who is responsible... landlord or tenant?

<sebb>

I thought it was always the LLs responsibility regardless of fault. It is then up to the LL to reclaim the costs from the T if it is believed to be the Ts fault. But I could be wrong .....

Planner

PasturesNew wrote: »

If you go to bed and the window's there .. and your ex turns up shouting the odds and smashes it = you.
If you go to bed and the window's there ... and some drunken idiot wending his way home decides to smash it = landlord.
If you go to bed and the window's there ... OH comes home and you get out of bed, go downstairs and hit him over the head with a rolling pin, which then bounces off his head and takes the window out = you.

I actually believe the answer to all of these = Landlord.

The question being asked is whos responsibility is it to replace the broken glass? theartfullodger has quoted the relevant legislation and its always the LL.

Who ultimatley pays for it is a different question.

clutton_2

what does it say in your tenancy agreement about broken glass....

i just realised i am a 10,000 poster tonight !!!

[Deleted User]

I rent a council house, and some years ago the council started reducing what they'd repair. Windows and doors was one of the first things to be taken off altho it used to be if u could supply a crime number (ie it wasn't you who damaged the door/window) they would repair it in spite of these changes.

My pvc double glazed windows are 30 years old and not in a good state of repairs but council will not replace them (even tho they replaced the kitchens wholesale on the estate as part of a Decent Homes initiative. They would only replace windows if they weren't double glazed at all). I have resealed them myself but they do need replacing.

It may depend on what's in your rental contract.

princeofpounds

council tenancies are very different to ASTs.

As pointed out ad nauseam, Section 11 means it is the landlord's responsibility.

clutton_2

surely Section 11 is a general repairs clause.? .. i would be most surprised if it specified that LLs are responsible for glass replacements.....

CloudCuckooLand

OP needs to check their AST.

It might be a reasonable Landlord;

http://www.propertymentor.co.uk/resources/Assured-Shorthold-Tenancy-Agreement.pdf

3.4 Repair
Sections 11-14 of the Landlord and Tenant Act 1985 (as amended) apply to the
agreement. These require the Landlord to keep in repair the structure and exterior of
the Premises and keep in repair and proper working order the installations in the
Premises for the supply of water, gas, electricity, sanitation and for space and water
heating. It is the Tenant’s obligation to:
3.4.1 Advise the Landlord promptly of any defects and disrepair in or at the
Premises for which the Landlord is liable;
3.4.2 Keep the interior of the Premises and the paint, wallpaper and
decorations, fireplaces, window fittings, sash cords, glass doors, and door
furniture in good, clean, and tenantable repair and condition;
3.4.3 Keep cleansed and free from obstruction all gutters, down pipes, drains,
sanitary apparatus, water and waste pipes;
3.4.4 Make good promptly all damage and breakages to the Premises and to
the items listed in the Inventory that may occur during the Term that are the
responsibility of the Tenant (with the exception of fair wear and tear and
accidental damage by fire), and to inform the Landlord of any such work
undertaken;
3.4.5 Replace promptly all broken glass with the same quality glass where the
Tenant, his family or visitors caused the breakage;
3.4.6 Clean all the windows of the Premises both inside and outside at least
once in every two calendar months of the Term and at the end of the Term;

Or a less reasonable clause; http://www.reevesifa.com/TenancyAgreement.doc

4. THE TENANT AGREES TO:

a) Pay the rent at the times and in the manner specified.
b) Pay for all bills as listed that are consumed or supplied to the property during the tenancy.
c) Not to damage or injure the property or to make alteration in or addition to it.
d) Preserve the fixtures, furniture and effects from being destroyed or damaged and do not remove any of them from the property. Replace all broken glass in doors and windows damaged during tenancy.

tbs624

<sebb> wrote: »

I thought it was always the LLs responsibility regardless of fault. It is then up to the LL to reclaim the costs from the T if it is believed to be the Ts fault. But I could be wrong .....

Agree with <sebb> and in cases when it would be the T who would be footing the bill (breakage caused by own act or that of T's own visitors) then T would be best to get job done him/herself rather than get a larger than necessary bill via the LL/LA.

In the OP's case , as Artful says, report it to the police and get a crime number then confirm to the LL/LA in writing your telephone report that the glass has been broken. State that as a good T you have boarded it over as a temporary measure and that as it's a security issue you look forward to prompt action on repair.

You could say that to help them out you are happy to arrange for it be done and then, if it would help their administration , deduct the relevant amount from your rent but that you would want this arrangement to be confirmed in writing.

tbs624

CloudCuckooLand wrote: »

OP needs to check their AST.

It might be a reasonable Landlord;

LLs can put whatever they like in their tenancy agreements but it doesn't mean that all the clauses will stand.

ie that first one that you quote states that Ts have to clean the windows, inside and out, once every 2 months...............

mlz1413

If the LA told you this over the phone then write to LA and copy LL requesting to know who is responsible.

I would offer to go 50/50 with the LL as it clearly isn't anyone fault, but first I would also be tempted to ask the LL if the window has ever been broken before.