hello, we have discovered a cracked window in our apartment and have no idea how it happened, our tenancy agreement says tenants are liable to replace glass with same quality glass if it’s their fault. We really don’t think we caused the damage and we think it may be due to the extreme heat of our flat or a badly fitted window. We have spoken to our building manager and we have been told that the replacement could cost thousands due to the particular specialist German glass used in the building.
We can’t find any other impact damage to the window or window sill which would indicate something had fallen on it and I’m concerned that they are going to take our whole deposit and more for something we didn’t do. I understand that we can take the dispute to an arbitrator when we move out to decide if we should pay.
if the landlord can prove on the balance of probabilities that the damage was caused by us, do you think we could argue that thousands of pounds for a window is an unreasonable expense and had we realised the cost of the glass when we entered into the contract we wouldn’t have agreed to the condition that the tenant replaces the glass to a similar quality?