I have a USAF tenant who informed me a few weeks before the end of his tenancy that a contractor he had employed has broken a window in my property…a very large front window… tenant says he arranged for the window to be replaced but I don’t know what company and despite a couple of requests I haven’t had the info. He says he’s already paid for it but I’ve no evidence of this.
Now at the end of the tenancy I have a property which has a boarded up window with no date for repairs…who would be responsible for the loss of rent. The property cannot be rented as is, I’ve tried…
The tenant can’t find the contractor details so I am beginning to think there wasn’t one…
There are several other issues with the condition of the property but this is the main one…his deposit will be used for repairs and cleaning…
Where do I stand please…
I think the tenant would be responsible under these circumstances. They dont need to have broken it themselves to be liable.
The window has been broken by the tenant or his contractor. I would give him a time period to get it fixed ie 1 week. Meanwhile get 3 quotes to fix and if not sorted deduct from deposit.
The window cost will be more than his deposit.
My question was who covers the loss of rent whilst it’s not fixed it is a 6ft x 8 ft lounge window so not a small one that wouldn’t impinge on the ability to rent it…
You could sue him in court for the full replacement cost. Are you sure its more than the deposit though. Youd only be replacing the glass, not the window.
Loss of rent is unlikely to be claimable.
That is a big big window If double glazed Very heavy and a two man job anyway
If he is USAF then isn’t your contract with the air force?
Tell him you will contact the USAF and his commanding officer…as this then becomes a disciplinary issue for him too…evidence he has paid , when and whom…as surely he has bank info proof?
It was his responsiblity to leave the flat as he took it over …
Wouldn’t your insurance cover it? Then you would only need to get back the excess.
In any case you need to get the window fixed asap and worry about who will pay later. Then you can get on with reletting the property. You can still do all the tenant searching & referencing whilst the window is waiting to be repaired. You cannot expect a tenant to pay for loss of rent when you could have got it fixed much sooner.
Whether you can charge for any loss of rent will depend on the terms of the tenancy and the extent to which the delay is attributable to the tenant and not to your inaction.
To thread someone is not the correct way.
Did he broke the window on purpose or was it accidental?
Sound a bit like you have left yourself a bit vulnerable.
Does you contract allow him to employ a contractor without your consent - or did you give consent for him to sort it out
Best plan if you have not given consent is to just get repairs done yourself ASAP and then bill him for it.
If you did give consent for the contractor or work on your property he should be liable for damages caused and you can recover your losses through the courts unless he agrees to settle first.
I would set a dead line for the end of tenancy and say if the work is not done by then - you wil bring your own contractor in and hold him liable for repair costs and ask the court to award you costs to cover rent until it returned to the state in which he left it.
If he is employed by USAF he should be easy to trace!
Update
Tenant has been in contact. Told me the name of the company and yes he has paid for it… I made contact and they have been really good.
The delay was due to supply issues but is being done today…
However my original question was. Is he responsible for the rent up till today? A couple of weeks past his tenancy end date…?
As a former US a employee overseas, the military guarantees everything around a tenancy on a private rental basis. You should have his rank, and full name, perhaps also his unit? You can then find his most senior officer and let them know. You may also contact the post commander such as Mildenhall and report this. They will take any money due you out of his pay and he may get into further problems with his superior officer as it brings the US military in disrepute and he may get a form of punishment
Landlord insurance may cover loss of earnings? I’m pretty sure the tenant can’t be made to pay for loss of potential earnings (since there’s no guarantee or evidence that the property would have been rented out straightaway).
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