Broken Window in Rental Property - Who Pays?

drillvoice on 29/01/2016 - 08:44

I live in a rental property in the ACT.

Recently my housemates and I noticed that a window was broken. Not just cracked - actual glass falling out.

We notified the landlord who said that he would send a glazier but that we would have to pay.

Does anyone have experience of a situation like this? I would have thought either that the landlord gets the repairs done and pays, or we get the repairs done and pay ourselves (and can choose the provider).

In this case I don't think we should have to pay as the damage wasn't caused by our negligence or willful act (though I don't see how we could possibly prove this.) I'm not sure who has the burden of proof here.

Home & Garden

Comments

  • oscargamer on 29/01/2016 - 08:59
    +6

    do you have a pre-entry condition report?

    the landlord is responsible for fair wear and tear. i can't think of a situation where a broken window is fair wear and tear

    • drillvoice on 29/01/2016 - 09:32

      We have a condition report which mentions a crack in one of the windows - but they weren't broken when we moved in.

      According to the lease agreement:

      55 (1) The lessor must maintain the premises in a reasonable state of repair having regard to
      their condition at the commencement of the tenancy agreement.
      (2) The tenant must notify the lessor of any need for repairs.
      (3) This section does not require the tenant to notify the lessor about anything that an ordinary
      tenant would reasonably be expected to do, for example, changing a light globe or a fuse.
      56 The lessor is not obliged to repair damage caused by the negligence or wilful act of the
      tenant.

  • tomleonhart on 29/01/2016 - 09:28
    +2

    If the window wasn't broken when you move in, then it broke when you were living there. I don't see why the landlord has to pay.

  • CLoSeR on 29/01/2016 - 09:36
    +1

    Tenants are liable for a broken window.

  • SnoozeAndLose on 29/01/2016 - 09:36
    +2

    It depends on what cause the window to break, if it is caused by you hitting the window or someone throw in something to break the window then you may be responsible for it.

    Also you mention that one of the window is cracked , it is the window it is broken now? if it is landlord should take care of it.

  • gavin8761 on 29/01/2016 - 11:01

    "56 The lessor is not obliged to repair damage caused by the negligence or wilful act of the
    tenant."

  • Donaldhump on 29/01/2016 - 11:50
    -1

    if the window was cracked when moving in and that has caused it to break, then get the landlord to fix it.
    if not fix it yourself, and get some justice when u leave…. chuck a prawn head in the curtain rail:)

    • drillvoice on 29/01/2016 - 12:15
      -3

      Now you're talking.

      • Donaldhump on 29/01/2016 - 12:16
        -3

        take a leak (just a dribble) in the corner of a cupboard, i believe in self justice.

        • chinezejew on 29/01/2016 - 12:25
          -3

          Dog pee after i had carpet steam cleaned.
          Thought deodorizing with some supermarket cans would do it.
          But… smacked with another steam clean charge.

          I like the prawn head idea.

          Ac filter… mayb pee on that on before you leave?

        • Donaldhump on 29/01/2016 - 12:26
          -1

          @chinezejew: turd in the roof, if you feel hard done by, i have no problem doing this.

          cut a whole in the plaster, place a stink bomb inside the wall, plaster it back up

        • chinezejew on 29/01/2016 - 12:29
          +1

          @unclesnake:

          Ceiling access panel?
          Open up a general power outlet easier than patching.

          Hahaha

        • Donaldhump on 29/01/2016 - 12:34
          +1

          @chinezejew: i fixed boilers at rental properties when in uk… i went to a house where there was a full turd slammed on the wall…

        • fantafox on 29/01/2016 - 12:56

          @unclesnake: throw a frozen chickenIin the roof on the day you move out. That will do the job

  • iridiumstem on 29/01/2016 - 12:43

    Talk to the free legal advisors in Canberra? They'd probably know what to do.

  • justhooked on 29/01/2016 - 13:06
    +1

    And if you do have to pay get your own quotes as most agents get a kick back from repairs they arrange

    • yokumoku on 29/01/2016 - 13:36
      +1

      BTW, I found Woden Valley glass comparatively considerably cheaper when mine was broken couple of months back.

    • drillvoice on 29/01/2016 - 16:19
      +1

      This is partly my concern - it's not only that the landlord expects us to pay, but he also chose the glazier himself. I feel like if we're going to pay we should have more say in the matter.

      • bobwokeup on 30/01/2016 - 12:18
        +1

        Being a private landlord myself I agree with previous comments, the tenant would pay in WA unless the crack was already there when you moved in and it was stated on the property condition report. However if the tenant is paying they have the right to choose who is the repairer. I think you have to tell the landlord who is repairing as the can veto based on previous experience, etc. It sounds like the landlord wants the best of both worlds which is not allowed or fair. I reckon they only want to choose so that they can pay, claim on the expense and then make you pay for it.

        • drillvoice on 30/01/2016 - 17:16
          +1

          Thanks for the insightful comment - now I think about it, what say makes perfect sense. Possibly an insurance thing too.

  • inherentchoice on 29/01/2016 - 15:50
    +2

    If you (or your housemate) didn't damage it and you reported it to the landlord, then I think it is like any other maintenance and the landlord needs to pay.

    I think this link has a good explanation of the relevant ACT law:

    http://www.tenantsact.org.au/rentingAdvice/tenancy-factsheet…

    • drillvoice on 30/01/2016 - 17:19

      Thanks - I think we've certainly learnt a lesson for the future. I might try to ring the tenants union and get an insight.

  • bargainzzzz on 21/08/2020 - 14:58

    Hi Drillvoice, did you end up having to pay for this? Im in a similar situation now.

Login or Join to leave a comment
Login Join