Broken Glass in a Rental Property: Who is Responsible for Repairs?

A broken window in a rental property needs attention as soon as possible. If it affects security or leaves exposed glass, it could be even more important. But it can also raise questions, such as who is responsible for arranging and paying for the repair? The landlord or tenant?

This depends on how the glass was damaged. Naturally, a window that fails through age or due to an existing problem is different from one accidentally or deliberately broken by a tenant.

There can also be separate questions about who arranges the repair and who ultimately pays for it.

This article provides general information about private rented housing in England. Different rules may apply in Scotland, Wales and Northern Ireland.

Is the Landlord Responsible for Broken Windows?

Landlords have legal responsibilities for maintaining rented properties. Under Section 11 of the Landlord and Tenant Act 1985, landlords are generally responsible for keeping the structure and exterior in good repair.

Windows usually fall within these repairing responsibilities. But the cause of the damage is important. A landlord will not automatically be responsible for the cost whenever glass is broken.

The landlord will generally be responsible for arranging repairs to windows that fall within their repairing obligations. However, if the tenant, a member of their household or a visitor caused the damage, the landlord may be able to recover the reasonable cost from the tenant.

A clear tenancy agreement can help protect both landlords and tenants by setting out their respective responsibilities for repairs and damage. When a window is broken, both parties should refer to the agreement and establish what happened before deciding who is responsible for the cost.

When Is a Landlord Likely to Be Responsible?

A landlord may need to arrange repairs when glazing fails because of the condition of the property rather than something the tenant has done.

Not every cracked window is the result of it being struck. Glass can sometimes crack because of stress within the pane or pressure caused by the surrounding frame.

For example, in rented properties, windows often develop problems because of:

• deterioration through age
• lack of maintenance
• problems with the window frame
• structural movement affecting the glazing
• failure of a sealed double-glazed unit
• existing defects that have not been caused by the tenant

If you’re unsure, a professional glazier will assess the damaged window and give you a professional opinion on how the damage likely occurred.

When Might the Tenant Be Responsible?

If the tenant, a member of their household or a visitor causes the damage, the tenant may be responsible for the reasonable cost of putting it right.

Common incidents are things like hitting a window with an object, breaking glass while moving furniture or damaging a glazed door through misuse.

In these cases, responsibility will depend on the individual circumstances and the terms of the tenancy.

However, deciding who pays should not stop anyone taking urgent action when the broken glass has left the property unsafe or insecure.

Disrepair vs Damage

Often, responsibility can be in an area in between both parties:

If the tenant closes a swollen, rotting wooden window and the frame splits, causing the glass to shatter, the landlord is responsible. Here the issue is neglect or disrepair.

If the tenant slammed a stiff window out of frustration and it broke, the landlord could argue that the tenant used excessive force, making them at least partially responsible.

Even if a tenant is found responsible for breaking a window, a landlord cannot demand a brand-new, upgraded window at the tenant's expense. If the tenant is responsible for the damage, the landlord should not normally use the situation as an opportunity to upgrade the property. Any claim should reflect the reasonable cost of putting the damage right, taking account of the age, condition and quality of the existing window and whether repair or replacement is appropriate.

What Happens If a Window Is Broken During a Burglary?

Broken windows and damaged glazing in doors are common following attempted or successful forced entry.

If a window is broken during a burglary or other criminal damage, the landlord will usually be responsible for arranging the repair to the property. The tenant should report the damage to the landlord or managing agent as soon as possible and contact the police where appropriate.

Take photographs of the damage before any repairs, if it is safe to do so. Remember to hang on to any details such as crime reference numbers, particularly if there is an insurance claim involved.

Depending on the circumstances and the tenancy agreement, the cost of repairs may be covered by buildings or contents insurance. The tenant would ideally have their own insurance too.

If replacement glass is not readily available, a professional glazier can usually make the window safe by carrying out temporary repairs or emergency boarding. Replacement glazing can then be ordered and fitted once it is ready. Emergency boarding can help secure the property in the meantime, particularly where the broken window leaves the property exposed or vulnerable.

What If Nobody Knows Why the Glass Broke?

Sometimes there is no obvious explanation for a cracked window.

And several things can cause glass to fail without there being an obvious impact.

Thermal stress is one possible cause. This happens when different areas of a pane heat or cool at different rates. The resulting stresses can sometimes cause the glass to crack.

Damage around the edge of a pane can also weaken it. And movement or pressure from the window frame can place additional stress on the glass.

Certain types of toughened glass can also experience spontaneous breakage in rare circumstances.

This is why it can be useful to have glazing damage assessed professionally rather than assuming someone has broken the window.

Who Should Arrange an Emergency Glazing Repair?

This depends on whether the damage falls under tenants' or landlords' responsibility. But tenants should contact their landlord, letting agent or the emergency contact provided for the property to let them know what has happened.

And some broken windows require fast attention.

A smashed ground-floor window, for example, could leave the property unsecured. Broken glass around a doorway or other frequently used area can also create an immediate safety problem.

The landlord, letting agency or tenancy agreement might set out a clear process for dealing with emergency glazing problems.

Can a Broken Window Be Boarded Before Replacement?

Emergency boarding is often used when replacement glazing cannot be installed straight away.

Some windows require specific sizes, thicknesses or types of glass. So, specialist glazing may need to be prepared before it can be installed.

Boarding is a temporary solution. It can secure the opening and restrict access while the permanent repair is arranged. This is even more important after a burglary, vandalism or significant accidental damage.

What Should Be Recorded After a Rental Property Window Is Broken?

Keeping a record of any glazing or frame damage makes it easier to establish what happened and deal with any insurance or tenancy issues.

Make a record of things like:

• photographs of the damaged window
• when the damage was discovered
• how the damage occurred, if known
• details of any other property damage
• police crime reference information where applicable
• details of emergency repairs or boarding

Professional Glazing Repairs for Rental Properties

Whether a broken window is the responsibility of a landlord or tenant depends on why the damage occurred and the circumstances involved.

What matters is making sure damaged glazing is dealt with safely and the property can be secured.

Able Group provides professional glazing services for residential and commercial properties across the UK. From broken windows and damaged glazed doors to emergency boarding and replacement glazing, our experienced glaziers can assess the problem and recommend an appropriate repair.

We help minimise disruption for tenants while getting damaged properties secure again. Contact our team today for a quote.