Accidental damage by tenant

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    Accidental damage by tenant

    Can you please give me some advice, I am a landlord and the tenant contacted me to say that when he opened the French doors the wind took it out of his hand and subsequently broke the door and is not repairable so he states is an accident, if it is as he says then I agree my question is who is responsible for the cost of replacing the doors ?
    I may be able to claim it from my buildings insurance but the first £300 excess is payable would the tenant be liable for this cost ?
    Please advice Just want to do the right thing ? Derek

    #2
    Accident my *rse.

    Just get it fixed and issue tenant with a section 21 notice. If he wants to stay on, he reimburses you the whole cost of repair.

    Comment


      #3
      If you lived there, who would pay ? You would. Not because you are responsible to maintain your own house, but because it was windy and you did not take note of the conditions, or you had weak hands / arms, or were just irresponsible, did not think.

      Sate that you did not break it, or allow it to be caught by the wind, so why should you pay.
      You get the door fixed and give him an invoice.
      He wont like it, but you did not allow it to be broken.

      We learn from our mistakes, and tenant know knows that wind can take a door out of your hands, and he will be careful next time.
      What happens next time if he trips over carrying a heavy object and demolishes an interior door, a bathroom sink , etc etc.

      Comment


        #4
        Agree with above responses. The mere fact that it is in the nature of an "accident" (i.e. was not deliberately done) is not enough to make T not liable.

        For example if tenant were to accidentally fail to brake when parking in the garage, demolishing the garage that would not mean you would be liable (ultimately) for the cost of repair.

        Comment


          #5
          Tenant should pay.

          Not just the excess: ask insurance company how this will affect your premiums for the next 5 years (in today's money).

          Comment


            #6
            Advise tenant that they are responsible for any accidental damage and advise them they may wish to take their own home insurance which includes accidental damage incase of any future disputes.

            If your insurance does cover then I would advise that In this circumstance only you are willing to make a claim on their behalf and that they can cover the excess. Give them the option so they feel they have some control.

            Having said all that, if they are being genuine (which I doubt) and the wind really did take it then they will probably claim that the door was faulty to begin with. That will be down to you.

            I have never known a wind take a perfectly fitted French door off its hinges or deem it unrepairable. If they go down this route then tell them you will have an expert investigate the cause

            Comment


              #7
              Originally posted by Wright76 View Post
              you are willing to make a claim on their behalf and that they can cover the excess.
              And the difference due to the higher premium over the next few years because you claimed...

              Comment


                #8
                Originally posted by tatemono View Post
                And the difference due to the higher premium over the next few years because you claimed...
                When you add all that up, it would probably be cheaper for tenant just to pay for the repairs.

                Comment


                  #9
                  Originally posted by Wright76 View Post
                  I have never known a wind take a perfectly fitted French door off its hinges or deem it unrepairable.
                  I wonder if the OP just means that the glass shattered. A gust of wind has blown my French door back against the wall a few times, but we have a rubber bung on the wall at handle height, just in case.

                  Comment

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