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?
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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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.
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.
I have no idea what your landlord will do. I don't know him or you.
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.
Yes, you could turn it around. The law doesn't support your theory though.
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.
Your landlord has a statutory duty to maintain specific items.
He can charge you. It's that simple.
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Oh well they probably ended up with a free council house.
If you pay tell him you will take it out of next months rent.
Im not sure if the landlord has any building insurance or not
Problem = his
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
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Not sure why they'd claim on insurance, it'd cost more (surely) in excess
Indeed but this isn't the same thing really.
As above.
The property management company would ensure that the repair was done ASAP - normally the same day.
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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.
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?
Therefore with flats, you often pay a service charge to the leaseholder which should cover building's insurance
^^^ 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!
Ok cry,cry
As it was criminal damage, I would either pay or claim off insurance.
Thanks for all your replies, it looks like every one on here is spot on
IV checked my contract an it says
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:
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
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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!
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
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.
landlordlawblog.co.uk/201…ie/