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who pays for broken window?

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  • #31
    I'd disagree that tenants lie more than any other group of people, but no point arguing about it as I doubt we'll change each other's minds

    I haven't had heaps of dealing with the TT but I wouldn't have thought this kind of issue often goes there. Please correct me if I'm wrong. As I said above, be interesting to see some case law if there is any. Nevertheless the law is pretty clear. I'd say the only real interpretation would revolve around what constitutes proof (to a civil standard) for this kind of case.

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    • #32
      If I were the LL and I knew there had been a storm and there was no indication of negligence, I would fix the window and foot the bill and make an insurance claim. It costs nothing but time.

      Why put the tenant through proving, possibly at the TT, that they did not cause the damage. In all likelihood you will end up paying anyway.

      The RTA says that we can require "proof" that the tenant didn't cause the damage. You could work out the balance of probabilities yourself and pay or bill the tenant. The TT would most likely overrule that.

      Meehole's approach of bill the tenant and wait for the TT hearing is a waste of time IMO.

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      • #33
        Ah DazRaz I have not said bill the tenant and wait for the TT hearing. I think you have confused me with someone else.

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        • #34
          Hi this becomes under natural forces damage,or unless otherwise proved,if landlord has insurance,thats covered,and again there are landlords that will say i am not you keeper, and expect you to pay for it.

          Best thing is call the hosuing department,they will put you in the right direction thanks

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