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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Who should pay? Tenant or landlord

107 replies

MirrorBack · 11/12/2023 12:56

Windy here yesterday, not a storm but enough to be noisy and see the trees really moving around.

Tennant opened a fairly high up flat window while cooking.
Window blew open hard, hinges are bent and now it can’t be closed properly.
Window is about 2 metres, opens from the bottom, upvc and otherwise has no issues.

OP posts:
margotrose · 11/12/2023 17:13

Given the tenant's insurance would not cover the building, it is only for the Tenant's possessions and is not mandatory anyway, that would be impossible.

Tenants can get insurance to cover accidental damage to the building. The fact that it's not mandatory is irrelevant, really.

Zebedee55 · 11/12/2023 17:16

Landlord. A window should be fit for purpose.

YetMoreNewBeginnings · 11/12/2023 17:23

m00rfarm · 11/12/2023 15:33

Would the damage have been caused had the house been unoccupied? No. So it’s the tenant who caused the damage. And should at least pay towards the costs.

That's not remotely how it works.

Tiiredofthiss · 11/12/2023 17:23

Landlord, probably covered by their building insurance anyway.

m00rfarm · 11/12/2023 17:23

YetMoreNewBeginnings · 11/12/2023 17:23

That's not remotely how it works.

Right. Ok.

Notmetoo · 11/12/2023 17:26

Landlord definitely

agent765 · 11/12/2023 17:30

Swashbuckled · 11/12/2023 16:15

I think if they’d paid for their own windows, they wouldn’t have opened them in a high wind. In the storm this weekend, I had to open my bedroom window at night to see if a tree had fallen. I opened it a crack, and then used my other hand to grip the edge and keep the opening gap small, so the wind wouldn’t catch it and blow it open and cause damage. ‘Cos I know what it would cost me. (And I’d say it would have to be a strong wind, noisy and seeing the trees moving, to damage the hinges like that.)

Spot on.

I've been a tenant, and am now an owner (well, the bank is technically the owner).

I looked after my rentals as well as I look after my own home. Leaks get fixed ASAP, no wet washing on radiators, windows opened a crack every morning for at least an hour every day no matter how cold it is. Windows wiped down every morning as despite all my counter-measures, I still get condensation on cold days.

However, it was windy in gusts over the weekend and I assumed that a gust could possibly wrench the window open so I only opened the windows on the sheltered side of the house.

I don't understand how hard it is for some people, tenants and owners but particularly tenants, to use their heads and look after their homes.

My friend has rented for the last 25 years. She's left each home in a mess due to negligence (or being a bit daft at times). Each one was pristine when she moved in. I know this because her last but one was the one I'd moved out of directly before she moved in and I'd viewed the others with her.

She won't accept advice. Does everything she shouldn't to keep a house dry and mould-free. The one she moved into after me was covered in black mould in three months. She was using a vented dryer against an inside room wall so even if the house had a hole for a vent it wouldn't have been used. She was trying to heat the house from the heat of her new dryer as she reckoned the steam was warming!

I asked her at the time if it needed a vent but she said it would have come with the machine if it did. I explained that some don't and pointed out the steam coming from the back to no avail. She blamed me for telling her about the "faulty" house and "dodgy" landlord even though I'd lived there 8 years with no problems. She's trying to sue the landlord - a lovely elderly gent who was amazing with us.

I despair. She's well-educated and not stupid but lacks common sense and won't take responsibility for anything. She's lucky to get a rental at all. If potential landlords saw the state of the houses when she left she wouldn't get one. She has a dog and cat but works all day so the carpets are always a mess with dog shit and pee and interior doors are scratched and chewed. She's just rescued a cat despite the current landlord not accepting them due to her allergy to cat flea bites. Apparently, the previous tenant did the same and as she cleans the property between tenants she is unwilling to accept them.

As for window limiters, it depends on the window as some have to open fully as a fire escape.

IveOnlyEverHeardOutwithONHere · 11/12/2023 17:33

Isn’t that what insurance is for?

as a tenant you can’t win. Don’t open the window and get mould and it’s your fault, open the window and it gets damaged by the wind and it’s your fault.

agent765 · 11/12/2023 17:44

IveOnlyEverHeardOutwithONHere · 11/12/2023 17:33

Isn’t that what insurance is for?

as a tenant you can’t win. Don’t open the window and get mould and it’s your fault, open the window and it gets damaged by the wind and it’s your fault.

Insurance costs rise to stupid amounts if you claim for small things like that.

From what OP says in a later post they sound like idiots. Would you open the window when the trees are visibly being blown around if it were your own house?

I no longer rent but there are fewer houses up for rental than ever before because landlords are selling up due to too many regulations, mortgage interest relief withdrawn and Section 21 at risk. Landlords can afford to be picky.

My LL was great but my friend's new LL is already talking of selling up and she hasn't been there long.

Thebestwaytoscareatory · 11/12/2023 17:53

agent765 · 11/12/2023 17:44

Insurance costs rise to stupid amounts if you claim for small things like that.

From what OP says in a later post they sound like idiots. Would you open the window when the trees are visibly being blown around if it were your own house?

I no longer rent but there are fewer houses up for rental than ever before because landlords are selling up due to too many regulations, mortgage interest relief withdrawn and Section 21 at risk. Landlords can afford to be picky.

My LL was great but my friend's new LL is already talking of selling up and she hasn't been there long.

