OT: Burglary Damage in Rented Flat: Who Pays?

pb21 · Jul 13, 2017

The flat we rent was broken into and in the process the front door lock was broken. This cost £100 to fix. We had to pay this as we had to get in a locksmith to fix the door on the evening of the burglary.

Now the landlord is saying that they aren't liable for this cost as burglary damage is the tenant's responsibility.

Is this correct?

Shelter suggests it's usually the landlord's responsibility, what does usually mean?

beorhthelm · Jul 13, 2017

the insurer.

i'd expect the landlord has buildings insurance (likely compulsory if they have a mortgage), while tenant may or may not be expected to have content insurance. as a door is part of the building, and probably less than the excess, i'd expect the landlord to cover.

Westdene Seagull · Jul 13, 2017

beorhthelm said:
the insurer.

i'd expect the landlord has buildings insurance (likely compulsory if they have a mortgage), while tenant may or may not be expected to have content insurance. as a door is part of the building i'd expect them to cover.

This ...... BUT it might also depend on what your tenancy agreement says.

Notters · Jul 13, 2017

A lot (no not all) of Landlords in Brighton really are scum aren't they? Surely it's in their interest to have the property secured?

pb21 · Jul 13, 2017

Westdene Seagull said:
This ...... BUT it might also depend on what your tenancy agreement says.

The most pertinent bit I can find is this:

"Section F: Additional terms between the landlord and tenant 1. As a condition of entering into this Tenancy Agreement the Tenant shall: Obtain and maintain a policy of insurance to provide a suitable level of cover for accidental damage to the landlord’s contents, furniture, fixtures and fittings at the property as described in the attached inventory; and upon request provide the Agent with a copy of the insurance certificate and consent to divulge any notice of cancellation. The Tenant should note that the Landlords insurance policy will not cover the Tenants personal possessions."

We have contents insurance, we might be able to claim for the locks on that actually, but I can't see anything in the agreement who pays for burglary/criminal damage to the building itself.

pb21 · Jul 13, 2017

Notters said:
A lot (no not all) of Landlords in Brighton really are scum aren't they? Surely it's in their interest to have the property secured?

It does seem like it. If they are liable and we are being told that it is actually us, then that's pretty out of order.

GreersElbow · Jul 13, 2017

Shirely insurance, provided you did everything you could to prevent break-ins, such as locking your doors and securing windows. It's pretty scummy to make you pay for something that, by presuming you did the former; that you could not have prevented.

Seasidesage · Jul 13, 2017

Not sure I'm scum. A bit grumpy sometimes but scum is stronging it somewhat :lolol:

In answer to the question I wouldn't dream of making a tenant pay...

Thunder Bolt · Jul 13, 2017

pb21 said:
The most pertinent bit I can find is this:

"Section F: Additional terms between the landlord and tenant 1. As a condition of entering into this Tenancy Agreement the Tenant shall: Obtain and maintain a policy of insurance to provide a suitable level of cover for accidental damage to the landlord’s contents, furniture, fixtures and fittings at the property as described in the attached inventory; and upon request provide the Agent with a copy of the insurance certificate and consent to divulge any notice of cancellation. The Tenant should note that the Landlords insurance policy will not cover the Tenants personal possessions."

We have contents insurance, we might be able to claim for the locks on that actually, but I can't see anything in the agreement who pays for burglary/criminal damage to the building itself.

Buildings insurance, which includes the door is the landlord's responsibility.

Westdene Seagull · Jul 13, 2017

pb21 said:
The most pertinent bit I can find is this:

"Section F: Additional terms between the landlord and tenant 1. As a condition of entering into this Tenancy Agreement the Tenant shall: Obtain and maintain a policy of insurance to provide a suitable level of cover for accidental damage to the landlord’s contents, furniture, fixtures and fittings at the property as described in the attached inventory; and upon request provide the Agent with a copy of the insurance certificate and consent to divulge any notice of cancellation. The Tenant should note that the Landlords insurance policy will not cover the Tenants personal possessions."

