Broken window in rented house

jjlandlord

paulus_the_woodland_gnome wrote: »

Check the terms of your tenancy agreement- most stipulate that window breakage is the responsibility of the tenant

Except that, as briefly mentioned in post 6, such a clause is worthless because the landlord is responsible for such repairs by Law (s.11 of Landlord and Tenant Act 1985).
This does not mean that tenant could not be liable to reimburse the landlord if he in fact caused the damage.

drummer_666

jjlandlord wrote: »

Except that, as briefly mentioned in post 6, such a clause is worthless because the landlord is responsible for such repairs by Law (s.11 of Landlord and Tenant Act 1985).
This does not mean that tenant could not be liable to reimburse the landlord if he in fact caused the damage.

hmmm.

Section 11 - Landlord and Tenant Act 1985
Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Where do broken inside panes of windows come into this? under c for heat?

jjlandlord

Under (a). Windows are part of the structure and exterior of the dwelling.

mchale

Is crack noted on your copy of inventory??

drummer_666

mchale wrote: »

Is crack noted on your copy of inventory??

don't have inventory - it's an unfurnished house so didn't think i needed one.

I kind of didn't expect a window to spontaneously conbust.

Doh.

emsywoo123

drummer_666 wrote: »

don't have inventory - it's an unfurnished house so didn't think i needed one.

I kind of didn't expect a window to spontaneously conbust.

Doh.

:eek: :eek:

And this LL has 20+ properties

jjlandlord

drummer_666 wrote: »

don't have inventory - it's an unfurnished house so didn't think i needed one.

I kind of didn't expect a window to spontaneously conbust.

Doh.

Schedule of condition is for the landlord's benefit since he is the one having to prove damages.
So no inventory works to your advantage.

paulus_the_woodland_gnome

drummer_666 wrote: »

hmmm.

Section 11 - Landlord and Tenant Act 1985
Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Where do broken inside panes of windows come into this? under c for heat?

But the problem is that the LL believes they have damaged the windows or done something to cause them to crack. The act offers no protection to tenant where tenant has caused damage. I'm not passing any judgement, the OP says they don't know what is causing the cracks and I have no reason to doubt them . unfortunately for the OP it looks like the kind of damage the tenant is responsible for and I don't think they will be able to avoid a deduction from their deposit

drummer_666

the LL has sent a letter saying problems with the house need to be sorted in 7 days or he will serve a section 21

I'm at work so haven't seen the letter, but the only issues I know of with the houses is the broken window and also a bulb in the bathroom stopped working, we replaced bulb it still didn't work. The fan works so LL says it's not a fuse.

Er... what do I do here??

I'm trying to buy a house at the mo, have put a first offer on somewhere but there's no saying I'll get that and if I do how quickly it will be. So I don't want to be evicted from my house!!

SavvyStudentSaver

drummer_666 wrote: »

the LL has sent a letter saying problems with the house need to be sorted in 7 days or he will serve a section 21

I'm at work so haven't seen the letter, but the only issues I know of with the houses is the broken window and also a bulb in the bathroom stopped working, we replaced bulb it still didn't work. The fan works so LL says it's not a fuse.

Er... what do I do here??

I'm trying to buy a house at the mo, have put a first offer on somewhere but there's no saying I'll get that and if I do how quickly it will be. So I don't want to be evicted from my house!!

First of all- this is his responsibility to fix. You could probably response by asking for confirmation that you will fix it within 7 days at his expense. Or alternatively, begin the following procedure: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs#4 which, if followed correctly, should mean you can effect the repair yourself, and deduct the costs from your rent.

Regarding the section 21, it seems that he's intent upon evicting you unless you agree to pay for this- which really doesn't seem to be your responsibility. It's your choice- you can fight him, or agree to pay for the sake of not aggravating your landlord, though I personally would disagree with the latter (what else may he ask you to pay for down the line? He's offloading his responsibilities onto you, and it's not a good sign).

Remember, the section 21 notice does NOT mean you have to move out- you only need to leave if and when bailiffs arrive, which is likely to be a few months after the S21 expires (due to setting a court date, and then getting the bailiffs involved). Furthermore, a S21 is invalid if your deposit has not been protected, you have not been supplied with the prescribed information. If you are still in your fixed term, the LL cannot use a Section 21 to gain possession before the end of your fixed term.