interior door jammed - tenant kicked it in - who pays?

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    interior door jammed - tenant kicked it in - who pays?

    Hi

    got a call from the tenant a few moments ago to say an interior door had jammed and because her kids were in the room she panicked and kicked the door through. the room is adjacent an extension so has a large window onto the room from the kitchen and the top section of the window is open-able.

    the door is ruined (the frame was a lot stronger than the door) - but now she wants me to pay for and fit a new door.

    (various clauses in the tenancy prohibit the tenant from inflicting damage)

    regards

    leights

    #2
    she admits damaging the door. she admits causing the damage. she pays.

    she must at least pay for the old door to be repaired, or if the repair costs is comparable to the cost of a new door, pay for a new door.

    Comment


      #3
      Why did the door jam in the first place?

      Comment


        #4
        Originally posted by emwithme View Post
        Why did the door jam in the first place?
        I bet it was a crayon stuck under it by a naughty person.
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Does this door have a history of jamming? Or did nasty boyfriend come round and do that or as JKO suggests 'child damage'?

          I would immediately go and inspect in great detail. I would be suspicious.



          Freedom at the point of zero............

          Comment


            #6
            Yeah how can a door just 'jam'?

            Comment


              #7
              I don't think it matters why T decided to kick the door in and break it. She did and she is responsible for sorting it.

              Comment


                #8
                Same thing just happened in one of my properties. I am totally peeved as I think it was unnecessary. Tenant did report about a month earlier that the lock kept catching. We went and inspected the lock and it was fine - just sprayed a bit of DW40 and heard no more until this!

                I am going to replace the door at my cost but I'm going to fit one of those ball bearing catches so that the new door just pushes and pulls shut. Tenant said she didn't want this but tough - if she couldn't be bothered to get a screwdriver out and take the handle off the door - she will think twice about kicking in another door if the lock starts playing up.

                Comment


                  #9
                  Tell her that if this happens again she must call you and not kick the door in or she pays. Do you think it is genuine or a hissy fit?

                  I'd be pretty fed up too.



                  Freedom at the point of zero............

                  Comment


                    #10
                    Originally posted by Claymore View Post
                    Same thing just happened in one of my properties. I am totally peeved as I think it was unnecessary. Tenant did report about a month earlier that the lock kept catching. We went and inspected the lock and it was fine - just sprayed a bit of DW40 and heard no more until this!

                    I am going to replace the door at my cost but I'm going to fit one of those ball bearing catches so that the new door just pushes and pulls shut. Tenant said she didn't want this but tough - if she couldn't be bothered to get a screwdriver out and take the handle off the door - she will think twice about kicking in another door if the lock starts playing up.
                    My uncle (foolishly in my view) has those sort of door closers in his semi detached house. This has caused a lot of aggro with the neighbours, as it is impossible to close them quietly.
                    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                    Comment


                      #11
                      Originally posted by Interlaken View Post
                      Tell her that if this happens again she must call you and not kick the door in or she pays. Do you think it is genuine or a hissy fit?

                      I'd be pretty fed up too.
                      I don't know. I can't make up my mind on this one. Part of me thinks her kids have had a fight but then I think, give her the benefit of the doubt because she drew my attention to it earlier (although we couldn't see any problem). Her daughter is 14 and it was in the daytime when this happened. It wouldn't have taken 2 minutes to take the screws out of the handle :-(

                      Comment


                        #12
                        Contrary to what appears to be popular belief, mortise latches (if that's what it is?):
                        1358100e-e723-4d0c-8135-d6f6482d31b7_400.jpg
                        ...are indeed susceptible to jamming , and moreover, unscrewing the door handle will not help resolve it - it's quite fiddly to sort out and I would say beyond the reach of and what would be expected of a tenant to sort out.

                        That said, given that it sounds like the kids could have readily been got out of a ground floor window while the problem was sorted out - and there was a 14-year-old involved - then I don't consider it acceptable for the tenant to have done what she did. (If it had been an upstairs/internal room and the kids were toddlers, entirely different matter.

                        Comment


                          #13
                          There are 2 issues, I think:
                          - whether what the tenant did was reasonable,
                          - who's liable for the cost of repair.

                          Even if it was reasonable to kick the door in, IMHO that does not imply that the tenant is not liable.

                          Here, IMHO the tenant has damaged the door and is liable.

                          Comment


                            #14
                            Originally posted by Ericthelobster View Post

                            That said, given that it sounds like the kids could have readily been got out of a ground floor window while the problem was sorted out - and there was a 14-year-old involved - then I don't consider it acceptable for the tenant to have done what she did. (If it had been an upstairs/internal room and the kids were toddlers, entirely different matter.
                            Years ago - a mortise latch went on us. My son was trapped in his bedroom and he was about 6 years old. I talked to him through the door and said don't worry - I'm here and told him his granddad was coming round with his tools to get him out. We enjoyed a lovely little chat and about 20 mins later, my dad appeared and he opened the door. Obviously, I can imagine a 14 year old wouldn't be as calm as a 6 year old (not!).

                            Comment


                              #15
                              There's who should pay (IMHO tenant in this case..)

                              & who actually pays if there is a dispute: (Deposit scheme ADR, small-claims...). That I guess depends on evidence.. Memo to self: Pictures of all doors next time I photograph property in conjunction with 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...

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