Broken lock on window - who repairs???

lewistye

Hi all,

I am the tenant in this situation, when closing a window the lock got stuck open and now I cannot close the window fully (I am on the ground floor so heating and security issues).

I've looked at the Tenancy Lease Agreement which says that anything broken via "abuse" by the tenant shall be fixed by the tenant, I do not consider this abuse as I was merely trying to close the window normally.

From the TLA I saw that the landlord must repair things as per Section 11 of the Tenant Act 1985. I read this but it all seemed to relate to plumbing, electrics, utilities etc. It also mentioned the structure and exterior of the dwelling, I didn't think a window lock would come into this but wanted to check.

I would be very grateful if anyone could advise who they think should be footing the bill in this case for fitting a new lock, also if you could point me to any relevant clauses etc that would help a lot.

Thanks in advance for your help,

Lewis

poppysarah

What sort of window?

Has the wood warped?

BitterAndTwisted

What do I think a sensible and reasonable tenant would do in this circumstance? Probably not search for the pertinent legislation in the first instance. Write to the landlord and request that they send out someone to repair it.

lewistye

poppysarah - The windows are actually aluminium. The key doesn't seem to turn once in the lock and when you wiggle the handle the lock sounds more "rattle-y" than the other windows (this is why I think the lock is broken/damaged)

BitterAndTwisted - I don't want a repairman coming out until I know who is going to be footing the bill, that's the only reason I'm going down this line so I know if I need to get some money quickly to fix this - I simply don't have the money to hand if I need to pay. I have already contacted the landlord who says I should pay since the window worked when I moved in.

westlondonbuyer

lewistye wrote: »

I have already contacted the landlord who says I should pay since the window worked when I moved in.

Even if the tenant had broken the lock, any professional landlord would fix it, and take the loss on the chin.

Failing to do so may well make him/her liable for any losses the tenant suffered due to burglary, or attack.

Losses to landlords tend to come from disputes and voids, not from small breakages and tiny maintenance issues. I'm amazed your landlord is prepared to alienate a tenant for the sake of a sum that, at the very most, is likely to be £50, and sets himself up for an antagonistic tenancy.

G_M

Unclear how you 'contacted' the LL - phone? Letter?

As B&T suggested, write to the LL. I would not quote Hosing Acts etc which could come across as confrontational. But make it clear this is a 'maintenance issue', and be careful not to admit any fault/blame.

Mention the security issue and ask for it to be fixed asap 'to remove any risk of liability for losses in the event of a break-in."

And have a read of this.

lewistye

Thanks all for your help,

G_M - I emailed the LL, and I suppose I hadn't realised how confrontational it could appear by quoting acts and clauses etc!

Thanks also for the link, it was very useful.

I shall be getting in touch with the LL today to put these points across, fingers crossed there are no complications!

mlz1413

if this is a double glazed unit could it be that you need the key to release the lock?

westlondonbuyer

lewistye wrote: »

I emailed the LL, and I suppose I hadn't realised how confrontational it could appear by quoting acts and clauses etc!

If I've learnt anything in life, it's that being nice will solve problems that being right won't. If you have a problem, pick up the phone first. It's too easy to misunderstand the tone and content of emails and texts.

I hope your landlord will also bear in mind the old business adage, "Kid gloves now will save boxing gloves later".

lewistye

By way of an update:

I am still struggling to get the landlord to fix this, at present he has said that there must have been some sort of excessive force or damage from me in order for the lock to be broken. He has said that if I can get confirmation from an external body that it should be the landlord's responsibility then he will pay. However I am not aware of any such body I could go to? Could somebody please point me in the right direction? The only thing I can think of is the CAB.

Thanks for any help.

pinkshoes

lewistye wrote: »

By way of an update:

I am still struggling to get the landlord to fix this, at present he has said that there must have been some sort of excessive force or damage from me in order for the lock to be broken. He has said that if I can get confirmation from an external body that it should be the landlord's responsibility then he will pay. However I am not aware of any such body I could go to? Could somebody please point me in the right direction? The only thing I can think of is the CAB.

Thanks for any help.

Your LL sounds like an ar*e!

Locks on windows break sometimes, and need replacing. I've just replaced the one in the bathroom in my flat as although it's top floor, I didn't want the tenant having a window they couldn't close. The part cost £37, and I fixed it myself.

Is your deposit protected with one of the three schemes?

I would write to him (recorded delivery) stating that you did NOT use excessive force on the window, and the lock just broke through wear and tear, and due to security issues, you need the lock replacing ASAP. I'd give him 14 days to get the work done, otherwise suggest that if it's not done within this time period, then you'll get 3 quotes to get the lock replaced, then deduct the cheapest quote from your rent next month and get it fixed yourself.

It comes under fair wear and tear, so is the LL's responsibility to repair.