If you’ve got a broken window in your rental home, you may be wondering who is responsible for replacing it, and any damage it’s caused to the property.
It’s a good question – and one that’s not always the easiest to answer. For instance, responsibility often lies with the tenant if the broken window is from their own actions, while the landlord would be legally responsible if it’s due to normal wear and tear.
Plus, broken windows aren’t just an inconvenience, but they’re a big safety hazard to keeping your property secure and free from mould and damp.
This guide will break down how to determine responsibility for broken windows in rental properties, what to do and how to claim against a landlord who’s legally liable, but is neglecting to repair it.
What Are the Laws on the Responsibility of Broken Windows?
Under UK law, landlords are legally required to carry out serious repairs. This includes electrical wiring, heating and hot water, plumbing and drains, plus many more!
But, this also includes ensuring windows and doors are intact and secure.
In short, your landlord is always legally responsible for these types of repairs, regardless of whether they are mentioned in your tenancy agreement. These obligations are often referred to as “Section 11 repairs,” based on Section 11 of the Landlord and Tenant Act 1985.
Landlords are responsible for making sure that the following are secure and safe:
- Window frames
- Window sashes
- Internal and external doors
- Door frames
- Door saddles
- Hinges
- Locks
- Handles
- Trapper bars
- Letterboxes
While the landlord is legally required to carry out the repairs, if the tenant is to blame for the broken window, the landlord is within their right to ask the tenant to cover the cost.
Below, we break down when landlords are legally responsible and when the responsibility lies with the tenant.
When Is a Broken Window the Landlord’s Responsibility?
Generally, landlords are responsible for the repair and replacement of broken windows, as they have a legal duty to provide a safe and habitable environment for their tenants.
Examples of when landlords are responsible include:
- Normal wear and tear: Windows and doors can deteriorate over time, or can become drafty and ineffective at keeping heat in the home. In this instance, the landlord would be liable.
- Accidental damage not caused by the tenant: This could include damage due to a storm or vandalism by a third party (in this case, you will need to report this to the police and obtain a crime reference number to pass on to your landlord).
- If the landlord leaves you in unsafe conditions: If they don’t repair the window in a timely manner, the tenant could be left in an inhabitable environment – for example, if a broken window or door could lead to damp and mould developing to the extent that you can no longer use the room.
- It’s stated in the agreement: If the tenancy agreement states that window and door replacement/repair is the landlord’s responsibility.
What About for House in Multiple Occupation (HMO) Landlords?
HMO landlords have greater responsibilities when it comes to repairing broken windows in shared accommodation.
If a window is damaged in a communal area like a shared kitchen, hallway, or living room, the landlord is usually responsible for fixing it and keeping the property safe and secure.
But if the damage is clearly caused by the tenants – for example, through misuse or carelessness, especially in their own bedroom – then the tenants may have to cover the repairs.
In those situations, they may be expected to cover the repair costs, similar to what would apply in a standard tenancy.
When Is a Broken Window the Tenant’s Responsibility?
If the broken window has occurred because of the tenant’s actions or behaviour, they will be liable for the repair/replacement.
Circumstances where the tenant is at fault could include:
- Tenant-caused damage: This could happen due to roughhousing (e.g. play fighting, tickling, energetic boisterous behaviour) or intentional actions.
- Guest-caused damage: If the tenant had a visitor who broke the window, the tenant would still be liable for the replacement.
- Negligence: If you haven’t immediately reported the broken window, you can be liable for any house disrepair (such as mould or damp) that has happened as a result.
- If stated in the agreement: If the tenancy agreement states that it’s the tenant’s responsibility to deal with broken windows, then you are legally liable to do so.
What to Do if You Have a Broken Window in Your Rental Home? Step-By-Step Guide
1. Check the tenancy agreement
The first thing you should do is check your tenancy agreement. In there, it should have specific clauses about window and glass repairs.
It may state that the landlord is responsible, or it could be the tenant’s responsibility. In some cases, it may not state anything at all. But knowing where you stand is important before you start any discussion with your landlord.
2. Document the issue
Immediately after the break has happened, take photos (which will be time-stamped in your phone) of the damage as evidence of the incident.
You can also write down any key dates or details relating to the break, and be sure to inform the landlord as soon as possible about any house disrepair as a result of the broken window (e.g. damp, mould, structural damage).
This will mean you have proof that you’ve informed your landlord immediately. If there’s any resistance from the landlord, this documentation can be used as evidence of neglect.
3. Alert your landlord to the problem
The next step is to get in touch with your landlord to let them know about the broken window, no matter who might be responsible.
Make sure that you keep a clear record of all communication, as this can serve as proof if the landlord fails to take action or there are delays dealing with the issue.
The landlord might arrange for a professional window fitter to come and replace the glass, or they may suggest that you handle it yourself. Sometimes, they might ask to inspect the situation in person, especially if there is any damage to the property.
4. Getting the broken window fixed
The most important step in the process: getting your window repaired.
As mentioned, it’s the landlord’s legal responsibility to repair your window, as a broken window can pose a safety hazard for:
- Security: Making it easier for thieves to break in when you’re not home or overnight while you sleep.
- Damp: In wet weather, having a broken window means damp and mould can easily materialise, quickly creating an unsafe living environment.
- Pests: Open windows can also allow pests and vermin, such as rats, to enter your property, which can cause more problems of house disrepair.
- Temperature: And, of course, a broken window pane is less than ideal in the colder months, which could mean you can’t use that room until it’s fixed.
However, sometimes landlords may not repair it within a reasonable time period, or can contest the cost before repairing, so you may need to organise the repairs yourself to keep your property safe.
If you do so, and the responsibility is proven to lie with the landlord, you can file a claim against them. This claim would be due to being forced to live in unsafe, inhabitable conditions, and could legally require them to then pay for the costs of the window repair.
Need Professional Legal Help?
If you’re dealing with a broken window that your landlord is neglecting to repair, or if they’re forcing you to pay for it even when it’s not your responsibility, you may be able to sue them.
You deserve to live in a property that’s habitable, safe and properly maintained. It’s against UK law for your landlord to force you to live in conditions that contradict this.
This is where CEL Solicitors can support you. We specialise in housing disrepair claims and can assist you in making sure your landlord takes responsibility.
If you’ve already made a claim with another solicitor but your case is not progressing, not to worry – we can help here, too. Let us step in to pursue a repair breach claim and push for the action you deserve.
Plus, we operate on a ‘No-Win, No-Fee’ approach, meaning there’s nothing to pay upfront – just straightforward support when you need it most.
Ready to start your claim today? Contact us for a free, no-obligation consultation. Call 0330 822 3752 for the support you deserve.