The fact landlords are selling up because they're now being regulated to ensure they provide adequate living conditions to their tenants tells its own story really.

I also love that despite the OP stating in the opening line that it was

"Windy here yesterday, not a storm but enough to be noisy and see the trees really moving around"

Multiple posters have decided to ignore that entire and post on the basis that the tenant opened their windows fully in gale force winds.

sandletown · 11/12/2023 18:24

Landlord. And I'm a landlord

WhickDittington · 11/12/2023 18:41

SnowsFalling · 11/12/2023 13:02

Landlord.

But as a landlord I'd be miffed, as although windows are mine to fix, it was the tenant actions that caused the damage.

Edited

Yes, I agree. Landlord to pay (insurance would cover careless tenants), but irritating.

As a landlord I'm sometimes irritated by the damage my tenants do (far more damage than I've ever done, and I'm really not particularly careful), but you have to suck it up. People aren't as thoughtful when it's not their responsibility.

margotrose · 11/12/2023 18:43

as a tenant you can’t win. Don’t open the window and get mould and it’s your fault, open the window and it gets damaged by the wind and it’s your fault.

Not opening your window during a storm/strong winds isn't going to give you mould Hmm

Passingthethyme · 11/12/2023 18:47

Muchtoomuchtodo · 11/12/2023 13:00

I think that the tenant’s insurance should pay.

opening windows during a storm (uk has had 2 storms this weekend) is pretty daft and I don’t see why the landlord should have to pay for their stupidity.

Edited

I agree with this

FrippEnos · 11/12/2023 19:46

BabaBarrio · 11/12/2023 14:36

This. There is no need to open a window when cooking, that is what the hood extractor fan is for. The damage occurred due to tenant negligence so they should replace the window.

I had a hood extractor in the last place that I rented.
The amusing thing is that it didn't extract to the outside, it just recirculated the air.
So as much as you seem to have it in for the tenants you don't know the full details.

Muchtoomuchtodo · 11/12/2023 19:49

@FrippEnos it probably had charcoal filters in it to absorb smells. As you were a tenant I would have expected you to check and maintain them really. Do tenants really not try to maintain the property that they are living in at all?

Wendyspotatopeeler · 11/12/2023 19:50

Mabelface · 11/12/2023 13:02

Landlord via their own buildings insurance. Not the tenant.

This.
Accidents happen all the time and it would come under buildings in which is covered by Landlord insurance.

FrippEnos · 11/12/2023 19:55

Muchtoomuchtodo · 11/12/2023 19:49

@FrippEnos it probably had charcoal filters in it to absorb smells. As you were a tenant I would have expected you to check and maintain them really. Do tenants really not try to maintain the property that they are living in at all?

Did you mean too be so rude?

Yes it did and yes I did.

But it doesn't alter the fact that the extractor didn't extract condensation to the outside, which was the point that I was making. If you could have been bothered to read what I had posted.

Muchtoomuchtodo · 11/12/2023 20:25

You didn’t say anything about moisture and I didn’t say anything rude @FrippEnos

You thought that it was amusing to have an extractor that didn't extract to the outside. It’s very normal to have this type of set up in kitchens and it doesn’t result in moisture problems in the property. I’m glad that you maintained it so that it could do the job that it was designed for.

FrippEnos · 11/12/2023 20:29

Muchtoomuchtodo · 11/12/2023 20:25

You didn’t say anything about moisture and I didn’t say anything rude @FrippEnos

You thought that it was amusing to have an extractor that didn't extract to the outside. It’s very normal to have this type of set up in kitchens and it doesn’t result in moisture problems in the property. I’m glad that you maintained it so that it could do the job that it was designed for.

Edited

You decided that on no information that I wasn't maintaining the extractor. That is making stuff up and rude.

Muchtoomuchtodo · 11/12/2023 20:36

FrippEnos · 11/12/2023 20:29

You decided that on no information that I wasn't maintaining the extractor. That is making stuff up and rude.

You thought that it was amusing and showed no understanding of how it worked. If you were maintaining it then surely it wouldn’t be amusing as you’d know that it was doing the job that it was there to do perfectly well.

Apologies if you misunderstood my posts, no offence was intended.

Denimdenimdenim · 11/12/2023 20:37

Landlord

Caswallonthefox · 11/12/2023 20:45

Landlord pays. That's why they have building insurance. Although, in my case, my flat is grade 2 listed, which means the exterior has to look original, so I have ancient sash windows. I found out recently that replacing a glass pane costs £15 and there are 8 separate bits per window.
My landlord only does what he absolutely has to and whatever regulations he has to follow.
Every time I let him know I have a problem he's in France on holiday.

lemmein · 11/12/2023 20:56

This happened to a friend of mine and the housing association tried to charge her for it. I appealed against the charge on her behalf (she'd just lost her child and couldn't be bothered with the hassle) and they dropped it.

I would expect the landlord to claim on the insurance for it, but obviously HA's disagree!

FrippEnos · 11/12/2023 20:58

Muchtoomuchtodo · 11/12/2023 20:36

You thought that it was amusing and showed no understanding of how it worked. If you were maintaining it then surely it wouldn’t be amusing as you’d know that it was doing the job that it was there to do perfectly well.

Apologies if you misunderstood my posts, no offence was intended.

there you go again making assumptions.

Go you.