Im a Private tenant & got a broken window who has to pay? - HotUKDeals
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Im a Private tenant & got a broken window who has to pay?

mrfun1981 Avatar
5y, 11m agoPosted 5 years, 11 months ago
During the early hours of the the morning some one thrown something at one of the bedroom windows at the front of the house. The window is double glazed & the front part smashed leaving a big hole & cracks in the window going all away to the frame in each direction. But thankfully the inner window didn't smash.

Iv called the police & have given me a crime ref number but are not coming out as no one saw anyone do it.

Iv called my landlord who is not coming out until tomorrow to look at it. But he did say that any broken glass that i have to pay for. Is this correct even tho i didn't brake it or does he have to pay for it & is just trying to on with me to save him self a few £'s?
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mrfun1981 Avatar
5y, 11m agoPosted 5 years, 11 months ago
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#1
who pays the buildings & contents insurance ???
#2
He pays. not you,

If you pay tell him you will take it out of next months rent.
#3
Surely it comes under the building insurance, I rent a house but why would I need building insurance for something I don't own.
#4
You didn't break it - so down to the Landlord
#5
i got to admit iv currently not got any insurance at this property but even if i did i dont think i can get buildings insurance as i dont own the house.

Im not sure if the landlord has any building insurance or not
1 Like #6
dont see how you can be liable for criminal damage by persons unknown to a property you dont even own!
#7
mrfun1981
i got to admit iv currently not got any insurance at this property but even if i did i dont think i can get buildings insurance as i dont own the house.

Im not sure if the landlord has any building insurance or not


Problem = his
#8
This would suggest its the landlords problem:

http://news.bbc.co.uk/1/hi/wales/north_west/4599282.stm

A quick search on landlordzone.co.uk seems to back this up - unless it's malicious damage, the landlord is responsible.

http://www.landlordzone.co.uk/forums/showthread.php?392-Broken-Window-Who-Pays

Edited By: bblgoose on Dec 05, 2010 16:48
banned 1 Like #9
Adam2050
Surely it comes under the building insurance, I rent a house but why would I need building insurance for something I don't own.


Have you ever hired a car? I'm fairly sure I had to pay insurance when I have!

It all depends on the contract. Why should a landlord pay for something you are supposed to be in charge of and exclusions CAN and DO go into contracts.
#10
seems you can't have buildings insurance as a tenant anyway
Not sure why they'd claim on insurance, it'd cost more (surely) in excess
#11
Landlords responsibility, he will need the Crime No. to claim from his insurance
#12
guv
Adam2050
Surely it comes under the building insurance, I rent a house but why would I need building insurance for something I don't own.
Have you ever hired a car? I'm fairly sure I had to pay insurance when I have!It all depends on the contract. Why should a landlord pay for something you are supposed to be in charge of and exclusions CAN and DO go into contracts.

Indeed but this isn't the same thing really.

As above.
#13
I am a landlord. As such I am responsible for the building and my tenant for the contents that he owns. In this instance I would claim for the repairs on my buildings insurance and the tenant would pay nothing.
The property management company would ensure that the repair was done ASAP - normally the same day.
#14
Whan I rented a house, the contract stated the I was responsible for window breakages. It all depends what your contact states.
1 Like #15
Banana79
Whan I rented a house, the contract stated the I was responsible for window breakages. It all depends what your contact states.


No it doesn't. It's not the tenants property and the tenant hasn't damaged it, so as far as the law is concerned, it's the landlords problem - a clause trying to wriggle out of that would be deemed unfair.

Of course, getting the landlord to actually pay could be a whole other battle.
suspended#16
I always thought that buildings insurance was compulsory for homeowners.

Edited By: Hissy Miss on Dec 05, 2010 17:01
#17
Hissy Miss
I always thought that buildings insurance was compulsory for homeowners.


It's usually a mortgage requirement, but I don't think it's compulsory if there's no mortgage on the property. I could be wrong though.
#18
Hissy Miss
I always thought that buildings insurance was compulsory for homeowners.


No, although most, if not all mortgages state that the house must be insured until it is paid off. There was a case on the TV a few months back of a family who had paid off their mortgage, and then not renewed the insurance because they couldn't afford it. Weeks later a fire ripped through the terrace and they were left with nothing.
suspended#19
peodude
Hissy Miss
I always thought that buildings insurance was compulsory for homeowners.
No, although most, if not all mortgages state that the house must be insured until it is paid off. There was a case on the TV a few months back of a family who had paid off their mortgage, and then not renewed the insurance because they couldn't afford it. Weeks later a fire ripped through the terrace and they were left with nothing.

