Broken window - who is responsibe?

Marvel1

EmmyLou30 wrote: »

Landlord insurance usually doesn't cover acts of vandalism which is essentially what this is, so he's probably right in saying his insurance doesn't cover it. In which case it falls to you to pay for it unfortunately....just as you would if you were the homeowner and someone vandalised your property and you couldn't catch the culprit and make him pay.

Big difference there.

saajan_12

saajan_12 wrote: »

2) WHO HAS TO PAY: The Tenant is liable for damage whether intentional, accidental, through negligence or but their guests. The LL is liable for wear & tear, as well as specific outside factors such as the LL's property being in poor repair beforehand, a neighbour's leak, and criminal behaviour from outside persons unrelated to the tenant.

Pixie5740 wrote: »

You should probably read the whole article you linked to, specifically....

The OP did not break the window. The OP's guests did not break the window. The OP is not liable.

I agree, that's what I said! Was just trying to make the clarification that generally, tenants should only pay for damage that is their 'fault' but that includes many things other than just intentionally punching a hole in the wall (or window).

In THIS case, the cause is genuinely neither the Landlord nor Tenant's fault, so until/unless the vandal can be found and held responsible, each party pays for their own property:
- LL pays for any damage to the building, their window, their furniture..
- Tenant pays for their personal possessions if damaged

PasturesNew

If it were your mates larking about, or your mates driving by, it's the tenant's responsibility as it was "the tenant/visitors/because it was them living there" that caused it.

Strangers/vandals is an attack on "the property", so it's the landlord's responsibility.

FBaby

I don't think it is black and white in the law as to who is financially responsible for the repair. It is clear that the LL has to ensure the property is secure though.

I was told (maybe wrongly!) by a LA that this is why they put a clause in the contract to indicate that in the case of vandalism, the tenant was responsible for informing the LL, the LL was responsible for securing the property, but the cost was the responsibility of the tenant.

Maybe it's worth checking if there is anything to that effect in the agreement.

[Deleted User]

Hi,

anonyjohn wrote: »

I rent a house in Yorkshire on the usual AST. On Tuesday evening, after the penalty shootout we had some celebrating yobs drive by, one of whom chucked a half empty beer can at one of the windows and broken the outer pane of the double glazing on one of the downstairs windows.

English supporters can't handle the beer, that's why you get the yobs, you will have more trouble on Saturday when they lose to Sweden, board up your windows.


They're coming home, coming home, coming home. :T