Break in at rented property - who pays for entrance damage?

Bigun28

Just been informed that someone has attempted to break in to a property that I rent out as the landlord. The property was occupied and is under a tenancy agreement, but the tenant was out at the time. The only damage was a double glazed glass window unit on the side of the house that they smashed to try and gain entry.

What I'm trying to determine is who should pay for the replacement of the glazing unit – the landlord or the tenant? My thinking is that as the property was under a tenancy agreement and hence under their responsibility, it should be the tenant. If the property was empty, or if there was some building damage (ie. subsidence etc) then I can see it being the landlord.

Any info/guidance would be appreciated.

Many thanks.

Sonofa

Just an opinion, but it's your property and your tenant didn't cause the damage did they.

geri1965_2

I'm glad I'm not your tenant.

stolt

i think as you own the house it should be yourself. I'm in rented too and wouldnt be happy for a start if someone had broken in to my house while i was out and then to have the landlord say i had to pay for someone elses damage would be a kick in the teeth. did the burglars take anything?

rosysparkle

The landlord is responsible, and should have adequate insurance cover. It will be a buildings insurance claim.

Tibbledom

The landlord is obviously responsible (see Shelter website if you want confirmation).

http://england.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_lets/responsibility_for_repairs

poppysarah

Landlord. It's a part of the building and so the landlord's problem. I would expect the tenant to provide a crime reference number from the police though - ensure it's been reported properly.

flossy_splodge

The norm is that the LAndlord provides Buildings cover which includes damage to the 'fabric' of the building - includes what has happened in your case - and
the tenant(s) provide their own contents cover.
many Landlords will only rent to tenants that agree to provide proof of taking out contents insurance.
So yep, its down to you.
As I think most people will think it jolly well should be.

socrates

If you have Buildings Insurance and they know you are renting out the property you should be able to claim from them.

Personally I had a property where I had something similar happen - the difference was the property was alarmed. The break-in happened when they were at home. When I asked them why they never heard the alarm, they informed me that they never set the alarm either in the evening when they went to bed (you can set zones) or when they left the house.

On this basis I held them responsible. I then went on to find out that they had no contents insurance and the tenant was a doctor with his wife and two children.

Inspect the property, confirm that it is actually an attempted break-in and not a window broken by damage they have caused and they are trying to pass it off as something else.

Pay for the repairs or claim from the Insurance as part of your emergency cover - you may need a Crime Reference Number.

geri1965_2

socrates wrote: »

II then went on to find out that they had no contents insurance and the tenant was a doctor with his wife and two children.

So what? It's up to them if they want to insure their own property or not.

You know, (and this is directed more to the OP then to you) if you are going to set yourself up as a landlord, you should really know your rights and responsibilities - it's not rocket science.

socrates

The reason I raised the point about the profession and that they were a family is that they had the possessions/contents you would expect a family of four to have.

I just felt it was irresponsible thats all.