Criminal damage

Stephjm13

Hi I live in a privately rented property and in November last year my home was mistakenly attacked by someone thinking it was the house of someone else up the road, the police were involved and I had to move out of the home for 1 month as I had no secure windows or front door. The landlord eventually replaced the windows one month after the incident but still hasn't replaced the door, I live on my own and feel vulnerable and not safe.  Where do I stand with paying rent for the month I wasn't able to live in the property? I did pay but it has left me struggling as the landlord wouldn't take my son off the tenancy agreement 2 years ago when he moved out so I couldn't get financial help due to being off work for the month with PTSD because of the trauma of what happened. Can anyone advise please?

canaldumidi

I'm not sure of the relevance of your son being on the tenancy agreement, but if the property was uninhabitable then the LL should either have agreed with you to end the tenancy (if you wanted), or should have provided alternative accomodation until the property was made habitable again.

Any sensible LL would have insurance that would cover this cost.

Whether the property was uninhabitable is a question of law which could be determined either a court, or by reviewing precedents (previous similar court cases).

no secure windows or front door.

Do you mean the windows could not be locked? Could not be closed? The glass was broken? Or what?

Do you mean literally no front door, or no secure front door? If the latter, how was it insecure? Could it be closed? Was the lock broken? Was there a latch but nolock? Or what?

Atomix

I don't know where you stand (regards to the rent) just wanted to wish you well, stay strong and hope you work everything out with the landlord. (I know if I was your Landlord that door would be fixed (as its in both interests - surely), and I'd give you a months rent - grace - as a goodwill gesture) some things in life aren't just about where you stand legally, and I think this is one of them.

And, I sincerely hope - that you're right about this - "last year my home was mistakenly attacked by someone thinking it was the house of someone else up the road" - and it doesn't happen again.

Stephjm13

Thank you for your response, the perpetrator actually attacked the house and the person in the right property the same night and went back and attacked his property again beginning if the year. The police have been amazing and because of DNA left behind they should have picked the guy up over the weekend

Stephjm13

Canaldumidi... Thank you for your response.  The glass was smashed in 4  windows, and the door the 1 pane/skin of glass was broken leaving a single pane/skin, the frame/structure is broken and if it were pushed hard it would cave in also the door is incredibly difficult to lock because of the damage done to it.  The LL didn't do the repairs through his insurance, as he, and I quote

 " didn't want to pay out £300"  he offered no help and was surprised when he messaged me to find I wasn't living at the property 1 week later. I also want to add the property only has a coal fire that heats 1 room no other heating, the upstairs is incredibly cold as the front door is at the foot of the stairs. 

canaldumidi

It might be worth a phone call to Environmental Health at the council, or their Private Tenancy Officer if they have one, to ask specifically whether "The glass was smashed in 4  windows, and the door the 1 pane/skin of glass was broken leaving a single pane/skin, the frame/structure is broken and if it were pushed hard it would cave in also the door is incredibly difficult to lock" would constitute 'uninhabitable'.

My guess is, yes, but it's just a guess.

" didn't want to pay out £300". I assume that's his excess on the policy, though I'm sure the repairs must have cost him more than that. Of course if he claimed, his premium next yeay would also increase which might make him prefer not to claim.

But if he ends up having to cover your accomodation cost he might regret that.

When you moved out, where dd you go? Assuming you can claim on the basis the property was uninhabitable, then if you went to a hotel you could claim the hotel cost (and arguably meals out since you can't cook in a hotel). But if you stayed with friends/family, then you are not out of pocket and cannot claim - though could have done at the time by saying you had nowhere to go except a hotel, unless he re-housed you eg in another property he owned.

Stephjm13

Hi thank you for that, the information you have given has been very helpful I really appreciate it. Once again many thanks