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who is responsible... landlord or tenant?

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Comments

  • Yorkie1
    Yorkie1 Posts: 12,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    mlz1413 wrote: »
    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.

    Sorry but I wouldn't follow this advice. There is clear authority here from people who know the law that unless T / visitors caused the damage, it is LL's responsibility.

    Why give the LA and LL the opportunity either to deny responsibility or shift 50% of the cost? Added to that, you have no control over the ultimate bill so could well be stung more than expected.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    no one has quoted any specific law in this thread which says that either LLs or tenants are responsible for replacing broken glass..

    2 different tenancy agreements have been quoted... but as we all know from numerous posts here anyone can put anything in an AST - it does not make it lawful
  • tbs624
    tbs624 Posts: 10,816 Forumite
    clutton wrote: »
    no one has quoted any specific law in this thread which says that either LLs or tenants are responsible for replacing broken glass..

    2 different tenancy agreements have been quoted... but as we all know from numerous posts here anyone can put anything in an AST - it does not make it lawful
    The LL is responsible for the structure and exterior of the property under statute - s11 of the LL&TA85.

    Windows/doors (and the glass within them) clearly form part of that structure/exterior and the LL should have appropriate buildings insurance in place.

    If the damage is wholly attributable to the T, his family or his visitors then the LL can request that the T meets the cost of the repair.

    If it's caused by a random other, it needs to be reported to the police as vandalism/crim damage as discussed earlier in the thread and LL sorts.
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