Who pays for a broken garage remote?

Question from Carl Hamill updated on 15th January 2010:

I had a tenant call me and tell me the remote for the garage door opener was not working and he wanted me to fix it.When he took over the tenancy the remote was in good working order,and as it is something which could easily be dropped and cause the malfunction who would be responsible for the repair or replacement?

Our expert Jeff Montgomery responded:

Responsibility for the cost of the repair may depend on how the remote was broken. Tenants are liable for damage they (or their invited guests) cause carelessly or intentionally. If the damage was not caused carelessly or intentionally by the tenant or their guest, then it would be the landlord’s responsibility to repair it. You could ask your tenant what caused the remote to malfunction, and use this information to decide who should pay for the repair. Alternatively you could agree to share the cost.

If you and your tenant can’t agree on who will pay the cost of the damage, you could apply to the Tenancy Tribunal to resolve the matter. To discuss your situation further, or for advice and information about applying to the tenancy Tribunal, you can contact the Department of Building and Housing on 0800 TENANCY (0800 836 262).

The Department of Building and Housing provides information and guidance on building law and compliance, services including weathertight homes, and advice for tenants and landlords.

 

 

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