That is such a shame. What if you like is a flat in a communal building? Is it still not compulsory then?
#20
Hissy Miss
That is such a shame. What if you like is a flat in a communal building? Is it still not compulsory then?
Flats are awkward, since in the main flats are leasehold (often someone else owns the block, therefore the lease) whereas in the main, houses are freehold.
Therefore with flats, you often pay a service charge to the leaseholder which should cover building's insurance
banned#21
peodude
Hissy Miss
I always thought that buildings insurance was compulsory for homeowners.
No, although most, if not all mortgages state that the house must be insured until it is paid off. There was a case on the TV a few months back of a family who had paid off their mortgage, and then not renewed the insurance because they couldn't afford it. Weeks later a fire ripped through the terrace and they were left with nothing.

Oh well they probably ended up with a free council house.
#22
bblgoose
Banana79
Whan I rented a house, the contract stated the I was responsible for window breakages. It all depends what your contact states.


No it doesn't. It's not the tenants property and the tenant hasn't damaged it, so as far as the law is concerned, it's the landlords problem - a clause trying to wriggle out of that would be deemed unfair.

Of course, getting the landlord to actually pay could be a whole other battle.


^^^ this would sound like my landlord all over!!!

got to get ready for work in a min, so will get my contract out in the morning & have a good read. But if this is the case is there any law i could try & quote to him to get him to pay
banned#23
mrfun1981
bblgoose
Banana79
Whan I rented a house, the contract stated the I was responsible for window breakages. It all depends what your contact states.
No it doesn't. It's not the tenants property and the tenant hasn't damaged it, so as far as the law is concerned, it's the landlords problem - a clause trying to wriggle out of that would be deemed unfair. Of course, getting the landlord to actually pay could be a whole other battle.
^^^ this would sound like my landlord all over!!!got to get ready for work in a min, so will get my contract out in the morning & have a good read. But if this is the case is there any law i could try & quote to him to get him to pay

Just move out and leave it broken if he starts being a k**b.

Good luck!
#24
DLM
Just move out and leave it broken if he starts being a k**b.

Good luck!
Reported for swear filter avoidance :)
banned#25
boydent999
DLM
Just move out and leave it broken if he starts being a k**b.Good luck!
Reported for swear filter avoidance :)

Ok cry,cry :{
#26
Your landlord must have some sort of insurance.
#27
I'm a landlord and this is a landlords responsibility. Had you broken it from the inside either accidentally or negligently, then you would have to pay.

As it was criminal damage, I would either pay or claim off insurance.
#28
Thanks for all your replies, it looks like every one on here is spot on

IV checked my contract an it says

keep clean the windows of the premises and replace all broken glass


But some one on another site gave me this great link

http://www.letlink.co.uk/GeneralInfo/AST%20RA02%20Notes%202006.pdf

An in it, it explains all the clause in the tenancy here is what is says about glass:

This is a standard clause that requires the tenant to replace any panes
of glass broken during the tenancy. However, where the breakage is on an external window
and not caused by the tenant (e.g. by an unknown third party) then the landlord would be
responsible for the repair and should claim under his buildings insurance


So look like me & my landlord will be having words when he decides to come around to look at it, He is a non-english man that's hates it when i explain to him that im in the right like iv had to to before on things.
#29
mrfun1981
Thanks for all your replies, it looks like every one on here is spot on

IV checked my contract an it says

keep clean the windows of the premises and replace all broken glass


But some one on another site gave me this great link

http://www.letlink.co.uk/GeneralInfo/AST%20RA02%20Notes%202006.pdf


An in it, it explains all the clause in the tenancy here is what is says about glass:

This is a standard clause that requires the tenant to replace any panes
of glass broken during the tenancy. However, where the breakage is on an external window
and not caused by the tenant (e.g. by an unknown third party) then the landlord would be
responsible for the repair and should claim under his buildings insurance


So look like me & my landlord will be having words when he decides to come around to look at it, He is a non-english man that's hates it when i explain to him that im in the right like iv had to to before on things.


I know how it feels, we've had a broken window since 5th sept... the landlady is replacing it for free, but when? also since 5th sept had a broken oven and it finally got replaced the friday just gone!

also have a damaged roof but thats a whole new story thats not yet fixed lol.

Just keep at it, at least its not single glazed or smashed all the way through

Edited By: golemsmate on Dec 06, 2010 09:24
#30
You will find no reference in law to say that the landlord is responsible for footing the bill.
He may be responsible for getting it repaired, but it is not for him to pay for it.

