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Broken window in tenanted property
Comments
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lighting_up_the_chalice wrote: »In the eyes of the law? Are you sure about that? Visited, in the context I have described (went, with intent, to a specific location)?
Read up on the legal definition of visitor and trespasser. Are you really a landlord? I really shudder if you are one.
http://en.wikipedia.org/wiki/Occupiers%27_liability_in_English_law0 -
""A contract can't really bind a signatory to responsibility for the actions of another over whom they have no control. ""
you try telling that to Environmental health who seem to think i can stop tenants making loud noise and abusing the neighbours......0 -
""A contract can't really bind a signatory to responsibility for the actions of another over whom they have no control. ""
you try telling that to Environmental health who seem to think i can stop tenants making loud noise and abusing the neighbours......
That's what a S21 notice is for, or the threat of one :rotfl:0 -
Strawman argument again. Look at the response of the police after the crime was committed. What do you think they would have done when it was still hypothetical and nothing had happened yet?
To answer your "hypothetical" question..... What I think may, or may not, have happened matters not. However, the tenant would have at least given the relevant authorities every opportunity to prevent what DID happen. Maybe a visit to his parents address and a word in his ear by the local plod might have dissuaded him? Maybe the landlord could have protected her property with a physical barrier? We don't know because the tenant chose to take no preventative action at all.What could the tenant actually do? There is nothing in this thread to suggest that the tenant was at fault.
Debatable. But there is nothing at all to suggest that the landlord was at fault either. Yet you seem determined to level the liability at her.Thus, the damage happened through no fault of the tenant, much like the gale force winds could have thrown a rock at the window. And the landlord needs to provide secure accomodation, and landlord insurance is for events like this!!!
Tenants can also take out insurance to cover damage of this nature. That the tenant CHOSE not to do so is hardly reason enough to transfer liability onto the landlord.
You seem to be running after your own tail now. I've answered every point you have raised at least once. Have you anything new to add or are you now spent?0 -
lighting_up_the_chalice wrote: »Tenants can also take out insurance to cover damage of this nature. That the tenant CHOSE not to do so is hardly reason enough to transfer liability onto the landlord.
You seem to be running after your own tail now. I've answered every point you have raised at least once. Have you anything new to add or are you now spent?
The landlord is responsible for the provision of accomodation and shelter from the elements. Take the strong winds at the moment, a 90mph gust throws a rock at the window and breaks it. The landlord has to repair. It's the responsibility of the landlord. Much like somebody uninvited who decided to break the window through no fault of the tenant.
You keep talking about insurance. No such product exists for this case. Do you think the tenant can take building insurance on a house, say worth £1m to rebuild. What if the ex-daughter's bf through no collusion with the tenant, comes to the doorstep and burns the building down. Do you think the insurance company will pay £1m to the tenant? Do you think the landlord will get a penny from the tenant? That's why the tenant could not have taken insurance for this event, because it doesn't exist.0 -
To me it is clear that it is the landlord's legal responsibility (have been both landlord and tenant) however had I been the tenant I would have made a small goodwill gesture although would have been under no obligation to do so.
I would also as both the tenant and the landlord have kept pushing the police to take further action. Sadly I know from personal experience that the police can be pretty bad at these types of crimes i.e. harassment from exs.
C0 -
Read up on the legal definition of visitor and trespasser. Are you really a landlord? I really shudder if you are one.
http://en.wikipedia.org/wiki/Occupiers%27_liability_in_English_law
Read up on Lord Dunedon's definition of "trespasser" and tell me how the tenant, in knowledge of his threatened actions, practically objected to them?0 -
The landlord is responsible for the provision of accomodation and shelter from the elements. Take the strong winds at the moment, a 90mph gust throws a rock at the window and breaks it. The landlord has to repair. It's the responsibility of the landlord. Much like somebody uninvited who decided to break the window through no fault of the tenant.
You keep talking about insurance. No such product exists for this case. Do you think the tenant can take building insurance on a house, say worth £1m to rebuild. What if the ex-daughter's bf through no collusion with the tenant, comes to the doorstep and burns the building down. Do you think the insurance company will pay £1m to the tenant? Do you think the landlord will get a penny from the tenant? That's why the tenant could not have taken insurance for this event, because it doesn't exist.
Ummmmm......
http://www.lets-cover.co.uk/services/tenants.aspx
Other similar products are available from other providers.0 -
lighting_up_the_chalice wrote: »Ummmmm......
http://www.lets-cover.co.uk/services/tenants.aspx
Other similar products are available from other providers.
Yes, insurance for damage caused by the tenant or her family. Not everybody whom the tenant knew and whom the daughter went out with :rotfl:0 -
lighting_up_the_chalice wrote: »Read up on Lord Dunedon's definition of "trespasser" and tell me how the tenant, in knowledge of his threatened actions, practically objected to them?
For god's sake, the guy didn't enter the premises.0
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