Broken window in tenanted property

angelsmomma

FATBALLZ wrote: »

Because you are the landlord, you own the property and are responsible for its maintenance.

Thanks for your input

geoffky

angelsmomma wrote: »

Under your reasoning why should I be responsible for it?

Because you own the place and that is why you have landlord insurance...your terms are unfair.

clutton_2

tenants have a duty to "act in a tenant like manner" and that includes making sure the property is lived in and looked after....

I would go to someone you know, get on facebook do a screen print and then claim the cost of a new window off her when she leaves, via a deduction from her deposit.

Most tenancy agreements have a clause which says something like a tenant must act in a tenant like manner and not suffer the landlord to have any breaches of his insurance policy.

Why should anyone, landlord, or tenant, have to pay when idiots come and smash windows.... but new windows must be installed (i had to do this last week at a cost of £150) - and someone has to pay.

How about offering a compromise 50/50 with the tenant ?

BitterAndTwisted

I don't think that clause is unenforceable. It's perfectly reasonable for accidental damage to windows by the tenant or any of their invited guests would be the tenant's responsibility to replace. The person, although known to the tenant, was not in the property at the tenant's invitation. They could have been a stranger or some unknown vandal which would have made it the landlord's responsibility. The tenant has muddied the water by disclosing who they thought it was who did the damage.

lighting_up_the_chalice

FATBALLZ wrote: »

Because you are the landlord, you own the property and are responsible for its maintenance.

Look at is this way, the basic situation is that a criminal has turned up and vandalised the property. I struggle to see how you could reasonably say the tenant is at fault, any more than an insurance company could pin fault on you if you get burgled by your (hypothetical) drug addict son (who doesn't live at the address).

The tenant is at fault because the issue is tenant specific, not a random attack. Had a different tenant been resident, the attack from the ex-boyfriend wouldn't have happened.

The responsibility clause is common and passes the "reasonableness" test. As such, it would be enforceable.

angelsmomma

Thank you for the helpful input given.

My tenant has agreed to have the window fixed at her cost. I will lend her the money to do it but she will pay me back after Christmas.

To clarify, the tenant has only been in for 2 months and I have already had to fix at my cost the heating which somehow the tenant had managed to put out the pilot and couldn't relight it (no fault on the boiler when checked by gas safe engineer). The bathroom floor and damage to the ceiling from tenants children allowing the shower curtain to be used outside the bath instead of inside when showering thereby flooding the floor to the extent of it coming through the ceiling. And paint on the path into the house from dropping a tin on moving in day.

Thanks again for the help

BitterAndTwisted

Blimey! I'd be thinking of issuing them with a Section 21 Notice as soon as I could. All of the info you have given bodes very ill indeed.

colli

I (accidentally) broke a window at my last rented place. It didn't even occur to me to ask the landlord to replace. Accident or not it happened as a consequence of something I'd done. I didn't even tell the landlord, just got it fixed (to same standard of course). I don't think you're unreasonable in asking the tenant to pay for repairs. It's up to them to then try to get the money back from the boy responsible.

Brallaqueen

DO NOT 'lend' your tenant the money to replace. If she cannot afford to replace then you replace and deduct it from the deposit, 'lending' money just muddies the issue and will cause spectacular ill feeling when the money is not paid back.

Keep it a business relationship, do not do 'favours' and I would urge you to think very carefully about a tenant that is so problematic within such a short period of time.

angelsmomma

BitterAndTwisted wrote: »

Blimey! I'd be thinking of issuing them with a Section 21 Notice as soon as I could. All of the info you have given bodes very ill indeed.

Thank you, I know it does not bode well but I really do want to give them a chance. I know they would find it difficult to get anywhere through an agency because they have debts and previously failed a credit check. I realise people will think I am a sucker but I do want to give them every chance.

Fortunately I went into becoming a landlord with open eyes and a safety net pot of money, thanks mainly to G_M and others on here.