Legal situation if tenanted flat is broken into

flossy_splodge

Does anyone KNOW for sure the situation if a flat that is being rented is damaged through a break in? :eek:
The perpetrator is known, was caught by the Police but hadn't removed any items so was deemed to be only liable to civil law for smashing a window to get in.
The landlord claimed its not their responsibility to pay for the window.
I thought contents were the responsibility of the tenant and fabric of the building is the responsibility of the landlord.
Any thoughts please?

Yorkie1

Section 11 LTA 1985:

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) ...

Therefore it is up to the LL to repair. The cost can, in theory, be recouped from the person who did the damage - but the LL cannot refuse to do the repair itself.

G_M

The LL is responsible for the structure (Landlord & Tenant Act 1985 ) unless he can show the tenant was responsible for the damage.

Landlord can claim off his insurance, or, indeed, he could sue the perpetrator for the cost of the damage since the perpetrator is known and can, presumably, be proved to have been responsible.

[Deleted User]

When a similar thiing happened to me, this is what I tried to explain to my LL. He still refused to get the window repaired, in spite of having a police report and crime number. He wouldn't even board it up. But I still believe that he should have done as it is part of the 'structure' of the house.

G_M

There is a process where a LL refuses repairs.
See

Shelter (Repairs in private rented homes)

Old_Git

when I lived in Council housing (pre 1991 ) I know they insisted the tenant pay for broken windows .I had two broken windows in one night .

Yorkie1

Old_Git wrote: »

when I lived in Council housing (pre 1991 ) I know they insisted the tenant pay for broken windows .I had two broken windows in one night .

Council housing is a different tenancy regime and does not apply to the AST regime which the OP will have (assuming living in England/Wales).

jjlandlord

Note that these repair obligations have nothing to do with ASTs.

theartfullodger

The perp. is responsible:

However the landlord, as indicated above, has an obligation to repair: (I think he still has that obligation, even if damage caused by tenant). Can't see anywhere in the Act where it says T is responsible (under the Act) if he caused it, albeit sensible LLs & Ts will agree T will pay: Not all LLs or Ts are sensible though. In this case it is then up to LL to claim of criminal - or not.