Landlord says window repair is my responsibility

movieman

I don't see anyone at fault here. But the LL's property was damaged whilst "in the care" of the tenant.

What exactly do you expect the tenant to do to protect the property against storm winds? If the whole thing had been blown over by a hurricane, would you still be blaming them?

The landlord decided what windows were fitted to the house, and the storm broke them: so long as the tenant used the available locking devices to prevent the windows being blown open, there's nothing more they could reasonably have done. I'm sure that if they'd had new windows fitted which would have withstood the storm, then the landlord would be whining about them making changes to his house!

prudryden

(1) As a LL myself, there is no doubt in my mind that the LL is being totally unreasonable. I am on the tenants side.

(2) The cost of refitting that window depending on time and materials would be negligible. My polish builder would have it up in no time at a cost of £7.50/hr.

(3) In any case, either parties insurance would cover the damage, and as Debt says, negligence wouldn't be considered as relevant by the insurance companies. However, the cost would probably be less than the excess.

(4) The real problem is the LL being unreasonable by saying it is the tenants responsibility.

(5) Neither party wants to pay for the damage, thus causing a conflict which can only be settled by negotiation or by a third party (County Court Judge)

(6) County Court judges have enormous powers of discretion, even overruling the letter of the law in favour of the spirit of the law.

(7) Tenant says window was closed. Landlord says window must have been open for it to be torn from hinges. Landlord says that there was plenty of notice about forthcoming gales (not tornadoes) and tenant should have acted to mitigate any damages.

(8) The judge will rule upon what he hears and any evidence provided by both parties. He may even override any terms in the contract by saying they are unfair.

(9) I still would offer to split the window which may cost as little as £25.

prudryden

Alan_M wrote:

If a window is designed to be opened, has mechanisms in place to be opened, and fixed in an open position, I'd like to see any of the above posters prove that using this mechanism and opening a window is in any way negligent from a legal view point.

What planet are you on?

Alan -
Please keep it civil. Your comments are generally welcome, intelligently worded and credible. Don't become like some of the posters on other threads.

chant1l

No, pay for none of it, it is his responsibility.
I loathe this as a solution , but withold your rent until it is repaired and your property is secure. Or failing that get a decent landlord, we do exist.

skollieal

Thanks and hey, fab re weight loss. I am full of admiration!! Keep it up

Skollieal:T

prudryden

babe_ruth wrote:

As the window was damaged in gale force winds I would think his insurance would pay for it. Although I suppose it depends what his excess is.

Assuming that he has buidings insurance on his property.

Anyone know if buildings insurance is a legal requirement along with gas checks etc?

If he has a mortgage on the property, then the lender would require it via their terms and conditions.

I think the excess would be more than the cost of refixing the hinges and fixing the frame.

Alan_M_2

I rent a house and during the recent storms the fence in the back garden blew down completely, it wasn't new, but it wasn't in an appalling state. According to your reasoning I would be 50% responsible for its repair. Nonsense.

The OP has no responsibility for repairs caused to the fabric of the building by storms or related incidents.

If the OP had broken the window to gain entry to the property after being locked out, then that's a different conversation altogether.

prudryden

Alan_M wrote:

I rent a house and during the recent storms the fence in the back garden blew down completely, it wasn't new, but it wasn't in an appalling state. According to your reasoning I would be 50% responsible for its repair. Nonsense.

The OP has no responsibility for repairs caused to the fabric of the building by storms or related incidents.

If the OP had broken the window to gain entry to the property after being locked out, then that's a different conversation altogether.

For god's sake - read and interpret the posts with the intelligence I initially credited you for. If it goes to court - then the judge has total discretion especially at the county court level to make a decision. Both parties will need to make their case.

Your barrow-boy browbeating doesn't give you any creditability.

Alan_M_2

I've read the posts clearly and fail to see any responsibility, I've made that point very clear.

What part of my post do you consider brow beating?

And what judge in their right mind would apportion blame for storm damage to the fabric of the property to the tenant?

prudryden

skollieal wrote:

My tightly shut window was blown open and completely off its hinges during the gale force winds. I have been a good tenent for over 2 years, but despite advice from the CAB and Barnet Housing Advice Line, my landlord is digging his heels in and saying it is my responsibility to replace the frame and window at a minimum cost of £250. I know that the window was properly shut and although everyone says it is his responsibility not mine, I have been told that if i fight it, he will probably just evict me when my tenancy is up in October. Any advice warmly welcomed. Do i stick to my principles or surrender just to stay in a home where i am so happy?

Forget what some posters have stated here about the legality of the situation. You may win the case, but you will lose the flat/house, which you have stated you would prefer not to do. You also may lose the case and the flat.

Best course of action would be to speak to the LL pleasantly, asking him if he would split the cost. Tell him you would like to stay on for at least another year, because you like it there. If the idiot still doesn't want to do that, then ask him if you can get someone in to fix it. You can get a local handy man to do that. Unless the glass and frame need total replacing, it shouldn't cost very much.

In the meantime, if the guy is a total baboon, look for somewhere else equally pleasant to live in.

It really doesn't matter the legalities, which is uncertain anyway. Don't compare the window with the naive reference to an outside fence.