Can the landlord be liable for a break in?

gmang

The flat being rented by a friend of mine was broken into a few days ago. They took a number of high value items - laptop, digital camera, ipod, etc. They got in through the kitchen window, which was faulty and wouldn't lock properly. My friend reported the faulty window to her landlord over a month ago asking for it to be repaired but nothing was done about it. The landlord sounds pretty useless to be honest, and only really cares about getting the rent.

Naturally, they contacted the police and have a crime reference number, but my friend's contents insurance won't cover the theft because the window wasn't locked (she doesn't want to lie to the insurance people, although I suspect many people would in this situation).

Seeing as the faulty window was reported over a month ago to the landlord, who chose to do nothing about it, could the landlord be held to be in breach of contract to provide a reasonable level of security? The locks are the landlords responsibility, are they not? The landlord doesn't sound too willing to offer anything in the way of compensation, so I'm wondering if there is a something to be done in a small claims court.

I'd be happy to hear any advice anyone has to offer.

Cheers.

G

N79

In this case no, I doubt it very much - the LL is not liable as the LL has not been negligent. W

However, since your question was general, the general answer is that a LL can be liable (eg if the visited the property while T out and failed to shut the front door - definate case of LL negligence) - just not in this case.

Of course, there is nothing to stop your "friend" asking the LL for a contribution.

angrypirate

I disagree with N79 - it depends what is in your friends contract. In my contract it states that it is my responsibility to lock all windows and doors of a night and whenever i leave the property. If the landlord were to fail to repair any locks after being notified and there is a break in, then the landlord is entriely responsible and should pay for all losses. The landlord is negligent and is liable

N79

angrypirate wrote: »

I disagree with N79 - it depends what is in your friends contract. In my contract it states that it is my responsibility to lock all windows and doors of a night and whenever i leave the property. If the landlord were to fail to repair any locks after being notified and there is a break in, then the landlord is entriely responsible and should pay for all losses. The landlord is negligent and is liable

That would only be true if (and the T could prove)

1. The T has informed the LL in writing that the lock is broken.
2. The LL fails to repair the lock within a reasonable timescale.
3. The actions that followed were a direct and reasonably forseeable consequence of the LL's actions. (It is not enough to simply say that consequence A followed action B.)

As only a month has passed between the T informing the LL and the breakin and given the minor nature of the repair then I do not believe that any court would find the delay unreasonable. LL's do not have to conduct repairs instantly and this sort of minor work can be delayed for a reasonable period.

However, ultimately only a court would be able to determine the length of time of a reasonable period and whether the losses can be reasonably and directly attributed to any alleged failure. Personally, I believe that there is almost no chance of a court finding this to be the case.

As an aside, I believe that the term in your tenancy agreement is unenforceable rubbish.

Cannon_Fodder

A month is beyond reasonable, imo. Especially where security/safety is concerned.

It might be described as a trivial repair, but what if the occupants had been in, and it turned into assault or even murder?

Trouble is, its all opinion. Something needs to be put into law, about not being able to collect the next months rent unless issues are resolved - that would get the lazy b'stard to fix it instead of sitting counting the profit he makes by not repairing his properties.

franklee

Cannon_Fodder wrote: »

A month is beyond reasonable, imo. Especially where security/safety is concerned.

I agree, especially if it's a downstairs window.

tbs624

OP- did your friend chase the matter of the window lock up with the LL , after reporting it a month previously? Was the repair needed due to wear and tear or had your friend damaged the lock/key?Was the original notification given to the LL *in writing*?

Have to say that I would expect this sort of repair to be effected by the LL within a week, but were I the T then I would have replaced it myself if the LL was being slow. Window locks are not hugely expensive, even locking handles for ghastly UPVC windows are under a tenner. I wouild then have written to the LL confirming my actions, and stating that the lack of security was invalidating my insurance cover.

As N79 suggests, your friend can always ask the LL for a contribution towards the costs of replacing the stolen items.

[Deleted User]

N79 wrote: »

That would only be true if (and the T could prove)

1. The T has informed the LL in writing that the lock is broken.
2. The LL fails to repair the lock within a reasonable timescale.
3. The actions that followed were a direct and reasonably forseeable consequence of the LL's actions. (It is not enough to simply say that consequence A followed action B.)

Seems like the OP satisfies this test quite easily!

The OP gave notice to the landlord that the lock was broken and needed repairing (presumably they have a record of this by email or mail we hope!)

The LL failed to repair the lock...and a month is not a reasonable period (according to the majority on here...ergo the reasonable man considers it unreasonable).

And the final test is a misnomer; BUT FOR the landlord's actions, the burglar wouldn't have been able to get in. It's the 'but for' test in tort you need here. In any event, it is directly foreseeable that if the landlord did not repair the lock then a burglar trying to gain entry into the property through the window would be able to do so easily.

I don't think you need to prove that a burglary was a likely and foreseeable consequence of the lock not being repaired; just that it is likely and foreseeable that a burglar would succeed if they tried the window.

Negligence by inaction.


OP - I would email/write (and keep a copy) to the LL stating your concerns and advising them to cover the cost of replacement items like-for-like, or else you will be escalating this via your solicitor. Just a simple threat is likely to be enough.

mrlandlords

Quote "OP - I would email/write (and keep a copy) to the LL stating your concerns and advising them to cover the cost of replacement items like-for-like, or else you will be escalating this via your solicitor. Just a simple threat is likely to be enough." I agree completely. A strongly worded letter, threatening the landlord with action should suffice. Also check with your contents insurer again. Call centre staff/claims handlers are often targetted on declining claims so will decline when maybe they should pay. A lot of policies have an increased excess when security hasnt been put in place/used so it may be worth another call to the insurer to see if they will pay out.