The landlord does not need insurance, so those that say it is up to him to claim from it are incorrect, as the law does not require him to have any.
#31
thesaint
You will find no reference in law to say that the landlord is responsible for footing the bill.
He may be responsible for getting it repaired, but it is not for him to pay for it.

The landlord does not need insurance, so those that say it is up to him to claim from it are incorrect, as the law does not require him to have any.


So are you trying to say you think he will still make me pay to get it fixed even I don't own the house nor did the damage? How can that be right?

Iv made my mind up until proven otherwise there no way I should have to pay for it!
#32
mrfun1981


So are you trying to say you think he will still make me pay to get it fixed even I don't own the house nor did the damage?


I have no idea what your landlord will do. I don't know him or you.

mrfun1981

How can that be right?


You have possession of the house, you are to give it back to him in the same condition you received it minus fair wear and tear.
He didn't break the window. Why should he have to pay?

Let's say that somene had a grudge against you, and smashed a window in your house every week for 3 months.
Would you think the landlord would just replace them everytime as it wasn't you that was smashing them?

If you hired a car and the window was smashed, and you returned it smashed, would you expect the car rental company to deduct the amount from your deposit?

Whilst the landlord owns the house, it is yours for the duration you occupy it.
#33
It really depends, the guttering just fell off the house i rent out due to the weight of ice/snow. I could say act of god and not have it fixed but my tennants are great and im sorting it for them now. If its a one off thing and you pay your rent on time all the time i cant see why your landlord wouldnt pay to fix it, but its not your god given right that he should.
#34
thesaint


You have possession of the house, you are to give it back to him in the same condition you received it minus fair wear and tear.
He didn't break the window. Why should he have to pay?

Let's say that somene had a grudge against you, and smashed a window in your house every week for 3 months.
Would you think the landlord would just replace them everytime as it wasn't you that was smashing them?

If you hired a car and the window was smashed, and you returned it smashed, would you expect the car rental company to deduct the amount from your deposit?

Whilst the landlord owns the house, it is yours for the duration you occupy it.


I could turn that around & say if some one had a grudge with my landlord & went around vandalizing the out side of his house's surely then he couldnt really expect all his the tenants to pay for the fact that some one dont like him

As for the car the company would be insured for damgage to there property & if i smashed it they could claim on the insurance & then bill me BUT if it was proven it was done by a 3rd party they would not be able to bill me.

With a house i DONT own the building and cant get insurance for the building so how can i claim for damages that a 3rd party does to the house i cant!!! So that is surely down to the landlord.

An the house is NOT mine while i occupy it as the landlord still has to maintain & do repairs to the house when needed
#35
mrfun1981


I could turn that around & say if some one had a grudge with my landlord & went around vandalizing the out side of his house's surely then he couldnt really expect all his the tenants to pay for the fact that some one dont like him


Yes, you could turn it around. The law doesn't support your theory though.

mrfun1981


As for the car the company would be insured for damgage to there property & if i smashed it they could claim on the insurance & then bill me BUT if it was proven it was done by a 3rd party they would not be able to bill me.



Really, so if you hired a car, and could prove that you didn't damage it yourself, the insurance company wouldn't be able to bill you? Okay.

mrfun1981


With a house i DONT own the building and cant get insurance for the building so how can i claim for damages that a 3rd party does to the house i cant!!! So that is surely down to the landlord.

An the house is NOT mine while i occupy it as the landlord still has to maintain & do repairs to the house when needed


Your landlord has a statutory duty to maintain specific items.
He can charge you. It's that simple.






Edited By: thesaint on Dec 07, 2010 22:12
#36
I no that this is an old post but i have a similar problem. My bedroom window got smashed 4 months ago. The person that smashed it has apparently paid my landlord for the window but he still hasn't fixed it. He keeps coming up with excuses as to why he hasn't done it yet. I have been paying my rent but in getting to the point that i don't know what to do. The flat is freezing its affecting my health and mould has started growing on the wall underneath window. Do i have rights to with hold his rent until the window has been fixed? Any help would be much appreciated.
#37
http://m.england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_rented_homes_-_whos_responsible_for_what

this has a good bit of information about repairs, especially with regards to what is classed as an urgent repair. Windows are classed as urgent as it means your home is not secure and also you cannot heat your home. I would speak to citizens advice and they can advise you on how to proceed with the landlord, I had to do this when my boiler broke and the landlord took over 3 weeks to even look at it. If youre withholding rent the money needs to be in your bank account so you can prove you have the cash ready to pay when the problem is sorted. You also need to give your landlord notice in writing that you are withholding and why.

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