The flat which I rented out was being broken in, shud the tenent be responsible for the repair or shud I?

Question

I live in HK while the flat is in London, I did not insure it but expecting the tenent wud have insured against theft and fire. My management agent is asking me to repair and retouch everything. Where can I seek help in London?

Answer 1

You should have insured the property itself, whilst hte tennant would need to take out insurance on their possessions. Basically no the tennant shouldnt be responsible because it is your property and your responsibility to them to maintain teh property as to keep it livable, safe and secure.

Answer 2

If you have sublet the flat, if your lease allows it, you are liable but you should be able to recover the costs from the subtenant.

But you could both be liable as well.

Better to insure and recover premium from the tenant.

If you just done a short term let, then as the landlord quite independant from your contract with subtenant, you are liable under your original lease, I am sure under you residential lease there was a provision for you to insure. I am surprised what exactly are your management agent doing, tell them to do the repairs and deduct reasonable costs from the rent aportioned every month. It really depends whether you could afford this option. Bottom line making money from leaseholds is mugs game, unless your smart and got good professionals at your finger tips.

Best advice, repair and insure it, the time and expense to sort this out will cost more than the repair. I charge £2000 to read a 100 page lease to place liability; just to put it into perspective.

Answer 3

Repairs in a residential lease are usually down to the owner and not the tenant. Phone your managing agent and ask them what the position is they will be able to tell you as they were the ones who contracted with the tenant on your behalf. Always insure the building itself, you say you thought the tenant would. The tenant is not obliged to do this, although if you have a mortgage on the property then you likely are. Details like this should have been clarified when you took on a managing agent!!

Answer 4

Be Nice. I think if the property is yours, i.e. fixtures and fittings (for example, doors or windows) then you should be responsible.

If you tenant could afford the upkeep and repairs required to own a property they'd be buying instead of renting!

And, they probably have enough on their plate replacing the stolen items that were theirs and dealing with not feeling safe in the place they live.

I've been burgled in the past and it is quite stressful and traumatic - you don't realise how important your sense of 'home' is until it's been violated.

Answer 5

The liabilty of your tennant extends only to the damages they or their guests are responsible for. No renters insurance would cover your loss for these damages anyways.

I recommend as a landlord you should have the resources to determine both yours and the tennants obligations. Go to a local library and they will have available an easy to read book outlining your communities landlord tennant laws.

Answer 6

Try citizens advise bureau. Online.
You are responsible to insure your house where as the tenant should only be responsibly for insuring there contents.

I wasn't aware you was able to let a property that was not insured.

Hope you sort it out.

Answer 7

Fire your management agents.......they did not give you proper advice.It should have being their duty to make sure that everything was ok..either that you had proper insurance or it was stated in the tenancy agreement who will be responsible for insurance.

Answer 8

I would assume that it is the responsibilty of your landlard. You should contact Citizens Advice Burea asap. Both the tenant and landlord have agreements that you both should have signed and repairs should have been in with the tenancy agreement.

Answer 9

Logically, He(Tenant) has a responsibility to absorb the cost of any damage done to his personally property, you have to absorb the cost of any damage done to yours i.e. interior/exterior, foundation, fixtures, etc. Even if the Tenant had gotten renters insurance it would only cover his personal property not your rental property.

Answer 10

Depends on your tenancy agreement. However, i rent my property and it is my landlords responsibility to do the repairs, unless i have caused them in some way.