falling sash window breaks glass

[Sargasso]

The tenants have notified me that a sash windows came crashing down & 2 panes of glass smashed. they are claiming the rain caused it to happen, having followed the severe heat (I am actually told that the rain would make the wood expand due to the moisture.)

Anyway, I quoted from the Tenancy Agreement:

2.38 Where the tenant, his invited guests or visitors are responsible by any action for any cracked or broken windows or door glass on the premises, to promptly repair or replace such glass to the required specification and be liable for the costs involved.

This has caused outrage & they are mortified & disappointed!! Where do I stand? Insist on the clause? Split the bill 50/50 as goodwill - or does this set a precedent?

Help please!!

[Trenners]

Hi Sargasso,

I guess the question is "was the tenant responsible for the sash window crashing down?" or "is the sash window defective".

If the tenant (or invited guest) was responsible for causing the window breakage by closing the sash window in a forceful way - and you can PROVE that the tenant caused this damage - then I guess you should insist that the tenant pays for the damage. This is going to be difficult to prove though - right?

If the sash window is defective (and it therefore crashed down on its own) then you should get it repaired and you should pay for the replacement glass ASAP. It might be a safety hazard to the tenant otherwise.

If it was my sash window I would meet the tenant and go and check whether the sash window was defective or not and if so, I would get the sash window fixed and the glass replaced at my OWN expense. If the sash window is not defective then I would still get the glass replaced and try and reach a 50/50 compromise with the tenants without apportioning blame.

In summary, a happy tenant pays the rent and a disappointed and mortified tenant looks for another property - thereby causing the landlord a void period !

Good luck,

Mark

[F-Prop]

Sorry to ask the obvious, but what is the tenant doing with the windows wide open when it's raining??? It must have been open fully to crash down with enough force to break the glass... A sudden thunderstorm perhaps but I'm not too sure.

In these situations I always try to ask as many questions as possible about how/when/why it happened and you can usually tell when the tenant's lying as the story doesn't fit!

Trevor.