Cracked inside glazing - who’s responsibility?

Hannah2308

I am after some advice regarding my liability to pay for damage to a property I have recently left after renting for a year.

The master bedroom had Velux double glazed windows with pull down blinds. One morning I pulled up the blind to find that a single crack had appeared on the bottom I n the inside glazing of one of the windows. This was in no way cause by any sort of force or misuse on my behalf and genuinely appeared out of nowhere overnight. I asked a friend of mine who’s a glazier to come out and look at the window as I didn’t know what had happened and was worried my landlady would try and charge me for it. (She has tried to charge me for things before and only when challenged has she accepted they are wear and tear and therefore her responsibility). The glazier said that it simply looked like a temperature stress crack and that as it wasn’t caused by any force that I shouldn’t be paying for it. I emailed the landlady and let her know all this information.

However now two weeks after moving out she has had her own independent glazier out who says it has been caused by a either a pole used to open the window (I always stood on a chair to open it) or the heel of someone’s hand opening it or some sort of force. She wants to charge me £135 out of my deposit.

My deposit is in the deposit protection scheme so she cannot do anything yet but I was wondering if anyone here has any advice on whether I should go through the DPS and challenge her claim or just pay the £135. I am aware that there’s no way for either of us to prove how the window got damaged so didn’t know how things usually pan out in these cases.

Thanks in advance!

Gary123456790

This is a tricky one as knowing exactly who is responsible is impossible for an outsider, however what is important is whether the £135 is for a new piece of glass as it would be unfair for the landlord to charge you for a new one - it sounds strange I know but nothing lasts forever, double glazing might last 10-15 years depending on quality so lets say, if it is 10 years old you could argue it was at the end of its life so you should not be liable for the cost as it would need replacing at some point soon anyway, or at least only a small portion relating to the remaining life of the glass, maybe 1/3 the cost as it was already 2/3 the way through its life.

Effectively it is unfair for you to pay for a brand new piece of glass which lasts 10-15 years when what you damaged was already x years old.

Hope that makes some sense.

Hannah2308

Hi Gary thanks for your reply! Yes that does make sense, I remember reading that the landlord shouldn’t be in a financially better position after a tenant moves out (I.e. having the tenant pay the full price for brand new windows to replace old ones). The property was built in 2003 so I don’t know if windows would usually need replacing in this time frame.

Thanks!
Hannah

davemorton

What date was the window installed? There has been a few issues with Velux windows, so a google could put some light onto it. Below is one such recall, but I think there may be others.
http://recallalert.online/2017/10/03/velux-product-pane-warning-safety-notice/

FBaby

I wouldn't be so confident. If she has a written report from some reputable firm, then this will be considered as evidence. Do you have something in writing from your friend indicating to some natural cause?

Do you know how old the windows are? It is not true that your landlord would only get a percentage of what it cost to repair to take into account W&T. I had a tenant breaking the handle of one window. The case went to the ADR and I was granted the full amount of the replacement as it was deemed damage. The windows were under 5 years but I don't recall mentioning this.

Hannah2308

Hi this is what I was reading about on the DPS (excuse the paragraphs, I’m not allowed to post links on here because I’m new!)

‘Many landlords believe property should be returned to them in the same condition as at the start of the tenancy. Deductions are often claimed from the deposit for minor damage that should be expected in any normal use of the property. Similarly, some landlords might want to ‘replace’ items in the property which are coming to the end of their natural life, such as an old washing machine where the door handle has broken during the tenancy.


In addition, it is an established legal principle that a landlord is not entitled to charge their tenants the full cost for having any part of their property, or any fixture or fitting, “…put back to the condition it was at the start of the tenancy.” Landlords should therefore keep in mind that the tenant’s deposit is not to be used like an insurance policy where you might get “full replacement value” or “new for old”.

And thank you for that information about Velux! Unfortunately as I’ve now left the property I don’t know what the serial number is

Would it be reasonable to compromise and offer to pay half and save it going through the DPS?

G_M

Hannah2308 wrote: »

........ a friend of mine who’s a glazier to come out and look at the window ........The glazier said that it simply looked like a temperature stress crack and that as it wasn’t caused by any force that I shouldn’t be paying for it.

Will he put that in writing?


And is he a credible witness - ie a member of a professional body for glaziers?

lookstraightahead

I would say it was installed incorrectly and ask for details of when it was installed and how it has been used since. What a joke and a rip off

Hannah2308

Yes he’s a glazier with his own company and is also a landlord himself, good idea I’ll ask him if he’s happy to put his statement in writing! Thanks

tlc678910

Hi, why not challenge the deduction with the scheme and use the product recall as your evidence that it is possible for similar windows to break spontaneously. You have nothing to lose?
Tlc

victoriavictorious

davemorton wrote: »

What date was the window installed? There has been a few issues with Velux windows, so a google could put some light onto it. Below is one such recall, but I think there may be others.
http://recallalert.online/2017/10/03/velux-product-pane-warning-safety-notice/

Yes, we had the same issue and Velux replaced the cracked pane free of charge.