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Break in at rented property - who pays for entrance damage?
Comments
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You didn't determine your responsibilities with this earlier incident? Interesting that again you modify your story in response to comments to justify your lack of responsibility. Seems to be a common trait amongst errant landlords, I suspect a symptom of the recent buy to let klondyke type gold rush. A pity you didn't pay more attention to your responsibilities when securing your mortgages.
PS to those LL posting who are aware of their responsibilities and obligations I would like to say it is refreshing to see how many you number, I have yet to encounter such a LL but you restore my hope.
Slight difference here if you care to read the posts. In the one you quote, you will notice that the tenant did the damage himself (as his wife told both myself and my agent) even though he tried to claim it was a break in afterwards. So not really quite the same as me or someone else questioning the tenant's judgement and trying to make them pay for something. And I'm wise enough to know that the tenant is responsible if they maliciously damage the property.
In my original post as the OP, there was an actual break in, which was given a police crime number etc and given the circumstances and the police report, it was pretty certain that it was attempted theft. Either way, as I said before, that window has now been repaired, and was repaired before I asked the question on this forum. The tenant has been a long term tenant in my property and you don't want to lose someone like that.0 -
The fact the tenant was reluctant to report the incident is of no consequence, you as the LL have suffered the loss not them and as such it is your responsibility to report the crime to the police and obtain the required crime ref no to satisfy your subsequent claim to your insurers, I suspect you already know this though and in an effort to avoid an increase in premium have conned your tenants into coughing up on your behalf. That's maybe just my cynical nature but as several LL have already confirmed (Those responsible ones aware of their obligations) you should never have approached your tenants for recovery of your loss. I've no doubt you will come back with another "modified" response to explain why you didn't.
Conned?
I think you are very much mistaken - I will not stoop to this one
As to your other points - put yourself in my shoes for just one minute.
The tenant does not tell me there has been a so called attempted break-in - am I at fault here?
The tenant is politely asked to on the advice of my Insurance Company to get a Crime Reference Number and refuses to do so - am I at fault here?
My Insurance Company has specifically told me if I have any doubt as to the validity of the claim as I will be signing the claim form if it is later proved to be a false claim it is in effect fraud - what do you expect me to do on this point?
If you look at my original answer to the OP - my advice was pay for the damage yourself or claim from the insurance - so how do I not know what my responsibilities are as a LL.
I really think you need to modify your response now!0 -
Conned?
I think you are very much mistaken - I will not stoop to this one
As to your other points - put yourself in my shoes for just one minute.
The tenant does not tell me there has been a so called attempted break-in - am I at fault here? If I remember correctly you already stated the tenant did tell you, albeit not promptly and only after you discovering the damage. You cannot have it both ways, either the tenant didn't inform you, or they informed you late, which is it?
The tenant is politely asked to on the advice of my Insurance Company to get a Crime Reference Number and refuses to do so - am I at fault here? Yes you are, it is your responsibility to notify the police if the tenant has not already done so, you have suffered the loss not your tenant.
My Insurance Company has specifically told me if I have any doubt as to the validity of the claim as I will be signing the claim form if it is later proved to be a false claim it is in effect fraud - what do you expect me to do on this point? Sign off the claim based on the information you have been provided with, so long as you are not party to or have colluded in, any misrepresentation or fraudulent statement you have nothing to fear.
If you look at my original answer to the OP - my advice was pay for the damage yourself or claim from the insurance - so how do I not know what my responsibilities are as a LL. You advise the opposite of what you practice.
I really think you need to modify your response now!
Modified enough for you?Four guns yet only one trigger prepare for a volley.Together we can make a difference.0 -
Well done Ben that is an excellent post - now you can go to bed.
Jog on!0 -
Just a final interesting observation to all, with over a 1000 views of this thread, (and assuming each view was based on enough interest being expressed in the initial title) it just goes to show that whilst many contributors may have 'slated' the question as being 'stupid', there seems to be enough landlords out there (of varying skills and experience) lurking around this forum who may have been asking themselves the same question and entered the thread to find the answer.
They always say, the only stupid question is the one that is never asked ………............................
This forum and these threads are all about helping each other out and sharing information, and it is all too easy for some to hide behind the anonminity of the internet to try and flame others or promote pointless debate.
Enough said. So lets get back to the business of being a helpful and friendly community.0 -
Just a final interesting observation to all, with over a 1000 views of this thread, (and assuming each view was based on enough interest being expressed in the initial title) it just goes to show that whilst many contributors may have 'slated' the question as being 'stupid', there seems to be enough landlords out there (of varying skills and experience) lurking around this forum who may have been asking themselves the same question and entered the thread to find the answer.
They always say, the only stupid question is the one that is never asked ………............................
This forum and these threads are all about helping each other out and sharing information, and it is all too easy for some to hide behind the anonminity of the internet to try and flame others or promote pointless debate.
Enough said. So lets get back to the business of being a helpful and friendly community.
More likely tenants who just couldn't believe it was being asked and wanted to check that they had read the title correctly?!They deem him their worst enemy who tells them the truth. -- Plato0 -
J, there seems to be enough landlords out there (of varying skills and experience) lurking around this forum who may have been asking themselves the same question and entered the thread to find the answer.
Worrying if your assumption is true. A good landlord will already know the answer......the landlord pays.0 -
...What I'm trying to determine is who should pay for the replacement of the glazing unit – the landlord or the tenant? ...
Surely the person who broke the window is liable for the damage caused?
Whether you can trace them and actually recover the repair costs from them though is another matter"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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