Landlord responsibilities post break in?
Dear readers, I am asking this for my friends who are tenants. Their 1st time Landlord (who was previously the owner-occupier of the house) uses a local agent & lives herself in another area of the UK.
The rear boundary fencing to their 3 bed modern EOT house was blown down in storms pre-Christmas 2013. The Landlord (via agent) has steadfastly refused to remedy until this week they gave option of fixing themselves & deducting from rent. Hey presto-it’s being done on Monday!
During a recent short break they were burgled. Police said access was gained via the (absent) fence to the rear of the house. Outhouse broken into, tools used to remove beading from wooden conservatory window then a complete patio door panel smashed & house ransacked. Freezer contents also stolen so thieves had a lovely dinner too. Front double-glazed door also damaged.
Conservatory window fixed-good. Front door bodged-they now have to physically lift the door to close. Patio door panel still covered on one side only with wood. Shards of glass remain in frame & periodically fall out. This is dangerous as 5 year old child in the house.
Their Landlord appears to have no intention of fixing the patio door. I am anxious due to the danger to their child, they feel vulnerable to further break-in & hence feel unsafe. I am also concerned for them that their contents insure may be invalidated by the fact that the slightest kick to the wood shuttering on the patio door would gain access to the whole house again.
My friends are a Professional couple who have rented before and are always complimented on exit as how well they have kept their properties. They both work for the LA and are aware of housing law regarding notice/eviction etc but find themselves powerless and worn down now.
All advice much appreciated.
Many thanks
Sharon
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Member Since August 2013 - Comments: 883
10:37 AM, 19th March 2014, About 12 years ago
Reply to the comment left by “Industry Observer ” at “19/03/2014 – 10:19“:
As I said, ensuring safety is not the same as repairing.
E.g. if tenant reports a dangerous fence and the landlord then removes it, he has ensured safety without repairing anything.
Member Since June 2013 - Comments: 704
11:13 AM, 19th March 2014, About 12 years ago
No but if he removes it and there is a pair of American pit bulls next door and a kid gets mauled how do you think the removal action is going to be viewed?
If “they” want to get you, they being HSE, fire, TSO, EHO and the world and his wife trust me they can do so. There are rules and regs relating to absolutely everything under a propery’s roof and outside within the fence/wall and including it.
I’m talking here for exampple of the Fire Guard Regs, Bunk bed Entrapment Regs, building regs which can have something to say on bannister heights and width between spindles below them, and so on and so on.
This srticle started focusing on the legal obligation under 1985 Act and fences are not LL respnsibility under those. But to just ignore the fence, lack of it, poor condition, or a wall, greenhouse, tree, shed etc would be folly in the extreme (in my view!!)
Never, ever be penny wise and pund foolish on repairs and maintenance. It will always come back to bite you somewhere very painful!!
Member Since September 2013 - Comments: 173 - Articles: 2
3:35 PM, 20th March 2014, About 12 years ago
Hi Sharon,
If we agree that the fence blew down before Christmas and it’s now late March the LL has had plenty of time to fix the problem.
I would say that the property was let with secure rear fences , it’s therefore at least an implied term in law that these fences are reasonably well maintained.
If the Police say that the burglary was effected through the fence, therefore the LL failure to take action contributed to the occurence of the burglary. In that case the tenants have cause to claim against the LL insurance for their personal losses as the LL has failed to exercise a reasonable duty of care towards the tenants.
Sure I’ll get some ranting fool disagreeing but I have experience of a similar one to this and the tenant’s insurance claim stuck in the small claims court.
Secondly I think the LL’s insurance company might well be refusing the claim for property damage because the LL has not taken reasonable steps to protect themselves from the predicatable loss. In any case their no claims bonus will be affected. A case of rampant stupidity then to refuse to replace £50 worth of fence panels.
The broken patio door is an indisputable Category 1 HHSRS hazard so the LL should get an enforcement notice from the LA. If anyone is injured by the glass or the door it was the LL duty to sort it and that’s negligence.
No court will care if the LL is inexperienced or not especially as there is an agent to advise them.
I’ll stop there. Bring on the disagreements !