They told us verbally(no letter written to us) within one month that the window is broken. 
But we made it clear  the same day it was not the case, at the time of handover,  all windows were working ok, as recorded in entry survey and signed by them.
They told they will bring somebody to repair and we clearly told them not to bring any third-party but let us bring a Velux authorised installer to repair it.

We suggested them to approach their insurance, on a written letter (attached to an email). Instead of showing it as a mistake/accident from their side and checking if tenant  (civil) liability insurance will pay them, they are instead asking for legal assistance from their insurance. 

Now, I am waiting for their response to see if I get a letter from their lawyer.  In that case, I will check if I have legal assistance myself and respond back with our lawyer. If it goes legal, I will not write anything more myself and take a laters help.

Anyway, you have all you need with your entry survey. They had 1 month to come back to you if they would have discovered something working wrong. Now, they are responsible for the damages, unless they can prove the opposite.

No aeration means humidity, especially mezzanine is a bath
They do have tenant liability insurance.

I sent my signed paper letter as an attachment in email.
They have replied by to my email replying it is not there responsibilty

I will tell them to respond with a signed paper letter attachment.

- Ask them to provide you with the proof that they are insured, it is in your contract with them that they have to provide you with that proof.
- Try to get their statement that it was there since the start on paper. And answer to this, on paper, that this was not the case.
- Try to get a quote on paper from one of those Velux specialists, if they do not have the glass anymore then more will need to be replaced (bigger quote).
- If you are insured against broken glass, open a case with your insurance. If your insurance pays, the 250 EUR should be paid to you by the tenants. I would not worry too much if they refuse, play the clock, and when they leave , in 3 months, either you get the 250 EUR off the caution, or it stays blocked until they take you to court to oblige you to free it. They will have a hard time because they signed at the start that the Velux was OK and only informed you after 6 months.

On the side: I believe a specialist will simply have glass cut at the right size. This should cost at most 100 EUR per m2 for the glass (of 100 EUR if less than 1m2) + labour, say another 150 max, except if really big or difficult to reach.

I am convinced all what thay have told to you is only wind!

They signed up for a short term contract for 10 months and I am NOT willing to pay around 1000 euro to replace a  window broken by them, which can't be repaired anymore as there are no spares,  as confirmed by original installer VELUX.BE. I will still collect devi/offer from three VELUX installers and wait for tenants further course of action. If they do not co-operate to repair/replace the windows before they leave,  I will not sign the exit survey where 2 months of their rental guarantee is held.

If I am legally wrong with my above said approach, somebody please feel free to correct me/guide me.
Thanks a lot for your help.

2)Should I recommend the tenant to contact his insurance?

Yes of course, their responsibility is engaged and their insurance (RC Locative) has to cover their civil responsibility as tenant

The window was broken by one of the tenants, by mistake/accident, by closing it forcefully/abnormally.
There were no external elements /natural causes involved.

Tenant has a liability insurance. We have a building insurance.
I am worried tenant insurance will redirect them to building insurance.
As a building owner, I still need to pay 250 euro minimum deductible from my pocket,  if building insurer agree to pay for repair/replacement of windows.

1) Will insurance cover these kind of human mistakes?
2)Should I recommend the tenant to contact his insurance?

Thanks a bunch

Have they filed a complaint to their insurance company? What are the conclusions of the insurance expert?

And what about your own insurance company?

2. Tenant also. Their responsibility is not limited to the repair. Actually, they have to give you the appartement back in the same state as they received is.

3. Would suggest you to propose to manage the repair, with your own professionnals. It would ensure you that the repair will be completely and correctly fullfilled.
Or request that they report it to their insurance, but keeping you involved.

4. (See before)

but normaly, who brokes, pays

I am a landlord and rented our attic apartment  in Bruxelles capital region to three business students for a short-term fixed contract of ten months. We used a recent PIM contract de bail and the contract was signed in September 2016. One of them broke the velux window.

All windows were working ok during entry survey. These windows were made by velux.be and they don't have spares anymore for this model.
There is a 99% chance we may have to replace the windows.

1. Legally, Who pays for repair?

2. If repairing is not possible, Who pays for replacement of windows?

3. what is the best way to deal with the situation? Let the tenant repair it? If repairing  is not possible, should the landlord  pay for 100% of replacement cost (for window which was working ok and simply broken by the tenants)?

4. In case of replacement, by law,  will the tenant pay some part of replacement cost?If yes, what percentage?