Storm damage - landlord wants us to pay

penwicketh

We recently had our porch door completely blow off its hinges, during really high winds when Storm Ciara came through last weekend. The door didn't completely blow off - one hinge remained intact, but the force of the door coming off also damaged the surrounding frame.

We reported this immediately, and after waiting for our landlord to get back to us about repairs, he has said that his insurance won't cover the bill but "as a landlord, it is not for me to bear the full financial cost".

Though he's not explicitly asked for us to pay the full bill, he seems to see us as partially liable for this 'freak' occurrence. His only basis for this being that the door was not fully locked (we don't normally lock this door unless we're all out), suggesting that not locking the door was somehow negligent on our part. It was fully closed, however, at the time. In addition, it can't be opened by key or otherwise, from inside when the lock is activated, making locking it a fire hazard (this we have also reported but never fixed).

What do people think? Is it part of a tenant's responsibility of care to think "it's windy today, i'd best lock all the doors in case any of them blow off"? I don't think we as tenants are liable for this and i'm very reluctant to pay a penny. I'm also questioning why his insurance won't cover it.

NewShadow

What does your contract say?

penwicketh

I don't have it to hand, but I wouldn't have thought there would be a precedent for expecting tenants to cover a door, which would be considered a 'fixture' when damaged in this way?

I will check it asap though.

SameOldRoundabout

I would not be paying. It’s a freak accident, not caused by you, and even if you were found to be negligent by not locking the door (which would be a surprise, my back door is unlocked 90% of the time we are in!) it is still not your fault as you’d reported the hazardous lock previously. I’m also not sure why insurance wouldn’t cover it, unless they’ve said it should have been locked. Again, I personally wouldn’t be locking a door that couldn’t be unlocked. 

Check your contract but I don’t think tenants are responsible for paying for damage caused by nature. 

theartfullodger

Thank the landlord for his kind offer that you pay but politely decline.

Confirm, in writing, keep copy, that door is damaged and landlord must repair. If you wish use Shelter template letter to report repair issues.. see

https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord 

It's landlord responsibility to fix doors & windows.

Artful: Landlord since 2000

onwards&upwards

100% definitely not your responsibility.

diggingdude

ask the landlord if they would like to contribute to your car upgrade as it got scratched in the storm whilst on their property. When they refuse, point out you won't be paying towards the door

notrouble

No need to check your contract. Even if it includes some clause that somehow makes you liable, it would be unenforceable

This is the LL's responsibility. Follow the Shelter process for enforcing repairs on the landlord, including, ultimately, getting the repair done yourself and deducting the cost from the rent - but you must follow the Shelter process for this.

https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord

https://england.shelter.org.uk/housing_advice/repairs/doing_the_repairs_if_your_landlord_wont

tom9980

Sounds like the landlord should pay. I would refuse make sure to retain evidence including pictures should the landlord try to take some deposit in the future.

davidmcn

Whether it's insured or not is the landlord's problem, nothing to do with whether it is a landlord or tenant liability. Have you been told how much the damage is? I suspect it will be insured, but after the excess and whatever effect a claim has on premiums, probably not worth the landlord's while claiming for.

penwicketh

Thanks so much for the comments everyone. I knew we were right to dispute this but it's reassuring having the back up