{"id":14601,"date":"2019-01-14T15:24:54","date_gmt":"2019-01-14T15:24:54","guid":{"rendered":"https:\/\/www.benhams.com\/news\/?p=14601"},"modified":"2024-08-08T06:38:18","modified_gmt":"2024-08-08T05:38:18","slug":"rented-property-is-burgled-who-pays-for-the-damage","status":"publish","type":"post","link":"https:\/\/www.benhams.com\/news\/property-advice\/rented-property-is-burgled-who-pays-for-the-damage\/","title":{"rendered":"If my rented property is burgled, who pays for the damage?"},"content":{"rendered":"<h2>Q.\u00a0I live in a rented flat.\u00a0 I\u2019ve just been burgled but my landlord says I am liable for the damage caused by the burglar \u2013 is this right?<\/h2>\n<p><strong>A.<\/strong> Generally, the landlord of a rented property is responsible for providing the tenant with a safe and secure property that is in a good state of repair, although there is no minimum security requirement that the landlord must provide.\u00a0 You will need to look at the small print in your tenancy agreement but it is usually the landlord\u2019s responsibility to repair damage caused to the property through crime. It should be noted that this only applies to the fabric of the property and any contents the landlord includes in the tenancy and would not extend to a tenant\u2019s own belongings or furnishings which would need to be claimed for under their own contents insurance.<\/p>\n<h2>What should I do if my flat has been burgled?<img loading=\"lazy\" decoding=\"async\" class=\"alignright wp-image-14606 size-full\" src=\"https:\/\/www.benhams.com\/news\/wp-content\/uploads\/2019\/01\/burglary-2022162_960_720-e1547479747476.png\" alt=\"\" width=\"350\" height=\"279\" \/><\/h2>\n<p>Immediately, you should phone the Police and report the break-in to them, asking for a crime report number.\u00a0 Then you should contact your landlord or managing agent and tell them that there has been criminal damage to your home, advising them of any specific areas of damage<\/p>\n<p>You should then contact your own contents insurance provider, providing them with the crime reference number in order to start a claim for your own belongings.<\/p>\n<p>Generally, either the police, <a href=\"https:\/\/www.benhams.com\/services\/property-management\/\">management agent<\/a> or Landlord will arrange for the apartment to be secured if necessary, usually via erected boarding over any broken areas such as windows.<\/p>\n<h2>Insurance claims<\/h2>\n<p>Whether any damage is caused inside or outside the property, the landlord should have buildings and contents insurance to cover it.<\/p>\n<p>If the insurer will not pay for the remedial repairs, ultimately it is still the landlord\u2019s responsibility to pay, unless it can be proven that the damage is caused by the tenant.<\/p>\n<p>As the tenant, you should have your own insurance policy to cover loss or damage to your own personal belongings.\u00a0 The landlord is not responsible for replacing or repairing any of your belongings that have been stolen or damaged.<\/p>\n<h2>Landlord or tenant \u2013 who is responsible for damage caused?<\/h2>\n<p>Most tenants have an Assured Shorthold Tenancy and the tenant\u2019s and landlord\u2019s responsibilities should be outlined within.\u00a0 Usually the landlord will be responsible for repairing any damage to the exterior of the property \u2013 this would include instances such as repairing a broken window or even vandalism to an outside space such as a <a href=\"https:\/\/www.benhams.com\/news\/property-advice\/i-am-renting-a-flat-who-should-pay-for-the-garden-to-be-maintained\/\">garden<\/a> or communal hallway.<\/p>\n<p>If you live within a block of flats, the maintenance for the common areas of the building would normally fall under the remit of the appointed block managers. However, if the damage was due to the tenant\u2019s actions or inactions and this can be proven, then the tenant would be liable.\u00a0 In legal terms, this is known as \u2018waste\u2019 and refers to deliberate actions caused by the tenant such as breaking a window or door.<\/p>\n<p>Responsibility for any damage caused inside the property would also depend on who caused the damage.\u00a0 \u00a0\u00a0If the tenant cannot be held responsible for the damage, whether this is to fixtures or to furnishings supplied by the landlord, it is the landlord who is responsible for any repairs or replacement.<\/p>\n<h2>What if we can\u2019t agree?<\/h2>\n<p>Some insurance policies are clearer than others concerning what they will cover and what they won\u2019t. An example of this could be where the insurance policy states that the occupant should ensure that all windows and doors are locked when the property is empty.