Another querey about windows in a rental

Bumblebeee

Hi all

I've been lurking here for a while - here's my first post.

My LA has sent me a new tenancy agreement to sign, and in it is a clause that says that "the tenant agrees to replace all broken glass in doors and windows damaged during the tenancy". This leaves me responsible to replace the glass even if something/someone else has broken it, which doesn't seem reasonable. Of course I accept that I am responsible for any damage done to the property by me or my guests (including broken windows), but in the extreme case this clause would mean that the LL could even come round to the property, smash all the windows, and charge me for their replacement. Which seems rather silly.

So I was wondering what you folks thought. Is it a standard clause? Is it fair? Do you think it's enforceable I didn’t cause the damage? Does it conflict with section 11 of the L&T act which says that the LL must keep in repair the structure and exterior of the dwelling house (including drains, gutters and external pipes)?

Any thoughts gratefully received!

Bumblebeee

G_M

It's pretty meaningless.

The landlord has a statutory obligation (by law) to maintain the fabric of the building. This includes windows. So if they are broken through no fault of your own he has to repair.

Landlord & Tenant Act 1985 (Repairing obligations; LL's address; and much more)

Of course, if YOU break the window, that is different. But does not really need a clause to say you are responsible in those circumstances!

Ignore the clause.

Bumblebeee

Thanks G_M

I think that was my question - whether windows are part of the "fabric" of the building (perhaps it's just the window frames which are "structural"?).
To make matters funnier - the agreement the LAs sent includes, word-for-word, the relevant bit of section 11 of the L&T act on the front page ("require the Landlord to keep in repair the structure and exterior of the Property").

As I understand it from reading this forum, statutory law just about always trumps anything in a contract, so in the unlikely event that we have a broken window then we shouldn't have to pay as long as glass in windows fits under "structure and exterior of dwelling".

Yes - of course if I (or any of my guests) break a window then I should pay. I'm not doubting that for a moment. But as you say, surely we don't need a cluase in the agreement for that ("behave in a tenant-like manner"?).

Bumblebeee

G_M

Correct.

Sadly letting agents are unregulated. They need no training. There are many agents with little understanding of the law. There are 100s of contracts out there with uninforcilbe clauses like this.

Even more sadly many tenants believe if it is in the contract it must be true.

More sadly too, there are many landlords (especially reluctant landlords) who trust their agents and also believe if it is in the contract it must be true.