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Broken window - who is responsibe?

Hi,

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.

I took a few pictures and informed the landlord, assuming it would be covered by his insurance and he would replace it. I heard back from him this morning. He said he was sorry to hear what happened but that it was my responsibility to replace it. He said he doesn't mind whether I do it now or not, as along as it's done when we check out in the future. He said his insurance will not pay for it.

Would be grateful for any thoughts on who is responsible to fix it?
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Comments

  • EmmyLou30
    EmmyLou30 Posts: 599
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    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.
  • pinklady21
    pinklady21 Posts: 870 Forumite
    But it wasn't the tenant who broke the window. It was unidentified yobs. I am not sure it is as clear cut as saying tenant is responsible, they do not own the window.
    If the window was damaged in a storm, say, would that be the tenant's responsibility?
    Interested to hear what others think.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    The landlord is responsible for keeping in repair the structure and exterior of the dwelling-house so the landlord should repair the window. Even if the OP had damaged the window the landlord would still be responsible for repairing it but could charge the tenant for it.

    See G_M's Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

    I think it would be worth the OP reporting the crime to the police to get a crime reference number just to cover his (or her) backside.

    Edit: https://england.shelter.org.uk/housing_advice/repairs/housing_standards_in_private_rented_homes
  • saajan_12
    saajan_12 Posts: 3,594
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    The LL's insurance is irrelevant. There's two separate issues here
    1) WHO HAS TO FIX: The LL has an obligation to keep the property in good repair so even if the tenant damaged the window, the LL would need to ensure it is not dangerous by getting the window repaired and charging the tenant if the tenant doesn't resolve it in a timely manner.

    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.

    Source: https://england.shelter.org.uk/housing_advice/repairs/damage_or_wear_and_tear
  • Pixie5740
    Pixie5740 Posts: 14,515
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    saajan_12 wrote: »
    The LL's insurance is irrelevant. There's two separate issues here
    1) WHO HAS TO FIX: The LL has an obligation to keep the property in good repair so even if the tenant damaged the window, the LL would need to ensure it is not dangerous by getting the window repaired and charging the tenant if the tenant doesn't resolve it in a timely manner.

    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.

    Source: https://england.shelter.org.uk/housing_advice/repairs/damage_or_wear_and_tear

    You should probably read the whole article you linked to, specifically....
    Damage due to crime
    It's usually the landlord's responsibility to repair damage caused by a crime.

    Examples include:

    windows broken by a burglar
    vandalism in a shared area such as a garden or hallway
    If your home has been damaged by crime, contact the police and ask for a crime report number.

    Tell your landlord if there has been any criminal damage to your home. Report any repairs you need and give your landlord a reasonable time to fix the problem.

    It is not your landlord's responsibility to replace any of your belongings that are stolen or damaged through crime.

    The OP did not break the window. The OP's guests did not break the window. The OP is not liable.
  • letitbe90
    letitbe90 Posts: 345 Forumite
    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 don't think Saajan was implying the OP had to pay for the repair - from his post I gathered it was the LL's responsibility.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    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.
    Well exactly, the homeowner pays, so in this case the landlord.
  • Thank you all, that's a goldmine of information and a big relief! I did report the incident to the police and have a reference number for the report. Now I need to figure out a way to put this all across to the landlord in a diplomatic manner :)

    Thank you again for all the comments, you've been hugely helpful!
  • Pixie5740
    Pixie5740 Posts: 14,515
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    letitbe90 wrote: »
    I don't think Saajan was implying the OP had to pay for the repair - from his post I gathered it was the LL's responsibility.

    That is a good point well made.
  • pinkshoes
    pinkshoes Posts: 20,039
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    anonyjohn wrote: »
    Hi,

    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.

    I took a few pictures and informed the landlord, assuming it would be covered by his insurance and he would replace it. I heard back from him this morning. He said he was sorry to hear what happened but that it was my responsibility to replace it. He said he doesn't mind whether I do it now or not, as along as it's done when we check out in the future. He said his insurance will not pay for it.

    Would be grateful for any thoughts on who is responsible to fix it?

    As this was an act of vandalism, it is the landlord's responsibility to pay.

    Did you report the vandalism to the police? Did you get a crime number?

    If not, then the LL might question why you didn't when it comes to whether he things it was vandalism (he pays) or you broke it (he deducts the cost from your deposit).
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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