Cracked glass pane due to thermal stress-liability?

[francis1306]

We & neighbour are social housing tenants.

Received call from neighbour asking if we heard the sound of cracking glass.

She explained that her bathroom window had just cracked.

 

 

We looked at the external window and nothing untoward was noticed from outside.

However, it could be seen that the outer pane of glass (window is bathroom window double glazed) was intact, but the interior appeared to have a star shaped crack, emanating from the centre.

 

We then looked at the cracked interior pane in her bathroom.

All looked as it should be, clean, everything in its place and nothing out of place.

 

 

It could be seen that the interior pane of glass did have a crack.

At this stage it was unknown what could have caused this.

 

 

Neighbour then explained that when she reported the cracked pane that she was told she would be liable for the cost of the repair-£57 to be boarded up or £107 for new window.

It may be that when this was reported landlord repairs office were not fully understand which pane of glass had cracked or how!

 

So, question is, exactly who is or should be liable?

We have checked the wording in tenants handbook, and it raises the point,

that as the cracked window pane was not due to damage, intentional or accidental,

it is hard to see how landlord can charge for this repair.

 

 

It could clearly be seen that the pane of glass had cracked 'on its own', and after a little further research it can only be that this is down to 'thermal stress', which is not covered in the tenant handbook.

 

As this is ambiguous, am looking for some assistance to direct me to a definite answer, preferably which aids our neighbour!

 

Many thanks.

[mariner51]

If internal pane is not 'dangerous' the window still functions as a single glazed window & no emergency repair reqd.

'star shaped' damage suggests T impact damage, not thermal stress or frame warping.

[GrumpyToSayTheLeast]

I agree with mariner, star denotes an impact.

A heat fracture would normally cause a single crack or various cracks but not starting in the same point.

Your neighbour or someone has hit that window would be my guess.

[francis1306]

Maybe I described this incorrectly giving wrong indication.

I can assure posters that this crack was not caused by impact of any description, accidental or purposefully.

 

 

I would ask any further posters not to suggest that damage was caused by tenant-it wasn't.

If it was, I wouldn't be going to the trouble of posting on behalf.

Many thanks.

 

If it helps further posts, there was a line crack from left to right, almost, if not all the way across pane of glass.

[GrumpyToSayTheLeast]

Can you post a picture? You say star shaped crack and then a line crack. Which is it?

I'm not suggesting it was hit, it was just my guess.

[francis1306]

Unable to post picture as glazier already attended.

Think also we are moving away from the main crux of help required on behalf of neighbour.

The help I am asking for is further information as to who, in the circumstances is liable?

 

If it the pane of glass had been damaged by neighbour, family, friends etc, even accidentally, then she would be liable, no dispute with this.

 

 

This, however, is a case where the pane of glass cracked in the bathroom, whilst the neighbour was in the lounge.

Neighbour had been out all day and upon returning home turned on her heating, after which she heard the glass pane crack.

 

The tenant handbook, says they will pay if 'damage' down to wear and tear.

I couldn't say how long these window has been in situ, or if it is a case of shoddy workmanship.

The only explanation for what happened is the pane of glass cracked due to thermal stress.

[stu007]

Has someone from the HA physically been out and inspected the window to confirm they are classing it as Tenant Damage and you will be charged for the window? (before glazier)

 

When were the windows fitted?

[mariner51]

It is highly unusual for an internal pane of glass to crack just because central heating came on, but let us accept liability cannot be apportioned between LL & T.

 

If LL has quoted £107 for new window, sensible solution would be for Tenant to pay £50 after repair completed.

 

'Knock for knock' in motor Insurance means neither driver admits liability but both share the cost.

[ericsbrother]

LL is responsible for fabric of building but can recover costs of damage caused by criminal act or negligence.

 

 

If they cannot show that the tenant has done it deliberately or is culpable by negligence then they should not make accusations.

A complaint would be in the offing them.

 

L or R crack is a stress crack so frame twisting or similar.

The angle of the crack will tell you direction of force causing the crack.

 

 

Thermal expansion unlikely,

there are tests you can do on strained glass to see where the problem originates but as it has been replaced then these cant be done.

 

 

Tenant should stick to their guns on this.

However, the polarising light filters can be used on the outer pane to see if they are still under stress.

 

 

My old friend Professor Moire at the University of Florence, Italy will come round and test it for the HA for a very large fee