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

Posted 5th Dec 2010
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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  1. deleted139315's avatar
    Anonymous User
    dont see how you can be liable for criminal damage by persons unknown to a property you dont even own!
  2. deleted42588's avatar
    Anonymous User
    Adam2050

    Surely it comes under the building insurance, I rent a house but why … 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.
  3. bblgoose's avatar
    bblgoose
    Banana79

    Whan I rented a house, the contract stated the I was responsible for … 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.
  4. deleted41316's avatar
    Anonymous User
    mrfun1981

    So are you trying to say you think he will still make me pay to get it … 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.

  5. deleted41316's avatar
    Anonymous User
    mrfun1981

    I could turn that around & say if some one had a grudge with my landlord … 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 … 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 … 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)
  6. deleted94047's avatar
    Anonymous User
    peodude

    No, although most, if not all mortgages state that the house must be … 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.
  7. choc1969's avatar
    choc1969
    who pays the buildings & contents insurance ???
  8. BladeY's avatar
    BladeY
    He pays. not you,

    If you pay tell him you will take it out of next months rent.
  9. Adam2050's avatar
    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.
  10. DAMNOME's avatar
    DAMNOME
    You didn't break it - so down to the Landlord
  11. mrfun1981's avatar
    mrfun1981 Author
    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
  12. deleted80385's avatar
    Anonymous User
    mrfun1981

    i got to admit iv currently not got any insurance at this property but … 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
  13. bblgoose's avatar
    bblgoose
    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.

    landlordzone.co.uk/for…ays
    (edited)
  14. Lilly_White's avatar
    Lilly_White
    Landlords responsibility, he will need the Crime No. to claim from his insurance
  15. Adam2050's avatar
    Adam2050
    guv

    Have you ever hired a car? I'm fairly sure I had to pay insurance when I … 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.
  16. rdwarr's avatar
    rdwarr
    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.
  17. deleted90838's avatar
    Anonymous User
    Whan I rented a house, the contract stated the I was responsible for window breakages. It all depends what your contact states.
  18. Hissy.Miss's avatar
    Hissy.Miss
    I always thought that buildings insurance was compulsory for homeowners.
    (edited)
  19. bblgoose's avatar
    bblgoose
    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.
  20. peodude's avatar
    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.
  21. Hissy.Miss's avatar
    Hissy.Miss
    peodude

    No, although most, if not all mortgages state that the house must be … 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?
  22. boydent999's avatar
    boydent999
    Hissy Miss

    That is such a shame. What if you like is a flat in a communal building? … 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
  23. mrfun1981's avatar
    mrfun1981 Author
    bblgoose

    No it doesn't. It's not the tenants property and the tenant hasn't … 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
  24. deleted94047's avatar
    Anonymous User
    mrfun1981

    ^^^ this would sound like my landlord all over!!!got to get ready for … ^^^ 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!
  25. boydent999's avatar
    boydent999
    DLM

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

    Reported for swear filter avoidance
  26. deleted94047's avatar
    Anonymous User
    boydent999

    Reported for swear filter avoidance



    Ok cry,cry
  27. deleted234298's avatar
    Anonymous User
    Your landlord must have some sort of insurance.
  28. DHaste's avatar
    DHaste
    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.
  29. mrfun1981's avatar
    mrfun1981 Author

    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 panesof … This is a standard clause that requires the tenant to replace any panesof glass broken during the tenancy. However, where the breakage is on an external windowand not caused by the tenant (e.g. by an unknown third party) then the landlord would beresponsible 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.
  30. golemsmate's avatar
    golemsmate

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

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



    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)
  31. deleted41316's avatar
    Anonymous User
    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.
  32. mrfun1981's avatar
    mrfun1981 Author
    thesaint

    You will find no reference in law to say that the landlord is responsible … 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!

  33. deleted93088's avatar
    Anonymous User
    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. mrfun1981's avatar
    mrfun1981 Author
    thesaint

    You have possession of the house, you are to give it back to him in the … 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. deleted990065's avatar
    Anonymous User
    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.
  36. sparky64's avatar
    sparky64
    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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