\u00a0 If the tenant then goes on to leave a downstairs window open when the property is unoccupied and it is subsequently burgled, then the insurer may only part-pay towards some of the repairs or cite this as negligence and not pay out at all.\u00a0 If the latter is the case, then the only recourse the landlord would have is to try and claim the costs from the tenants themselves, via the courts if necessary, or be left out of pocket.<\/p>\n<h2>General security advice<\/h2>\n<p>Beyond the very broad responsibility to ensure the <a href=\"https:\/\/www.benhams.com\/property-to-rent\/\">rental property<\/a> is \u2018safe and secure\u2019, the landlord has no specific duty to carry out any improvements to security, even if a burglary has taken place.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-14607 alignright\" src=\"https:\/\/www.benhams.com\/news\/wp-content\/uploads\/2019\/01\/key-3348307_960_720-e1547479893788.jpg\" alt=\"\" width=\"300\" height=\"169\" \/>They may be willing to provide additional security as a gesture of goodwill but if not, you could arrange to carry out improvements yourself \u2013 for example, this could mean arranging for new door or window locks to be fitted but you will need to get the landlord\u2019s written permission first.\u00a0 You should give the landlord a new set of keys.\u00a0 You will also need to keep the old locks as these remain the property of the landlord. \u00a0\u00a0For tips on protecting yourself against burglary, there is some helpful guidance provided by the Metropolitan Police on how to protect your rented property.<\/p>\n<p>Some security advice we would suggest to help prevent or deter a burglary would be to lock all doors and windows before you go out.\u00a0 If there is an alarm, make sure you use it.\u00a0 Ensure you do not allow people to \u201ctailgate\u201d you into the building and challenge anyone that you do not know. If you are going away for a longer period of time, let the managing agent know.\u00a0 You could put lights on a timer so that it doesn\u2019t look empty.\u00a0 Also, don\u2019t leave bins out while you are away as this is a red flag to burglars.\u00a0 And ask a neighbour to push post properly through the letterbox while you are away as a build-up of post is another sign that the property is empty.<\/p>\n<h2>What if I no longer feel safe in the property?<\/h2>\n<p>If you still don\u2019t feel safe in the property and simply want to move out, you will have to wait until the tenancy ends or a break clause comes up.\u00a0\u00a0 The landlord might agree to you moving out earlier but this would be at their discretion and might involve paying costs to cover additional administration.<\/p>\n<p>As ever, prevention is always better than cure.\u00a0 So take a thorough look at your rental home and see if there are any weak points.\u00a0 If there are, talk to your managing agent and look at installing some additional security measures yourself (with the landlord\u2019s permission), for your own peace of mind.<\/p>\n<p>If you are a landlord and would like some general security advice regarding your rental property, we can help.\u00a0 Contact your nearest Benham and Reeves <a href=\"https:\/\/www.benhams.com\/contact\/\">branch<\/a> where one of our lettings staff will be able to guide you.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Q. I live in a rented flat.  I\u2019ve just been burgled but my landlord says I am liable for the damage caused by the burglar \u2013 is this right?<\/p>\n","protected":false},"author":6,"featured_media":14606,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[444],"tags":[],"class_list":["post-14601","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-property-advice"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/posts\/14601","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/comments?post=14601"}],"version-history":[{"count":10,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/posts\/14601\/revisions"}],"predecessor-version":[{"id":23613,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/posts\/14601\/revisions\/23613"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/media\/14606"}],"wp:attachment":[{"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/media?parent=14601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/categories?post=14601"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benhams.com\/news\/wp-json\/wp\/v2\/tags?post=14601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}