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

Just be reasonable. Ask the landlord if in the event of a storm that removed tiles from the roof would he feel it is your responsibility to repair the damage. As this is external damage not caused by you I would expect the treatment to be no different i.e wear and tear, which is a landlords obligation. Funnily enough my friend had an identical issue (he posts on here) but as he has a good deal on his rent he showed goodwill and paid for the repair himself.
 
If your contract is an AST (Assured Shorthold Tenancy), then the Landlord is responsible for completing all repairs. Depending on circumstances, they may then bill you.

This is dependent on the actual contract you signed, however. Most will decree that any "malicious" damage is repairable by the tenant. In your particular case, the Landlord should be expected to repair the damage via their own Buildings Insurance.

As mentioned before, in pretty much 99% of tenancy situations, the Landlord keeps the Buildings insurance, the Tenant keeps the Contents insurance.

If you've signed something that says "Any damage to windows is repairable by the tenant", or similar, your circumstances change.


EDIT:

I also belive the legal clause you're looking for is Section 11 of the Landlord and Tenant Act, 1985:

http://www.lettings-landlords.co.uk/info/sec_11.html
 
Last edited:
mrfun1981 said:
As im at work all night, could any one do me a favour please see if there is a law out there that would cover my ass even if the contract says other wise

Cheers
Click to expand...

My wife tells me that the tenancy agreement we have with our tenants it has a clause which states:

"the tenant agrees to replace all broken glass in doors and windows damaged during the tenancy".

She says this is standard as contents insurance covers broken glass in attempted break ins, accidental damage and similar circumstances. But as it was done by a third party and is an external window or there is no insurance coverage then the landlord is responsible.

However she also said that regardless of this We have a legal duty to maintain the property in a liveable state and this could include external windows under s11 of the Landlord & Tenancy act.

http://www.lettings-landlords.co.uk/info/sec_11.html

http://www.letlink.co.uk/GeneralInfo/AST RA02 Notes 2006.pdf

5.6. Broken 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.
Click to expand...

So in effect legally your Landlord is responsible for the repair, not you.
 
Last edited:
Castiel said:
Unless there is a statutory requirement the contract can state whatever it likes and both parties who agreed to it would have to abide by it.

I don't think there is a statutory requirement regarding who pays for criminal damage.
Click to expand...

As I said in my post, in this scenario. The windows form the structure of the building, and responsibility lies with the landlord under the landlord and tenant act.

Any such clauses in the contract trying to transfer responsibility for this obligation will be deemed unfair and invalid.
 
kibblerok said:
As I said in my post, in this scenario. The windows form the structure of the building, and responsibility lies with the landlord under the landlord and tenant act.

Any such clauses in the contract trying to transfer responsibility for this obligation will be deemed unfair and invalid.
Click to expand...

As my wife told me when I asked her about the agreement we have with our tenants. Hence my post above...:)
 
Castiel said:
Unless there is a statutory requirement the contract can state whatever it likes and both parties who agreed to it would have to abide by it.

I don't think there is a statutory requirement regarding who pays for criminal damage.
Click to expand...

Doesn't the law say something like the property has to be fit to be rented out

it now has a broken window so it isn't fit, hence it's the landlords legal obligation to fix it afaik, no matter who broke it
 
Yeah, I had a few threads open that I was reading through and replied on that last, maybe i should refresh in future :p
 
I had a window broken in a rented house once, not sure how it happened, but the general consnsus was that it was kids/vandals, as it was broken from the outside rather than from the inside, by a stone or something similar.

My letting agency/landlord were pretty good about it, it was fixed in about 4 days, but it was only the outer glass of the double glazing that was smashed.

I did enquire about emergency replacement, to pay myself and claim back, but it was a case of getting it boarded up and waiting a few days for the hardware, either way it meant waiting as they had to get the window and then organise a fitter, so it was fair enough.

As far as im aware, it is the landlords problem, unless it was obvious neglect, its a standard thing, unless you have a really strange contract, then the building insurance is the owners responsiblity.
 
Last edited:
I was burgled in Leicester and all the doors were kicked in.

Agency replaced them with really cheap £10 jobbies, the landlord got them stripped out and original style £100 doors put in (100 year old house).
 
Castiel said:
My wife tells me that the tenancy agreement we have with our tenants it has a clause which states:

"the tenant agrees to replace all broken glass in doors and windows damaged during the tenancy".

She says this is standard as contents insurance covers broken glass in attempted break ins, accidental damage and similar circumstances. But as it was done by a third party and is an external window or there is no insurance coverage then the landlord is responsible.

However she also said that regardless of this We have a legal duty to maintain the property in a liveable state and this could include external windows under s11 of the Landlord & Tenancy act.

http://www.lettings-landlords.co.uk/info/sec_11.html

http://www.letlink.co.uk/GeneralInfo/AST RA02 Notes 2006.pdf



So in effect legally your Landlord is responsible for the repair, not you.
Click to expand...

Thank you very much!! Been very help full

I did have a quick look at the tenancy before I went out an all it says is:

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

Now to me that is just like what your wife said. So after reading the links you sent it looks like my landlord will have to pay up to get it fixed
 
mrfun1981 said:
Thank you very much!! Been very help full

I did have a quick look at the tenancy before I went out an all it says is:

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

Now to me that is just like what your wife said. So after reading the links you sent it looks like my landlord will have to pay up to get it fixed
Click to expand...

You are most welcome.:)
 
You must log in or register to reply here.
Back
Top Bottom