tennants X broke window

lyndanic

Hi

My tennant phoned me to say by accident her front window had been put in, only the front pane is broken so the window is in tact. She said she did not know how this had happened but had reported to the police. In the police report it says that her X boyfriend had put the window in, which she failed to tell me.

My question is am I liable to replace the window? Why is it I am always paying out for other peoples accidents?

This tennant is on a six months lease.:mad:

Fire_Fox

Tenant is responsible for accidental and wilful damage, landlord is responsible for repairs and maintenance, wear and tear.

jennyo

Wouldn't it be covered by landlords building insurance

GDB2222

It's actually criminal damage by the ex-boyfriend and he should pay. If you kick up a big enough stink with the Police they may actually arrest and charge him.

In the meantime, I think it is the LL's responsibility to repair, unless the ex-boyfriend was named on the lease. You may eventually get your money back from him. You could certainly ask your tenant for his address and take a witness statement from her.

GDB2222

jennyo wrote: »

Wouldn't it be covered by landlords building insurance

Yes, but there's usually an excess, and the premiums tend to go up if you claim.

Cannon_Fodder

Not sure FF, about the tenant being liable for *all* accidental damage.

If a bunch of yobs, or kids playing football, broke a window, is that the tenants fault/responsibility?

Just because she knows the person who did something stupid, does that create a liability for their actions? I'm not sure.

The tenant doesn't own the window, so cannot sue the X for the money. The LL would need to sue him for it. (assuming there's no amicable contact possible) Maybe the threat of police would get her to talk to him and arrange recompense.

In the meantime, it is good housekeeping to secure your property, surely?

mark5

If the window has been smashed in a domestic argument I would expect the tenant to pay. Why should the landlord be responsible?

Fire_Fox

Cannon_Fodder wrote: »

Not sure FF, about the tenant being liable for *all* accidental damage.

If a bunch of yobs, or kids playing football, broke a window, is that the tenants fault/responsibility?

Apologies did consider clarifying, but added the word wilful instead. I still think the tenant should pay and she can chase her ex for the money, but maybe I am being too hard. Sounds like the tenant needs a restraining order on the ex!

jenny74

jennyo wrote: »

Wouldn't it be covered by landlords building insurance

Don't know, but if the tennants have contents insurance it will be covered under that policy. Subject to them paying their excess to the insurer.

Mouseman

If possible in the mean time secure the window by screwing a thick board across. Tell the tenant it's her/the ex's responsibility to replace the glass but you have secured the building as per the agreement. If she's happy living with it like that it may well prolong the agony until she moves out but most would get the window repaired?

jenny74

Cannon_Fodder wrote: »

Not sure FF, about the tenant being liable for *all* accidental damage.

If a bunch of yobs, or kids playing football, broke a window, is that the tenants fault/responsibility?

Just because she knows the person who did something stupid, does that create a liability for their actions? I'm not sure.

The tenant doesn't own the window, so cannot sue the X for the money. The LL would need to sue him for it. (assuming there's no amicable contact possible) Maybe the threat of police would get her to talk to him and arrange recompense.

In the meantime, it is good housekeeping to secure your property, surely?

Again, if "yobs, or kids playing football, broke a window" then the tennants home contents insurance will cover it as it covers contents and some fixtures (such as bathroom suite and windows) for accidental damage.

She should claim on her own policy and get her ex to pay her excess.