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J4L

Broken Window

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Hi all,

Not been on here since around September if we look at the last time I wrote anything.

This is all good though because it means we're very very busy. :rolleyes:

Here's a nice story for you to mull over this fine morning.

Happened to us a few weeks ago and just wanted to share it because you can never tell what's going to happen day by day in this industry.

Ok few weeks ago we have received at 4.30am a message on our phone from a tenants mother saying that her daughter has been out drinking and had been followed home by some people who had attempted to force entry into the house. There was some sort of incident, ahe managed to get in and shut the door but this person kicked the door so hard (UPVC Style) it cracked across the middle ( beyond repair) and then proceeded to smash the lounge window and run off.

I called the tenant back at 9am when I picked up the message and she gave me the whole story above and asked if I could get somebody to board this up and then sort getting it repaired. I said of course I could but that she would have to pay for it as windows and doors are her responsibility ( stated in the AST).

Lo and behold I then start to get phone calls and letters from CAB. I think the 'boy' who I spoke to, and I say that with the greatest respect because he sounded about TEN, had just gotten his law degree and was 'practising' in the CAB on a voluntary basis until he could find a 'proper' job.

Then it was Shelter and then Environmental Health on my case.

I have 'battled' with the first 2 but not EH as we do have a great relationship here with them but it turns out that your tenant, if they so feel, can walk outside YOUR house that they rent off you, smash all the windows, say it was vandals, and YOU have to replace them.

If you don't you'll get threatened with court action by Shelter (which for the record I said "you go for it, I can't wait" haha)

But even following discussions with lots of people on this it becomes the Landlords responsibility and they throw the Housing Act disrepair clause at you.

I have to say though that of course, we always advise Landlords to have 'adequate' insurance on the building but this situation had never arisen before so now when we give advice we make sure they have malicious damage included on their cover as this Landlord did not and now it's going to cost her about £800.

So a return to the forum and a little advice passed on to those who haven't experienced this or something like this before.

(oh and by the way the CAB volunteer tried to tell me that the clause in my AST would not be accepted by a court as it would be seen as an unfair term! Again of course I responded with "there's only one way to find that out isn't there)

J4L

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Yup! Everything is stacked against the Landlord these days. Interesting story though.

Whilst we are on the subject of insurance I would recommend that every landlord takes out the legal package with their property insurance especially in today's suing culture for breaking a finger nail. Mine cost me £29 tacked onto my house insurance. Covers me for nearly everything likely to happen.

Mel.

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Indeed everything is stacked against the landlord in a case like this. However, have you thought about carrying out the repair and then suing the tenant in smal claims court? Just a thought.

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yes definitely thought of this one.

Long story short we DO have evidence that this girl knows the perpetrator ( said so in so many words on her facebook!!!)

It's something we are weighing up at the moment so watch this space . . .

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