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Legal advice

13

Comments

  • gauly
    gauly Posts: 284 Forumite
    Flyboy152 wrote: »
    If they wanted to leave the property as they found it, why would they not leave the original doors and windows? :wall:

    Because the original doors and windows are no longer there!

    They were replaced with double glazing during the tenancy (by the OP). My reading is that the OP is going to remove the double glazing he/she put in and put in windows and doors which are as close as possible to the original windows and doors. Presuming they are fitted properly and any decorating made good they will then be returning the property in it's original condition - or am I missing something?
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    gauly wrote: »
    Because the original doors and windows are no longer there!

    They were replaced with double glazing during the tenancy (by the OP). My reading is that the OP is going to remove the double glazing he/she put in and put in windows and doors which are as close as possible to the original windows and doors. Presuming they are fitted properly and any decorating made good they will then be returning the property in it's original condition - or am I missing something?

    I think you may be.

    The house was fitted with new doors and windows, which then became part of the fabric of the building.

    Removing/replacing them against the owners wishes and without their permission is not a good idea.
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    Since the doors & windows are part of the structure of the house, if I inherited a house I would expect that they were included as part of the property. Replacing doors & windows isn't something you would expect a tenant to do - I wonder if the new landlord could argue that the new doors & windows were a gift to the previous landlord, and as such became part of the property that he inherited, so removing them would be theft?
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    gauly wrote: »
    Because the original doors and windows are no longer there!

    They were replaced with double glazing during the tenancy (by the OP). My reading is that the OP is going to remove the double glazing he/she put in and put in windows and doors which are as close as possible to the original windows and doors. Presuming they are fitted properly and any decorating made good they will then be returning the property in it's original condition - or am I missing something?
    In which case using the, "same condition," excuse won't wash.

    If they went to all that trouble, it would cost them probably the same as it has already.

    Seeing as the property was transferred to the current owner with the existing doors and windows, the OP would have enormous difficulty in proving, "original condition."
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • gauly
    gauly Posts: 284 Forumite
    lucylucky wrote: »
    I think you may be.

    The house was fitted with new doors and windows, which then became part of the fabric of the building.

    Removing/replacing them against the owners wishes and without their permission is not a good idea.

    I expect you are right, but I was thinking that you can add some things to the property and then remove them again. For example, if you redecorate and then repaint back to the original magnolia before you leave. Or add, say, a stair lift then take it out and make good any damage. Also, wouldn't it be hard to prove that the property should be double-glazed if the original inventory said "single-glazed windows"????
  • gauly
    gauly Posts: 284 Forumite
    Flyboy152 wrote: »
    If they went to all that trouble, it would cost them probably the same as it has already.

    ... I'm certainly not saying this idea is sensible (financially or otherwise)!! Just wondering if it is as cut and dried as implied by previous posters.
  • evoke
    evoke Posts: 1,286 Forumite
    Tenth Anniversary Combo Breaker
    Jeez.

    OP: get over it. Sh*t happens.

    Enjoy your new property and move onwards and upwards. What's done is done.
    Everyone is entitled to my opinion!
  • gauly
    gauly Posts: 284 Forumite
    tyllwyd wrote: »
    Since the doors & windows are part of the structure of the house, if I inherited a house I would expect that they were included as part of the property.

    Is the inheritance relevant? I don't think so - what the house is like at the point of inheritance is not part of the renters tenancy agreement. If the house was trashed at the moment the house was inherited it would still have to be put back to it's original condition.

    Unless there is anything else written then when the tenancy ends the house should be in the same condition as it was when the tenancy started.
  • tyllwyd
    tyllwyd Posts: 5,496 Forumite
    edited 7 February 2011 at 5:21PM
    gauly wrote: »
    I expect you are right, but I was thinking that you can add some things to the property and then remove them again. For example, if you redecorate and then repaint back to the original magnolia before you leave. Or add, say, a stair lift then take it out and make good any damage. Also, wouldn't it be hard to prove that the property should be double-glazed if the original inventory said "single-glazed windows"????

    I can see that the new landlord might be able to say that the tenant had to reinstate the original windows at the tenant's own cost and return the property to its original state. I'm not so sure about whether that means that the tenant is entitled to remove the windows.

    My feeling is that if it went to court, the tenant would have to prove what the original agreement was with the landlord when the change was made. It doesn't seem likely that the intention was that the windows would belong to the tenant, to be removed when they left the property. It should all have been sorted out properly at the time, before they spent thousands of pounds improving someone else's property, then they wouldn't be in this situation now.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    gauly wrote: »
    I expect you are right, but I was thinking that you can add some things to the property and then remove them again. For example, if you redecorate and then repaint back to the original magnolia before you leave. Or add, say, a stair lift then take it out and make good any damage. Also, wouldn't it be hard to prove that the property should be double-glazed if the original inventory said "single-glazed windows"????
    That is a condition in all my of properties.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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