# Window smashed, who should pay?



## donee (27 Oct 2010)

I have a house let to a SW tenant. LOvely girl, family etc never any problems, been in the house 3 years. On monday night an ex partner smashes the front window with a house brick. Garda called and he's to be charged with stalking and criminal damage.
But i had to pay €320 yesterday to get it fixed. Payment was not offered by the tenant but who should pay, ie me as landlord or the tenant.
Now im sure 6 weeks before Christmas she has'nt got it, but my worry is, is that by not insisting in some way that she at least makes a contribution that it sets a precedent if it happens again.
Thanks in advance donee


----------



## callybags (27 Oct 2010)

Surely the guy who smashed the window should pay.


----------



## aristotle (27 Oct 2010)

If she is a good tenant I would let it go. She didnt do it, a 3rd party did, if anything you should pursue that other person.


----------



## donee (27 Oct 2010)

aristotle said:


> If she is a good tenant I would let it go. She didnt do it, a 3rd party did, if anything you should pursue that other person.


 thanks for the quick responses but if it happens again then what? and going to court for €320 really is a non runner surely


----------



## pixiebean22 (27 Oct 2010)

Don't see why the tenant should have to pay for this.

Would this type of thing not be covered by house insurance?  Would it technically be deemed as breaking and entering or at least trying?


----------



## aristotle (27 Oct 2010)

donee said:


> thanks for the quick responses but if it happens again then what? and going to court for €320 really is a non runner surely


 
Ok you want someone to pay for it but this should not be the tenant as they didnt do it.

If it was easy to pursue the person who broke the window I assume you would do that? Just because it is difficult or impossible to get them to pay doesn't mean you should just force someone else to pay for it.


----------



## donee (27 Oct 2010)

pixiebean22 said:


> Don't see why the tenant should have to pay for this.
> 
> Would this type of thing not be covered by house insurance? Would it technically be deemed as breaking and entering or at least trying?


 I havent asked nor will i as i understand that its was'nt her who through the brick. i cant see how its an insurance matter as it was 'criminal damage'.
as its really a domestic issue between her and her ex i dont want to get involved. in any case its none of my business. 
again maybe what im really asking for is how to tackle this if it starts to become a habit at €320 a go


----------



## murphaph (27 Oct 2010)

If it were me I'd be paying Mr. Brick a visit.....


----------



## Inca (27 Oct 2010)

The person who damaged the window should pay for the damage. Make a statement to the Gardai and insist they follow it up.
If there is a recurrence then you have a decision to make as regards the tenant - I appreciate she is a good tenant but at some stage you will have to ask yourself if this is worth all the hassle.
The Residential Tenancies Act 2004 states in Section 16:
(h) not behave within the dwelling, or in the vicinity of it, in a way that is anti-social or allow other occupiers of, or visitors to, the dwelling to behave within it, or in the vicinity of it, in such a way.
If it was me I would try and get the idiot who did the damage to pay through the Gardai. If it keeps happening and you have to keep picking up the tab and the tenant takes no financial responsibility then I would terminate the lease.
Hopefully, it is a one off. I would record what happened in writing and forward a copy to the tenant explaining that you paid the cost of the damage but that this is a one off. Get the tenant to confirm in writing that an ex partner did the damage and forward a copy off to the Gardai along with a receipt for the damage. Surely, they are oblidged to follow up on this.


----------



## jambo.ie (28 Oct 2010)

I'd be visiting the guy who charged 320 to replace a pane of glass.


----------



## donee (28 Oct 2010)

jambo.ie said:


> I'd be visiting the guy who charged 320 to replace a pane of glass.


 it was a very large d/glazed panel supplied and fitted. which is why i dont want it becoming a habit


----------



## Slim (28 Oct 2010)

donee said:


> it was a very large d/glazed panel supplied and fitted. which is why i dont want it becoming a habit


 
I would stay in touch with Gardai to try and make sure this case is prosecuted. Make sure they have a copy of your bill. It could well feature in the terms for his getting the Probation Act that he has made restitution. Slim

(PS: had similar situation myself, just let it go and it didn't happen again)


----------



## jambo.ie (28 Oct 2010)

donee said:


> it was a very large d/glazed panel supplied and fitted. which is why i dont want it becoming a habit


Fair enough. Spare the glazier.


----------



## Rois (28 Oct 2010)

Judge Judy would definitely insist that Mr Brick pay for the cost of repairing your window.


----------



## donee (28 Oct 2010)

Thanks all for the replies and yes Slim im hoping more for my tenants sake, i.e. the domestic issue that it doesent happen again.


----------



## Paddylast (29 Oct 2010)

Had similar problem myself, however, it was the son in the family that broke the window - young lad (17yrs) and has a slight mental problem. My tenant repaired the window. In fact I didn't even know about it until I met with the family on my three monthly visit.


----------

