|Dispute details:||Under the Tenancy Agreement there was a duty on the Tenant to adequately ensure that the property and the windows, were locked and secured if and when the Tenant left the property empty.|
|Key topics:||A Tenant's obligation to adhere to the Tenancy Agreement with regard to securing the property.|
The Tenant admitted that the window had been left open when she left the property to go out, but the window was locked in place for ventilation. The Landlord claimed that because there was no sign of forced entry, the window must have been completely open. The Tenant argued that the Landlord was not willing to claim on his insurance because of an increase in his premiums. The Landlord submits that he contacted his insurance company who, having assessed the damage, refused to settle.
The Landlord provided an invoice to demonstrate a loss incurred in repairing the damage to the door. There was
also some correspondence between the parties discussing the break-in and who, if any one was responsible and a
report from the insurance company refusing the claim.
The adjudicator was satisfied that the Landlord had proved that there had been a breach of the Tenancy
Agreement by the Tenant as it seemed that the window had not been left on the secure lock. This was supported
by an admission from the Tenant that the window was left open and the property was empty when she left.
Furthermore, the adjudicator was satisfied, by the Landlord’s own admission, that he had insurance on the
property and contents and that he had done all he could to mitigate his own and the Tenant’s liability by
attempting to make a claim.
NB. Had the Landlord not provided his insurance documents and a report to support his claim, an adjudicator
may have not awarded him the money as this may have resulted in double recovery (allowing the Landlord to
claim twice for one issue).
• This case highlights the importance of having adequate insurance and using that insurance when required.
Providing evidence of any insurance documents you may have which show what the policy covers is also
• Had the adjudicator been satisfied that the Landlord attempted but failed to get cover by his insurance for
the break-in or had he provided evidence that showed any potential claim for this would not be successful,
the outcome would have been different.
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