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.
Legally, Who pays for repair?
If repairing is not possible, Who pays for replacement of windows?
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)?
In case of replacement, by law, will the tenant pay some part of replacement cost?If yes, what percentage?
my english is not enough good to understand everything you write and to answer to you
but normaly, who brokes, pays
Dernière modification par Erico (25-03-2017 11:43:44)
N'aie pas peur d'avancer...crains seulement de t'arrèter.....
1. Clearly the tenant. Best is they recognise their responsibility for the broken windows. Just be sure it's not due to an external cause, like robbery, etc. (in that case, it's for your insurance).
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)
If you have used a PIM contract, your tenants were obliged to take an insurance to cover this kind of damage.
Have they filed a complaint to their insurance company? What are the conclusions of the insurance expert?
And what about your own insurance company?
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
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
Dernière modification par panchito (28-03-2017 11:07:38)
I am afraid my tenants have turned the plate now. They claim the broken window issue exists from day one and they are trying to engage legal assistance from their tenant liability insurance against me. I have entry survey which proves all windows were working ok, signed by them. Rental contract, along with entry survey, is registered. I am willing to tackle this whichever way they want to go, even visiting a court, if necessary.
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.
Ask first to get a copy of the complaint they have filed with their own insurance.
I am convinced all what thay have told to you is only wind!
I also think they will tell you anything not to pay, and they simply do not have the insurance.
- 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.
Just a thought : could further deteriorations occur if the velux is not fixed soon ? Water infiltrating for instance.
Who will be held responsible for any further deteriorations ?
Modeste propriétaire bailleur de maisons unifamiliales en province de Luxembourg
Luckily, No glass is broken so further damage.
It is that we we cannot keep the window and leaving it in tilting to position, to aerate the bathroom.
The velux window on mezzanine always closed now as they forcefully closed it, breaking the gear mechanism.
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.
They don't understand they are legally and contractually fully responsible of all the repairs?
Guess they (will) claim the window system was in bad state or malfunction.
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.
They are from Asia, different culture, do not know local laws very much, indeed do not understand they are legally and contractually fully responsible of all the repairs.
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.