Landlord refuses to fix window

Ollie21

Need some advice. Renting flat with mates for past 4 months. Woke up one morning to loud bank to discover that the double glazed window had broken, big crack. Hadnt touched it and no idea what caused it - however apparently badly fitted windows can just blow for no reason. Landlord says we have to pay £300 to replace. Any advice appreciated.

SleeplessinScandinavia

I'd have thought the landlord is obligated to pay for the repairs, under the Landlord and Tenant Act - unless s/he can prove that the breakage was the fault of yourself or your flat mates.

I would also take some time to examine the fitting of the windows - maybe with an expert: what grounds are there for believing the damage is due to poor fitting, rather than any other reason?

Hope it works out

theartfullodger

Landlord is ALWAYS obligated to arrange for, pay & get repaired external windows, doors etc.

If landlord believes tenant is responsible then he can take action (deposit or through courts) against tenant.

To start with, write (yes WRITE ) a calm polite letter describing what happened, asserting you believe he is responsible for fixing, and requesting his action plan within 7 working days.

Stupid, ignorant landlord.

Cheers!

Better_Days

Just to add I know that double glazed windows can break for no reason. When we had our conservatory fitted, a couple of days later we heard a really loud bang, and one of the windows had broken. No reason that we could identify, there was no one in the garden or the conservatory.

Luckily the builder who installed the conservatory replaced the broken window FOC.

Hope you get yours sorted out.

theartfullodger

See..
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/responsibility_for_repairs

What is the landlord responsible for?

Landlords are always responsible for repairs to:

• the structure and exterior of the building - such as the walls, roof, external doors and windows
• sinks, baths, toilets and other sanitary fittings, including pipes and drains
• heating and hot water
• all gas appliances, pipes, flues and ventilation
• electrical wiring.

They are also responsible for putting right any damage to internal decorations that was caused by the disrepair or while repairs they are responsible for are carried out.

Seems clear enough, even for the hard-of-thinking (I mean LLs or agents..).

The relevant legislation is Section 8 of Landlord & Tenant Act 1985
http://www.legislation.gov.uk/ukpga/1985/70/section/8

8 Implied terms as to fitness for human habitation.
(1)In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
..(a)a condition that the house is fit for human habitation at the commencement of the tenancy, and
..(b)an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.

Flat is as house in this context...

aliasojo

Exactly the same thing happened to us. Loud sound at 2am in the morning and a large crack appeared on the inside pane of the double glazed unit.

LL reckoned it had been hit but it hadn't.

I did some googling and discovered this can happen out of the blue and many people had had the same issue.

It can be down to several things, a tiny unseen flaw in the glass that just gives out, poor fitting, extremes of temperature etc.

I told him what I'd found whilst googling and he did end up taking our word that we had not caused it and he paid for it himself. It was a shade under £200 for the large double glazed unit to be replaced.

Agree with the others, write and clearly state situation and it might also be worth printing off some stuff from the net to back up your assertion that this was a spontaneous break that happened with no external cause.

Turnbull2000

If the landlords stubbornly refuses to repair it, there's not a great deal you can do.

Yorkie1

Turnbull2000 wrote: »

If the landlords stubbornly refuses to repair it, there's not a great deal you can do.

Not quite true. There is the procedure in Parker v Izzett (I think) whereby a T can undertake the repairs and deduct from rent.

But it's a procedure that must be followed to the letter and I imagine would end up with a retaliatory s.21 at some point from the LL. Shelter has details on its website.