing to do would be to report it to the landlord who then organises the repair - by apparently circumventing the landlord you may well have muddied the waters.

    Comment


      #3
      Originally posted by Ericthelobster View Post
      There should certainly be no reason for the tenant to pay for damage caused by fair wear and tear or faulty workmanship. The difference between a stress fracture and (eg) impact damage is pretty obvious. That said, I'm not sure why it was you who called in the fitter? The normal thing to do would be to report it to the landlord who then organises the repair - by apparently circumventing the landlord you may well have muddied the waters.
      I called the fitter because the landlord was already blaming it on me and I just wanted to know if it was actually my fault.
      She has been in touch with a fitter and has received a quote on repairs, the fitter was the same one who installed the window. She told me to call him but I am presuming he hasn't told her the cause or said it was my fault.

      She is totally adamant it was my fault and refuses to get someone else in for a quote.
      The landlord has said that either I get it fixed or she will go with that guy and it will be taken off from my deposit.

      Is there anything I can do because it doesn't look like I have any options but to pay.

      Comment


        #4
        100% don't pay.

        I assume your deposit is held in an approved schemes? Long gone are the days when LL were judge and jury regarding deposit deductions...

        Comment


          #5
          Well in the contract it says "The deposit must be held by the landlord as stakeholder and lodged with a Tenancy Deposit Protection scheme". I don't know who the scheme is with so I don't know if they are approved.

          Comment


            #6
            Originally posted by d1p3n View Post
            Well in the contract it says "The deposit must be held by the landlord as stakeholder and lodged with a Tenancy Deposit Protection scheme". I don't know who the scheme is with so I don't know if they are approved.
            There are only three schemes and your deposit should be in one of them. Ask your LL to give you the prescribed information relating to the protection of your deposit. If she tries to fob you off, come back and we will tell you what to do next.

            But don't pay for the window. It s a LL's statutory duty to keep windows in repair, even if you did damage it (which you do not seem to have). She would have to prove you dmamaged it (which she cannot) and only then would she be able to claim anything from you.
            '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
              Originally posted by mind the gap View Post
              She would have to prove you dmamaged it (which she cannot) and only then would she be able to claim anything from you.
              Thing is the crack is on the inside part of the PVC window not the outside panel because of that wouldn't it look like my fault?

              Comment


                #8
                Originally posted by d1p3n View Post
                Thing is the crack is on the inside part of the PVC window not the outside panel because of that wouldn't it look like my fault?
                Not if the window fitter says otherwise.
                '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


                  #9
                  Originally posted by d1p3n View Post
                  Thing is the crack is on the inside part of the PVC window not the outside panel because of that wouldn't it look like my fault?
                  No a stress crack could equally be in either pane.

                  Comment


                    #10
                    Originally posted by d1p3n View Post
                    Thing is the crack is on the inside part of the PVC window not the outside panel because of that wouldn't it look like my fault?
                    This thread may be of interest to you.

                    http://www.landlordzone.co.uk/forums...n-cold-weather

                    Comment


                      #11
                      I would say get a few more fitters in to do a quote and ask them the reason for the break, get at least three and get it in writing what they think caused the damage, hopefully this should be enough proof it was not you, if it gets messy this also gives you very good evidence.

                      Comment


                        #12
                        Originally posted by catdog1121 View Post
                        I would say get a few more fitters in to do a quote and ask them the reason for the break, get at least three and get it in writing what they think caused the damage, hopefully this should be enough proof it was not you, if it gets messy this also gives you very good evidence.
                        It's up to the OP but the bottom line is that the LL must prove that it was the T's fault so I wouldn't bother wasting my or three fitters times in getting those quotes. You have has one already so I'd say that is good enough.

                        Comment


                          #13
                          I've decided to get one more quote, get everything in writing and head over to Yourmove (the estate agent) maybe they can help. The fitter the LL got a quote from was rude and hung the phone up on me so I don't think I can count on them telling the LL how the crack happened.

                          Comment


                            #14
                            I talked to my estate agent, at first he was siding with the LL saying what she said "It wasn't broken when you moved in" but convinced him to have someone come and look at the window.

                            Also according to him my deposit isn't in a Scheme but with the LL. Haven't talked to her yet so don't know if this is true but if so, is there anything I can do?
                            Just want some information before I talk to her about who's holding my deposit.

                            Comment


                              #15
                              Tenancy deposit protection (TDP) schemes guarantee that tenants will get their deposits back at the end of the tenancy, if they meet the terms of the tenancy agreement and do not damage the property. Landlords must protect their tenants' deposits using a TDP scheme if they have let the property on an assured shorthold tenancy (AST) which started after 6 April 2007.

                              If these conditions don't apply - for example, because you live in the property with your tenant - you do not have to protect your tenants' deposits. However, it is still good practice to do so.

                              Landlords or agents must use one of the three approved TDP schemes to protect tenants' deposits where these conditions apply. If any other scheme is used, deposits are not protected in law. The three approved schemes are:
                              Deposit Protection Service (DPS)
                              MyDeposits
                              Tenancy Deposit Scheme (TDS)

                              If you don't protect your tenants' deposits when required to, your tenants can take you to court and you may have to repay them their deposit plus three times the amount of their deposit. You will also be unable to seek possession of your property in certain circumstances.

                              http://www.direct.gov.uk/en/HomeAndC...cies/DG_189120

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