burglary damage costs

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    burglary damage costs

    During the Christmas break, my student tenants have been burglarized while they were away. There is no sign of forced entry into the property, so it seems that one of the tenants had left a window open through which the burglars have entered the house.

    I believe that absence of forced entry is stated on the police report, although I have not seen it (I am abroad at the moment). The students themselves suggested to me that a window had probably been left open.

    Several internal doors have been kicked in and damaged. These are fire doors and need to be repaired or replaced.

    Who is responsible for these repairs?

    This damage is not covered by any insurance, so it will have to be either me (landlord) or them (tenants) - or both in some proportion.

    The Tenancy Agreement explicitly states that the tenants have to properly secure all locks and bolts to the doors, windows and other openings when leaving the property unattended.

    I have a good relationship with the tenants and want to be reasonable, but this is probably a significant expense and I would like to know where we all stand on this from a legal point of view.




    #2
    You are responsible for the repairs.
    The issue is who pays for them.

    The damage occurred while the tenants were in control of the property and is their liabiity (adjusted, though, see below).

    Don't go down the path of who left a window open or who is "responsible" for the break in - it's academic.
    The tenants were in control of the property and they have to compensate you for the loss as a consequence - just the same as if someone threw a brick through the window - it's not about blame it's about liability.

    You have to adjust your claim to ensure you don't benefit unfairly (as you'll be getting a benefit from the doors long after the tenants have gone).
    The simplest way is to take the cost of the damaged doors and estimate how much use of them you've lost.
    So if the doors were fitted 12 years ago, and you'd expect them to last (say) 20 years, your claim is for 8/12ths the cost of the doors (i.e. what you've lost).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Thanks for your reply, jpkeats.

      I tend to agree with your view, but reading around there seems to be consensus that burglary damages are to be treated similarly to a natural event (say flooding) and as such the costs should be covered by the landlord rather than the tenants.

      If one accepts this view, the fact that the tenants left a window open (in breach of contract conditions) could tilt things toward negligence and therefore shift the financial burden in their direction.

      Comment


        #4
        The burglary was not a natural event as it was precipitated by the tenants leaving the window open. In any case, there has been no break-in so as far as you are concerned, the property has damage caused by the negligence of the tenants. You are not really interested in whether it was a burglar or an end of term party that got out of control, (which is possible by the way).

        Comment


          #5
          Why no insurance?

          It's your responsibility to ensure that internal doors meet fire regulations, and your responsibility to repair them. You can argue about whether you can recover the cost from the tenants when it comes to returning their deposit.

          Comment

          Latest Activity

          Collapse

          • Not yet moved in - do we?
            by bompey
            I am writing this as someone who is a landlord and also has a student offspring at Uni so can see both sides of the fence as neither side wants to be out of pocket.

            Son has signed up for a house for 2nd year of uni, as one of 6 in a house share. They are due to take it on from beginning...
            31-03-2020, 11:43 AM
          • Reply to Not yet moved in - do we?
            by buzzard1994
            By September there may be antibody testing and the government will be very keen to reduce the economic cost. by getting as much as possible back to normal. So I'd expect university terms to begin either as normal or a few weeks later with a shortened freshers time. As an ex student parent I wouldnt...
            01-04-2020, 16:35 PM
          • Student Property & Coronavirus
            by boomboom
            Hi guys

            Hope that you are all well and in good health. Tough times ahead but I am sure we will get through it.

            I have a question which I am sure will be a common theme going forward but it would be great to get people's views on.

            I have a student property where...
            24-03-2020, 08:59 AM
          • Reply to Student Property & Coronavirus
            by buzzard1994
            How reasonable landlords can afford to be depends on what their own commitments are.

            At times like this people want their loved ones with them if possible - and young people can help their family by doing the shopping for them. I would have regarded by child as safer under my eye than...
            01-04-2020, 16:25 PM
          • Reply to Not yet moved in - do we?
            by jpucng62
            You run the risk of losing the house if you don't complete the agreement with the prospect of having to find a house for 6 at short notice if term starts again as usual.

            I believe the Govt will try its hardest to have schools and Unis back at the beginning of the new year and the LL will...
            31-03-2020, 12:33 PM
          • Reply to Not yet moved in - do we?
            by jpkeates
            If the contract for the property is signed and complete, it's a done deal and not adhering to the terms would be a breach of that contract.

            If there are movement restrictions which mean that moving in is impossible in July, it may be that the contract is frustrated, but you can't predict...
            31-03-2020, 11:58 AM
          • Reply to Student Property & Coronavirus
            by jpucng62
            I own a student rental too. The students will be getting their normal loans & have signed contracts until the end of the year but most have gone home now and will not return.

            My plan: as it is nearly the Easter holidays, let the rent run until the end of the holiday as normal. For the...
            28-03-2020, 14:36 PM
          • Reply to Student Property & Coronavirus
            by theartfullodger
            From "The Times" of yesterday regarding "Unite Students" , biggest student landlord...etc etc etc etc...

            On reflection I think their position is correct. I'm taking a flexible position. In reality nothing can realistically be done regarding unpaid rent for a few months....
            27-03-2020, 12:32 PM
          • Reply to Student Property & Coronavirus
            by islandgirl
            My son is also at uni and the same situation applies as Claymore - they are being released from their contracts and do not have to pay the final third. They are allowed to leave their stuff in their flats until it is safe to come and get it free of charge. I have seen lots of posts on social media from...
            27-03-2020, 10:28 AM
          • Reply to Student Property & Coronavirus
            by JK0
            Do students receive their loans in termly instalments, like we used to with grants?
            27-03-2020, 07:56 AM
          Working...
          X