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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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I rent a property with my toddler and husband. On Thursday

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I rent a property with my toddler and husband. On Thursday evening we put the little one to bed as usual and waited outside his bedroom until he fell asleep. The following morning at 6:45 I went into his bedroom and pulled up the blind to find a big 8"crack in the bottom left hand corner of the inside pane of glass on the window, since then the crack has got bigger and has now run right into the top corner. My husband and I have really looked hard and there is no shattering or impact marks of any kind to suggest something has in any way made contact with the glass or "hit" it and the crack actually originates from inside the UPCV seal. The window ledge was completely clear and with the exception of a sleeping 3yr old (who had tonsillitis at the time so didn't move out of his bed all night) there was nobody in the room so I've honestly no idea how it happened. The landlord is adamant it's our responsibility to pay for and replace, spite us not causing it in any way? Kind regards, Laura
Hi Laura,

Are you 100% that you have used the property in a tenant-like fasion and that the damage has occured for some other reason?

Has the landlord alleged that you have not used the property in a tenant like fashion, or has he accepted that you are good/responsible tenants?

Tom
Customer: replied 3 years ago.

I'm pretty certain that the landlord acknowledges that we are good tenants. We have never breached the tenancy contract in any way and always reported any faults/repairs to the landlord in a good timely fashion so I cannot see any reason why they would think otherwise. The rent is always paid on time, in fact I've even started paying it 2 days early to make sure there is NEVER a delay in them receiving it. We definitely did not do anything to cause any damage to the window and we have always acted in a tenant-like manor. I honestly don't know how the damage has happened but we certainly did not do anything to cause it.


 


Kind regards,


 


Laura

Hi

Thanks for your patience.

The basic position is that the landlord is responsible to repair windows under s11(a) of the Landlord and Tenant Act 1985, since windows has been interpreted as forming part of the structure of the property.

The exception to this is where the damage has been caused by the tenant using the property or the windows not in a tenant-like fashion. So, where the tenant’s have been using the property/windows in a reasonable way such that any other normal responsible occupier would and the damage is caused otherwise then the tenants would not be responsible for the repair.

If you are convinced that you have used the property in a tenant like manner then you should attempt to get the landlord to repair them. You have a right to a property in repair and can enforce this against the landlord.

You should formally write to the the landlord (copying in the agent) specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.


If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/. Write to them first asking for the money and stating that you will issue a claim if it is not received.

Its pretty cheap and straightforward to use.

Open a file, send letters by registered post, keep copies of everything for use in any claim you may choose to issue at a later date.

If you do sue the landlord then there is obviously an element of relying on whose testimony the judge attaches the greater weight of evidence, but if it falls your way then you will be fine.

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Kind regards,


Tom
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