We have contents insurance, we might be able to claim for the locks on that actually, but I can't see anything in the agreement who pays for burglary/criminal damage to the building itself.

Hmmm .... vague then. I'm not sure anyone would class burglary damage as accidental. That said, if you handed the property back with that damage I'm pretty sure it would be deducted from your deposit - not that I'm defending that.

Wrong-Direction · Jul 13, 2017

In the last place I rented, my key snapped off in the lock, called landlord and he called a locksmith, whilst waiting I managed to get the key out with some pliers and a bit of wiggling, called the locksmith off.
However said landlord tried to charge me for a locksmith call out, around £75, I said no chance as I saved him money in the long run! It was the principle, plus was paying him nearly 2 grand a month. He let me off.

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Ernest · Jul 13, 2017

Take the lock with you when you move out

Baker lite · Jul 13, 2017

Ernest said:
Take the lock with you when you move out

Is the answer [emoji23]

Fourteenth Eye · Jul 13, 2017

If it was only £100 to repair I suspect that is lower that the policy excess.

The landlord is responsible for the buildings insurance (this includes the door)

Presumably you pay maintenance as well so the repair to the door should come out of this

Westdene Seagull · Jul 13, 2017

Wrong-Direction said:
In the last place I rented, my key snapped off in the lock, called landlord and he called a locksmith, whilst waiting I managed to get the key out with some pliers and a bit of wiggling, called the locksmith off.
However said landlord tried to charge me for a locksmith call out, around £75, I said no chance as I saved him money in the long run! It was the principle, plus was paying him nearly 2 grand a month. He let me off.

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Bloody hell ..... where the f**k did you live that cost nearly £2k a month in rent

?

Wrong-Direction · Jul 13, 2017

Westdene Seagull said:
Bloody hell ..... where the f**k did you live that cost nearly £2k a month in rent ?

House off Coombe road with 2 other mates I might add!

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drew · Jul 13, 2017

Fourteenth Eye said:
If it was only £100 to repair I suspect that is lower that the policy excess.

The landlord is responsible for the buildings insurance (this includes the door)

Presumably you pay maintenance as well so the repair to the door should come out of this

The right answer is your first line. Had the repair not been carried out then I suspect the landlord may have got the repair done but wouldn't be able to claim as it is likely, as you say, to be below his excess. As the work is done, he probable thinks by denying it the amount won't be pursued!!!

cjd · Jul 13, 2017

Fourteenth Eye said:
If it was only £100 to repair I suspect that is lower that the policy excess.

The landlord is responsible for the buildings insurance (this includes the door)

Presumably you pay maintenance as well so the repair to the door should come out of this

You will only pay maintenance if you are a leaseholder and not a tenant.

FatSuperman · Jul 13, 2017

Jesus. The landlord clearly pays this. It is not contents. You already pay the landlord rent so tell him that you would like that money back. If not I'd simply reduce my rent payment for one month.

When they inevitably try to deduct from the deposit, you file with the deposit protection scheme, he hasn't got a hope of winning that and it's a really easy process. I had a landlord that tried to charge me for redecorating the communal areas. Fair enough, it had been re-painted a couple of weeks before I was moving out. Inevitably the movers marked the walls, I offered to pay for them to be touched up (decorator was still working on other floors of the building). But instead of the £50 or so for a few minutes work, he tried to charge £750!. I'd taken photos of the marks (about ten, most of which could be wiped off). No damage, just re-painting at the absolute worse. Communal areas weren't in the contract anyway.

He kept the deposit, I complained, he got £50 as I'd originally offered that. Note that during this time I still had the flat for theee weeks - just wasn't living there. They didn't actually re-paint any of it.

knocky1 · Jul 13, 2017

Fourteenth Eye said:
If it was only £100 to repair I suspect that is lower that the policy excess.

The landlord is responsible for the buildings insurance (this includes the door)

Presumably you pay maintenance as well so the repair to the door should come out of this

The Landlord may wish to have buildings insurance but doesn't have to.

I'd pay for the new lock, if the Landlord, but I'm not scum.

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