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Old 12 December 2005, 07:09 AM
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salsa-king
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Default Landlords help..broken glass?

anyone know if broken/smashed glass is the tennants or landlords responcibilty?

jusat had phone call at 6am from a tennant to say someone had thrown PHONEBOOK through the window!!

who pays?

its a Leese hold flat... so does the cartaker there sort out that with the buildings ins?


phil
Old 12 December 2005, 08:29 AM
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OllyK
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Don't quote me, but I thought things considered "general maintenance" are the responsibility of the Landlord, other "accidents" fall on the tennant.
Old 12 December 2005, 09:08 AM
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Your window, your responsibility. If you could prove the tenant had done the damage themselves that would be one thing. I reckon though that as the damage was clearly caused by a third person that the liability lies with you, the owner.
The fact it's leasehold probably won't come into it. While the regulations seem clear (section 11 of the Landlord and Tenant Act 1985) I'm just going from my own experience and what common sense tells me.

http://www.letlink.co.uk/Facts/Lfacts28.htm

Would also be a bit OTT to expect the tenant to pay for damage to your property caused by an accident. Bloody landlords eh, just want the money from their buy to lets and laugh all the way to the bank!
Old 12 December 2005, 09:11 AM
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fast bloke
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if the tennant ot their guest did it then they should pay. If it was someone else (from outside the property) then you have to pay
Old 12 December 2005, 09:27 AM
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I just had a proper look at that link for you and found this

"Furthermore, the landlord is clearly not responsible for a breakage by the tenant (e.g. broken window), for that would be the tenant's responsibility as part of his duty to use the premises in a tenant-like manner"
So if you can prove it was them you DON'T have to pay. One up for us rachmanists!
Old 12 December 2005, 09:29 AM
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scoobydooooo
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the tenant is responsible for breakages like that !! although we had one try to make us pay fpr a replacement light bulb once
Old 12 December 2005, 10:33 AM
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ajm
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Does the contract mention glass? When I rented out I stipulated in the contract that the tenants replace all broken glass.

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Old 12 December 2005, 10:39 AM
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scoobynutta555
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Originally Posted by scoobydooooo
the tenant is responsible for breakages like that !! although we had one try to make us pay fpr a replacement light bulb once
Bloody tenants. I'll bet that the broken window was by someone known to the tenant, usually is. Had a stalker type ex boyfriend try to kick down the front door of one of my houses last year. Tenant was charged for that.
And they always think that replacement of lightbulbs is a landlords responsibility
Old 12 December 2005, 08:49 PM
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salsa-king
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Originally Posted by ajm
Does the contract mention glass? When I rented out I stipulated in the contract that the tenants replace all broken glass.
OYEZ shorthold aggrement doesn't mention GLASS.

spoke to caretaker this morning and nothing showed on the CCTV in the entrance hall ways... he had his thoughts that the Boyfriend could be responcible!!! but have no proof!!

Glass fixed now... £40!!! fitted myself... well dad popped down to do it

oh well.. just hope its not every week



Phil
Old 12 December 2005, 09:12 PM
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Spoon
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BT are reponsible for the breakage for not ensuring their phonebooks are safe.
Old 12 December 2005, 09:28 PM
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Originally Posted by scoobynutta555
Bloody tenants. I'll bet that the broken window was by someone known to the tenant, usually is. Had a stalker type ex boyfriend try to kick down the front door of one of my houses last year. Tenant was charged for that.
And they always think that replacement of lightbulbs is a landlords responsibility
Or just got pissed up, getting out of control.

Bloody tenants....
Old 13 December 2005, 08:12 PM
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salsa-king
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Originally Posted by Spring Heeled Jack
Or just got pissed up, getting out of control.

Bloody tenants....
went down last night to trim last bits of putty off the inside of the window! tennant still hadn't cleared all the broken glass up! place looked like a bomb has hit it!
bloody tennants! lol

Phil
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