Advice: broken window (thermal stress), LL saying T has to pay

hughmanatee

Disclaimer: this is my other half's residence, I'm just digging for information on her behalf.

Over Christmas (while we were out) the skylight in her en-suite broke, the inner pane of glass on the double glazing imploded. It coincided with a combination of cold weather, high winds and a warm apartment (as family were in-and-out, she kept it warm).

We've made it as safe as we are able (as she has a toddler, and there were tiny shards of glass on the bathroom floor).

It was raised with the letting agent who have insisted that any and all glass breakage is the tenants responsibility (irrespective of how it was done). They've cited that this is in the AST she signed but I haven't verified that as we're both at work.

I wouldn't expect thermal stress on a piece of double glazing to be the tenant's responsibility (as she only has contents insurance for a reason). Am I wrong in this belief?

Any help and advice would be much appreciated. I acknowledge that S11 of 1985 L&T does cite such things as the LL's responsibility, but if she has indeed signed an AST with that clause, where does this leave her?

Thanks for taking the time to read this.

Guest101

Irrelevant:


Generally, it means that your landlord is responsible for keeping in repair:

• the structure and exterior of your home, for example, the walls, roof, foundations, drains, guttering and external pipes, windows and external doors.
• basins, sinks, baths, toilets and their pipework.

https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/disrepair-landlord-and-tenant-repair-responsibilities/disrepair-what-are-the-landlord-s-responsibilities/


The law overrides any contractual clauses

ST1991

I've seen other posts on here about loft windows suddenly smashing... and it was an actual fault with the glass (so the owner should contact for a warranty)

Ray_Singh-Blue

Thermal stress? I'm no engineer but that seems a liitle unlikely. What was the temperature differential, 30 degrees C max across both panes? Maybe someone who knows more will post.

I have a wood burning stove with a glass window.

martinsurrey

Ray_Singh-Blue wrote: »

I have a wood burning stove with a glass window.

and NASA put a car on the moon, doesn't mean your Ford Focus will work in space.

The glass in your stove is extremely different to double glazing.

http://www.thewindowman.co.uk/explode.htm

OP, its the landlords responsibility, unless they can show it was caused through negligence (throwing bricks around indoors).

iantojones40

Thermal stress certainly can occur in double glazed windows, 3 long narrow horizontal windows on my mums conservatory all cracked one cold night a couple of winters back.

DaftyDuck

Velux windows have a known fault, where some shatter unpredictably. There's information on the web about which ones, and the info you need is printed on the spacer bar.

But, unless the Tenant actually directly breaks the window, it's almost certainly LL responsibility. As Guest above, doesn't matter what's in your contract (although it might make an [STRIKE]idiot[/STRIKE]... agent more difficult to reason with).

Lioness_Twinkletoes

I had a double glazed window implode. Oddest thing; it went with a really loud bang and initially we thought something (airgun pellet or some such) had hit. Turns out it was something called nickel sulfide inclusion. Had a bit of a fight but eventually my landlord (Housing Association) repaired it.

G_M

If you caused the break, you are responsible. If not, you are not (whatever the contract may say).

* Does the skylight open? Did you open it/were you opening it when it broke?
* Were you touching it, cleaning it, doing anything to it at the time?

Assuming you were not possibly responsible, write a letter (yes, formal letter) addressed to the landlord at the address provided 'for serving notices' (see your contract). Be polite, and concise.

Explain what happened. Make clear what you were/were not doing at the time. Make clear it was not your fault (assuming it wasn't).

Refer the landlord to Section 11 of the Landlord & Tenant Act 1985and ask for a timescale for when he will arrange the repair. Thank him in advance for his assistance and point out that there is now a risk of ongoing damp damage to his property which you are sure he will wish to minimise.

t0rt0ise

I had the internal window of a secondary glazed window spontaneously break a few months ago. That too was caused by a nickel sulphide inclusion and it was replaced by the window company as they agreed it was a latent fault. The landlord should be dealing with it with the manufacturer but if they refuse you have to consider how far you want to fight it.

ethansmum

Yes, as strange as it may sound it is thermal stress.nwe had a velux implode n the bathroom as did our neighbour. It turns out that there was a faulty batch of windows and after a single phone call, velux came out and replaced the window. They even offered to send someone out to clean up the glass before the fitters came!. So check the serial number to the velux website in case yours is faulty too!