By in Blog with 0 Comments

We are occasionally asked who is responsible for any damage to a tenanted property as a result of vandalism or a burglary – landlord or tenant? Fortunately, such occurrences are rare in this area but it’s worth knowing in case the unthinkable happens.

In principle, the landlord is usually responsible for repairing any damage done to the property that was not the tenant’s fault, or was otherwise outside their control, as in a burglary including criminal damage. This is because the landlord is legally bound to continue to deliver the property to the tenant in the same condition as the beginning of the tenancy, in terms of being safe, secure and habitable. An broken front door with an ineffective lock would not usually be regarded as secure and therefore potentially temporarily uninhabitable.

However, if the tenant negligently left the front door open and vandals entered the property, then it could be argued that this would then be the tenant’s responsibility.

Rental agreements should be clear, as there can be grey areas and we have to consider the extent to which the tenant may have been negligent. We’d probably look at this in the same way as an insurance company, who might reduce their pay-out in the event of eg a window not having been properly secured. But if the landlord fitted an insecure window in the first place and the tenant did their best to secure it, then any criminal entry through it would no doubt then be the landlord’s responsibility.

One important aspect to note is that the landlord’s responsibility only extends to the fabric of the building, inside and out, but not to the tenant’s personal possessions. These should be covered by the tenant’s own contents insurance and it is important that every tenant should take this out, as it may also cover accidental damage by the tenant to the landlord’s property, such as a serious carpet stain.

Fortunately, burglaries etc are very rare so, as they say on Crimewatch, don’t have nightmares! Please feel free to contact us for advice on any security-related aspect of a tenancy.

Share This
George Tatham-Losh

Since forming the business in 2009, our founder, George Tatham-Losh, has become highly regarded as the local go to expert for advice on maximising property values and getting the most out of property investments, regularly speaking at events and holding well attended seminars. Born and raised in Cheltenham, George knows the town and County like no other and knows what works in the area. Alongside George is a specialist team of agents with a wealth of experience to help you sell, buy, let or rent property in Gloucestershire.

Blog Post Disclaimer

This is a personal blog. Any views or opinions represented in this blog are personal and belong solely to the blog owner and do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.

Downloadable Files and Images Any downloadable file, including but not limited to pdfs, docs, jpegs, pngs, is provided at the user’s own risk. The owner will not be liable for any losses, injuries, or damages resulting from a corrupted or damaged file.

Comments Comments are welcome. However, the blog owner reserves the right to edit or delete any comments submitted to this blog without notice due to :

  • Comments deemed to be spam or questionable spam.
  • Comments including profanity.
  • Comments containing language or concepts that could be deemed offensive.
  • Comments containing hate speech, credible threats, or direct attacks on an individual or group.

The blog owner is not responsible for the content in comments.

This blog disclaimer is subject to change at anytime.

If in considering action upon the contents of this blog, one should always seek professional advice.

We Won Banner We Won Banner