Keeping our clients informed is important to us so we regularly publish our thoughts on topics that will be of interest to anyone involved with commercial property. We call them ‘insights’ and we hope you find them of interest.
In this Lease Insight, I want to reproduce a letter that I wrote a while ago in response to a Landlords question about who was responsible for replacing a broken window in the hope it may help you answer the same question in the future.
Referring to your query about the broken window, I will set out below how things work.
Firstly Clause 8/10 of our Standard Terms and Conditions states very clearly that the Tenant must replace any broken glass in the area they lease. This is irrespective of how it got broken and whether or not the Tenant has insurance that they can make a claim on.
Secondly the panel headed “Lessees Insurances” in the schedule of your particular Lease clearly states that the Tenant must take out “Plate glass Insurance (Including Burglary damage).
The reason that most Landlords insist that the Tenant have insurance is that Plate Glass is often expensive to replace and if the Tenant doesn’t have insurance, they are often loath to spend the money required to replace the broken glass and also such an unexpected expense can affect their ability to pay Rent.
The only other consideration is if the glass was in a common area, then generally the Landlord would have Insurance that would cover his cost of replacing the glass.
I hope this clarifies things.