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Hi Everyone I have just been chatting to a friend I work with and this hypothetical question came up:

If local kids break a window in a tenanted property, whos responsibility is it to get it fixed?

I said the Landlord.

Friend says the tenant.

What do you all reckon?

Cheers
I am a Mortgage Adviser
You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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Comments

  • Lokolo
    Lokolo Posts: 20,861 Forumite
    Part of the Furniture 10,000 Posts
    The kids parents
  • LEJC
    LEJC Posts: 9,618 Forumite
    if the children broke the window then its them or indeed their parents...
    frugal October...£41.82 of £40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...£18.64 spend
  • ch3101
    ch3101 Posts: 296 Forumite
    Lokolo wrote: »
    The kids parents

    This.

    Otherwise it would be claimed on the insurance if it was worth the excess.
  • GlynD
    GlynD Posts: 10,883 Forumite
    Depends what the rental agreement says.
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    edited 30 April 2013 at 5:07PM
    Landlord - it’s part of the fabric of the building so is always his duty to repair BY LAW, regardless of what a tenancy agrement says.

    If it was caused by the tenant, they might be liable to pay for the damage if it was caused by their negligence, but in this situation definitely not, but the duty to get the repair done is the landlords.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture Combo Breaker
    edited 30 April 2013 at 5:15PM
    They might have an easier time understanding if you explain it like a hotel room.

    If a person had a hotel room and soiled the bed they would be charged for the damages, if a passing stranger smashed a window to the room from outside it would have nothing to do with the occupant. Everyone will understand that :)
  • theartfullodger
    theartfullodger Posts: 15,690 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is the RESPONSIBILITY of the landlord to fix (he is legally obligated to).

    It is the fault of the kids/their parents should pay landlord's costs.

    Someone should ensure the kids learn not to do this. Ask you local council candidate what they would..
  • betmunch
    betmunch Posts: 3,126 Forumite
    kids parents arent going to help.

    So out of tenant and landlord we're saying landlord as its part of the building then?

    Scratch one up to smarty pants BetMunch then! ;)
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • angelsmomma
    angelsmomma Posts: 1,192 Forumite
    Part of the Furniture Combo Breaker
    The police told the kids parents to pay in the case of my property. If they had not agreed I as landlord would have paid.

    I wouldn't have used insurance though as it would not be worth losing my no claims and would have increased my insurance costs at renewal on 3 properties.

    It is just one of those things when you are a landlord. That is what the maintenance pot is for. It is also tax deductable.
    Life is not the way it’s supposed to be. It’s the way it is. The way you cope with it is what makes the difference.
  • missy12345
    missy12345 Posts: 41 Forumite
    Kids parents should pay and landlord organise the builder.
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