Whose responsibility is a broken window?

Savy_3

Hi,

I am in the processing of moving and I just received the draft of the rental contract through to read over prior to signing. Its all fairly straight-forward, but I do have a query about the following line:

The Tenant is responsible for the cleaning of the insides of all windows and for immediately replacing any broken glass, howsoever caused.

Is this a fairly standard line for a rental contract? Intuitively I would have thought that broken glass was the landlord's responsibility unless I myself caused the damage (or someone who I invited into the property did).

Is this not the case?

My current rental contract doesnt contain such a clause but I don't know which is the norm.

Thanks

nomnomnom

Savy wrote: »

Hi,

I am in the processing of moving and I just received the draft of the rental contract through to read over prior to signing. Its all fairly straight-forward, but I do have a query about the following line:

The Tenant is responsible for the cleaning of the insides of all windows and for immediately replacing any broken glass, howsoever caused.

Is this a fairly standard line for a rental contract? Intuitively I would have thought that broken glass was the landlord's responsibility unless I myself caused the damage (or someone who I invited into the property did).

Is this not the case?

My current rental contract doesnt contain such a clause but I don't know which is the norm.

Thanks

Your text is really tiny and I had to quote it just to enlarge and read it as replying btw.

I can't remember what's been in my old rental contracts about that but I wouldn't have a problem with it saying that. How else might glass get broken if you or someone you allowed into your house didn't do it? I suppose if a neighbour kicked a ball at your window and broke it, then you could argue that you should still pay for it but get the money back off the neighbour for breaking it. LL can't be held responsible unless there is a damage in the glass to start with and it made it weaker.

03022242

yes i have seen this before, not quite sure if its norm!! if someone else breaks your window then its your responsibility..

if you dont like it then why sign the contract?

Mankysteve

Morally any damge caused by you is to be fixed and pay for by you. Anything isn't should be covered by there insurance, not sure legally. Would be worth adding a protection from damage to your rented house when your sort your contents insurance out.

CloudCuckooLand

Partly down the re-securing the property, I suspect. Instead of taking weeks to argue over whose fault it was, and waiting for them to pay, the property would need to be secure asap.

Then you go and pursue whoever did the damage.

Savy_3

Thanks for your responses.

This is not an issue that is likely to prevent me signing the contract, but I thought I would inquire as by default I would have thought it the landlord's responsibility (unless damage was caused by myself or a friend for example).

There are many reasons a window could be broken, by someone other than me: as part of a theft, through vandalism or accidental break by a neighbour. I would prefer not to cover the upfront costs and have the hassle of reclaiming this from someone (assuming I actually know who caused the damage). Insurance might be the best option (as Mankysteve suggests).

Nomnomnom: Sorry about the text I accepted the default option and for some reason that was small.
I do want to pick up this point with you though:

nomnomnom wrote: »

LL can't be held responsible unless there is a damage in the glass to start with and it made it weaker.

This is not entirely true. If someone were to drive a car through the front wall of the house this is the landlord's responsibility to repair the damage (not mine) regardless of whether the walls were 'weakened' to begin with.

missile

I don't think it is worth arguing about.

poppysarah

If I break my window I replace it.
If it gets broken by accident I'd look to my buildings insurance.
If it gets damaged by someone else I get a crime reference number and go to my insurance.

nomnomnom

Savy wrote: »

This is not entirely true. If someone were to drive a car through the front wall of the house this is the landlord's responsibility to repair the damage (not mine) regardless of whether the walls were 'weakened' to begin with.

Yes it's not worth arguing about as missile says, but to clarify my point, if you rented a house, and there was a crack in your window to start with, I'd say the LL was responsible if the glass broke. Of course you could think of several possibilities like someone driving a car through your wall....

Colincbayley

A tenants contents Insurance will normally cover 'tenants liability' which will inc. damage to fixed glass/windows.

It is a pretty normal clause in an AST to have this.

Savy_3

Thanks for the responses people.

I've raised a query with the landlord about whether this is ordinarily covered by her insurance but as people have pointed out this isn't an issue worth arguing about (it never was) and I'll accept whatever she says.