Smashed Windows whose responsibility??

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  • Smashed Windows whose responsibility??

    On a recent LA property inspection it was noted there was a large round hole in one of the double glazing units. On quizing the tenant as to what caused the hole she reported that it was a bullet hole caused by a firearm!!

    Is it the Landlords responsibility to replace the DG unit or the tenants?

  • #2
    It is inescapably the landlord's statutory responsibility under section 11 of the housing Act, but if the LL can prove (or the T admits) that the damage was caused by the T or one of their guests, then the cost can be reclaimed (e.g. from T's deposit).

    If the damage was caused by a third party unknown to T, then T should have reported it to the police, obtained a crime number and informed LL, who can then claim from his building insurance.

    Where is this - the Bronx!?
    '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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    • #3
      Agree with conchita.

      Slightly worrying the firearm issue I would want to get to bottom of this ASAP, as not sure I would want a tenant that was involved with the type of character that used firearms.

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      • #4
        Any tenant that knows a bullet has be fired at/in the property but not previously told you about it needs, IMHO, evicting - unless there is a very very good explanation ... but S21 route only (unless rent arrears...).

        Agree with MTG
        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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        • #5
          Originally posted by Alexlandlord View Post
          Agree with conchita.
          About what?

          She simply gave some facts and asked a question!
          '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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          • #6
            The firearm was most likely an air rifle in the hands of some cretinous local oik.

            T should certainly have reported it, though.
            '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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            • #7
              Originally posted by mind the gap View Post
              It is inescapably the landlord's statutory responsibility under section 11 of the housing Act, but if the LL can prove (or the T admits) that the damage was caused by the T or one of their guests, then the cost can be reclaimed (e.g. from T's deposit).

              If the damage was caused by a third party unknown to T, then T should have reported it to the police, obtained a crime number and informed LL, who can then claim from his building insurance.
              What in general or because it was caused by a bullet?

              At my previous rental I had windows that looked directly onto the pavement and twice I had to get the LL to replace a window pane because some scrote thought that it was funny to smash one as they walked past.

              I can't believe that the police would have thanked me for wasting their time reporting this to them

              tim

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              • #8
                Originally posted by tim123456789;
                I can't believe that the police would have thanked me for wasting their time reporting this to them

                tim
                How come reporting criminal damage is wasting police time?

                Granted, there was no chance that they could find the culprits, but these reports are what make statistics and help pinpoint black spots.

                If nothing is reported then there is no crime and police and politicians just congratulate themselves.

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                • #9
                  Originally posted by tim123456789 View Post
                  What in general or because it was caused by a bullet?
                  Yes, in general and in particular.

                  At my previous rental I had windows that looked directly onto the pavement and twice I had to get the LL to replace a window pane because some scrote thought that it was funny to smash one as they walked past.
                  Your LL would have been advised to fit double glazing in that case. Apart from making the property more energy-efficient, it is much harder to smash casually when walking past. Other moral of the story: avoid living in scrote-infested places.

                  I can't believe that the police would have thanked me for wasting their time reporting this to them
                  Absolute nonsense. See jjl's post above.
                  '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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                  • #10
                    Smashed Windows whose responsibility??

                    During a recent property inspection two cracked window panes were reported. When questioning the tenant they claimed these were done by a third person not connected to them. The incidents were apparently separate and were never reported to the police, therefore no crime number was issued to use for insurance purposes.

                    My question is does the Landlord have to replace the window panes or is it the responsibility of the tenant. My argument is it could have been one of the tenants children or a visitor who smashed these windows. If the tenant could not be bothered to report the smashed windows as an act of vandalism then who is to say they are not responsible.!!!

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                    • #11
                      The landlord is responsible to repair no matter what.
                      That being said the tenant would be liable to pay for it if he was responsible for the damage.

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                      • #12
                        This is one of those questions that are regularly brought up.

                        They are never going to admit that it is someone know that did it by accident.
                        I would leave them as they are, and replace when they have left.

                        If you don't already have it in your agreements, then put a note in there about repairs need to be reported in writing to you immediately.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

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                        • #13
                          Originally posted by thesaint View Post
                          This is one of those questions that are regularly brought up.
                          True.

                          Two related threads have been merged.
                          I also post as Mars_Mug when not moderating

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