Neighbouring Tenant caused damage to my property

T1971

Hi
Can anyone help here? I own my property but the flat above me is rented out.
Recently the tenant above has caused damage to my bedroom exterior window sills by throwing lit cigarettes out their window. This has subsequently caused 16 burn marks to my window sills? I spoke to them and she apologised but I raised the issue with the owner who is not taking ownership, even though they are not supposed to smoke in the flat. The owner has since served noticed to evict them but I want to know who do I pursue for the cost of replacing the sills. Ps. Since speaking with her they moved to smoking out the kitchen window and have damaged that with 1 burn.
Grateful for information on any similar cases

antrobus

T1971 wrote: »

Hi
Can anyone help here? I own my property but the flat above me is rented out.
Recently the tenant above has caused damage to my bedroom exterior window sills by throwing lit cigarettes out their window. This has subsequently caused 16 burn marks to my window sills? I spoke to them and she apologised but I raised the issue with the owner who is not taking ownership, even though they are not supposed to smoke in the flat. The owner has since served noticed to evict them...

I'm not sure what you mean by "not taking ownership". The landlord is evicting them.

T1971 wrote: »

...
but I want to know who do I pursue for the cost of replacing the sills. Ps. Since speaking with her they moved to smoking out the kitchen window and have damaged that with 1 burn.
Grateful for information on any similar cases

You pursue the tenant.

As a general rule, landlords are not responsible for the actions of their tenants.

T1971

Well they are hardly going to pay the cost of these if they are being evicted. Perhaps this will be covered under buildings insurance

agrinnall

T1971 wrote: »

Perhaps this will be covered under buildings insurance

I wouldn't have thought it was very likely, but you are the one with access to the policy so I suggest you read it to find out what is covered.

I have to say that I'd probably just take it on the chin as a cost of apartment living and pay for it myself.

spadoosh

T1971 wrote: »

Well they are hardly going to pay the cost of these if they are being evicted. Perhaps this will be covered under buildings insurance

It probably would be if they where liable. Theyre not. The tennant did the damage, the tennant is liable.

The landlord has nothing to do with it.

PasturesNew

In short: The tenant caused the damage, the tenant is liable. You have to charge/chase the tenant directly. Start by getting quotes.

Whether you'll get the money is another matter.... once they've gone you might struggle to find out their new address....and you can't do it before they go in case they damage the new ones.

Quentin

As you look to be in a difficult position - your neighbours unlikely to pay your repair costs, then maybe consider putting a fireproof cover on your sills to prevent more damage till they leave

Comms69

T1971 wrote: »

Hi
Can anyone help here? I own my property but the flat above me is rented out. - So you both own a lease?
Recently the tenant above has caused damage to my bedroom exterior window sills by throwing lit cigarettes out their window. This has subsequently caused 16 burn marks to my window sills? I spoke to them and she apologised but I raised the issue with the owner who is not taking ownership, even though they are not supposed to smoke in the flat. The owner has since served noticed to evict them but I want to know who do I pursue for the cost of replacing the sills. - well you would pursue the tenant, not the landlord. Ps. Since speaking with her they moved to smoking out the kitchen window and have damaged that with 1 burn.
Grateful for information on any similar cases

I don't see the confusion