Renting property - window smashed by cleaner, insurance?

Laura2510

Hi

We rent a private property and hire a cleaning service via an internet platform "Housekeep".

Last night we came in and found that a large floor to ceiling window in our living room has been smashed. This can only have been the cleaner, the window was fine when we left for work and the cleaner is the only person who has accessed the flat (access was logged by the concierge desk), and when we returned last night we noticed the broken window. We have reported this to the landlord and to Housekeep. The landlord is arranging a replacement ASAP as the window is dangerous (the internal pane of the double glazing is completely smashed and could collapse at any point), and has said that regardless of the outcome with Housekeep we are liable for the bill and he will send us quotes. This is in our contract so we don't dispute this - it was our "guest" who caused the damage so it's only right that we rectify it.

Question - Is this covered by the landlord's insurance? Windows are not covered in our contents insurance. Can we ask the landlord to make it an insurance claim and we pay the excess whilst pursuing a claim against the cleaning company (Housekeep have public liability insurance and state that the cleaner may also be insured).

It's a huge window and I think realistically we could be looking at a +£2k bill to replace it if it isn't done through insurance.

Any advice / tips? Am tearing my hair out over this!

PasturesNew

The landlord is correct - it's not his bill to pay.
He has a contract with you, so he'll send you the bill for you to reimburse him.

Your cleaner is not your "guest", they were hired by you as a service. You need to get them to pay you. As a business they should have insurance, or they might just settle it without claiming on their insurance.

davidmcn

Even if it is covered by the landlord's insurance, that just means that the landlord is covered - you'll (potentially) have the insurance company pursuing you to recover the loss.

theartfullodger

Laura2510 wrote: »

............Last night we came in and found that a large floor to ceiling window in our living room has been smashed. This can only have been the cleaner, the window was fine when we left for work and the cleaner is the only person who has accessed the flat (access was logged by the concierge desk), .....

Sorry, no. Three points.

a) It does not HAVE to be the cleaner (I agree it is likely to have been..). Windows can & do rarely fail of their own accord.

b) Suggest (I know their conditions say they aren't involved) you send an LBA to Housekeep (who have way way more assets than the poor, probably under-paid, cleaner, as 1st step in small-claim. They might just cough up, only costs time & a letter.


c) Landlord wants it fixed or paid for. But he has no hard solid evidence it's your "fault". So decline to pay & see if he sues or attempts to recover costs from deposit. He might well not succeed.

Laura2510

theartfullodger wrote: »

Sorry, no. Three points.

a) It does not HAVE to be the cleaner (I agree it is likely to have been..). Windows can & do rarely fail of their own accord.

b) Suggest (I know their conditions say they aren't involved) you send an LBA to Housekeep (who have way way more assets than the poor, probably under-paid, cleaner, as 1st step in small-claim. They might just cough up, only costs time & a letter.


c) Landlord wants it fixed or paid for. But he has no hard solid evidence it's your "fault". So decline to pay & see if he sues or attempts to recover costs from deposit. He might well not succeed.

Thanks theartfullodger

There is a noticeable point in the glass where the damage originated from. You can see / feel that this is the origination point where some pressure has been applied that has caused the damage which has spread through the entire pane.

Could I ask what an LBA is? Your approach sounds good. Housekeep do have public liability insurance and given this damage is a danger to us as tenants (i.e. a broken TV is an inconvenience, a smashed window pane that could collapse at any point is a health risk) I would hope Housekeep will cough up too. I'd prefer this approach to going after the cleaner, although apparently most of their cleaners have insurance anyway, but even so. I have no reason to believe that this is anything other than accidental.

dimbo61

Letter before action.
As a Landlord I would not be happy to make a claim on the buildings insurance.
Premium will rise in the following years ! Long after you have left the property.

Laura2510

Ignore that, just looked it up, Letter Before Action. Looks like a good approach. I have a support ticket open with Housekeep and they now have photographs and a first quote (£1900 plus VAT, eeek!). We are obtaining a second quote and Housekeep responded quickly this morning so I will give them a little longer before issuing an LBA.

theartfullodger

Beware, if they pay up I'd bet the cleaner loses their job.

eddddy

Laura2510 wrote: »

I'd prefer this approach to going after the cleaner, although apparently most of their cleaners have insurance anyway, but even so.

How did you find out that most of their cleaners have insurance?

They're self employed and only paid £8.50 an hour (unless you tip them, or volunteer to pay a higher rate), and I don't think they get paid travel time either.

It would be hard to afford insurance on that pay.

Housekeep's own insurance doesn't seem to cover breakage either....

How does insurance work?

In the unlikely event that your Housekeeper causes any damage/breakage in your home, you need to inform us within 72 hours of your housekeeper's visit for us to be able to help.

Your Housekeeper is a self-employed contractor and may have their own insurance to cover such incidents (please note we don't track this).

...

If you are unable to reach a resolution with your housekeeper, we recommend that you contact your home insurer to see if you can claim through them.

Our insurance policy is there to cover extreme cases such as fire or serious injury, but does not cover damage or breakage. Please note you will be required to pay a minimum excess of £250 for claims on this policy. For full details please see our terms and conditions.


Link: https://housekeep.com/faqs/

tori.k

Is the housekeeper ok ?

t0rt0ise

Presumably this is toughened glass and it can shatter spontaneously. I had one do this while we were out so knew it wasn't anything anyone had done. The fault was a nickel sulphide inclusion.

Toughened glass is very difficult to break and I would be surprised if the cleaner did it. If it isn't toughened then it should be if it's floor to ceiling.