tennants X broke window

Mischa

See section 11 Landlord and Tenanct Act 1985 - the tenant is responsible for the window

DrScotsman

jenny74 wrote: »

I beg to differ, in all the umpteen years that I have worked in Insurance claims, the company (HUGE company including RBS, Pru, Direct Line to name a few) I work for will cover the windows (Landlord fixtures and fittings etc) under the tennent's contents policy. Regarding 'yobs' breaking windows, this would be covered under the section of the policy called 'malicious damage' (often sub-headed under theft/attempted theft). So it would still be covered, just not under the 'accidential damage by you' section that you have referred to.

Hope this clarifies things.

Well I can tell you that my Endsleigh policy from this year and last year says they cover malicious damage to "Your" (my) belongings only. The only cover I have of the landlord's goods is damage caused by "You" (me) to fixtures and fittings. I could post a PDF if you want (annoying how most sites only let you get a link to the PDF once you've got a quote, even though it's a one-size-fits-all PDF)

Additionally it just doesn't make sense. If a tenant did have this cover, why would they want to use it? In the yob scenario, the landlord is responsible for fixing the window regardless of whether the yobs pay up or not. The boyfriend scenario where he is not an invited guest is the same. Even if what you are saying is true, there is no way the LL can force T to use their insurance for those two scenarios, and T would not want to put a claim on their file.

I thought the whole point of insurance was to insure "your" losses, not anyone else's. As per the above, the tenant has not lost out. What if there were no tenant? If there were no tenant then the landlord would have to fix the window himself, why does existence of a tenant change that?

DrScotsman

Mischa wrote: »

See section 11 Landlord and Tenanct Act 1985 - the tenant is responsible for the window

Which part exactly?

Alex_LS

C_Mababejive wrote: »

Tell your tenant to contact a glazier,have the window repaired and recover the cost from her BF. She can recover it informally or via the courts. Dont get involved. If it isnt repaired,deduct it from her deposit.

Potentially bad advice if the tenant isn't actually liable.

lyndanic

thank you all for your comments and advice. Can I pose the question then if I get the window repaired myself and the x keeps coming back and putting the window out or putting his foot through the front door do I just keep paying for the repairs myself?

clutton_2

""T would not want to put a claim on their file."

neither does the landlord.... especially as the excess on tenant damage claims is £1,000

silvercar

lyndanic wrote: »

thank you all for your comments and advice. Can I pose the question then if I get the window repaired myself and the x keeps coming back and putting the window out or putting his foot through the front door do I just keep paying for the repairs myself?

Is that what you expect the landlord to do?

DrScotsman

clutton wrote: »

""T would not want to put a claim on their file."

neither does the landlord.... especially as the excess on tenant damage claims is £1,000

Um, yes, but the difference is it's the landlord's house, and he has a duty for it to be in liveable condition for the tenant assuming the damage wasn't "her fault". And like I said, how can you force the tenant to claim on her insurance assuming the yob/uninvited ex scenario? Insurance covers losses and liabilities, if she isn't liable then neither is her insurance. Simple as.

Fire_Fox

The tenant omitted the fact that it was her ex who put the window through when she informed the landlord, which suggests to me she may have been involved in some way. If the ex is harrassing her, the tenant needs to get a restraining order.

GDB2222

lyndanic wrote: »

Can I pose the question then if I get the window repaired myself and the x keeps coming back and putting the window out or putting his foot through the front door do I just keep paying for the repairs myself?

I am afraid so. It's the same with any other vandals that your tenant is not responsible for. She is only responsible if she invites him round, but it doesn't sound like she is doing that.

That is why I have said twice before that you should make your own complaint to the Police about this criminal damage. At least that way it is less likely to happen again.