After living in a historic older property for about 2 years, the tenant calls the owner and demands that t
he single pane windows be replaced. “It is just simply too cold, and I don’t like the look of the window insulation panels”
A few years prior to this, the owner had custom window panels made that inserted into the window sill to insulate better against the cold. And according to the company who made them, insulated almost as well as the newer windows would. He explained to the tenants, that unfortunately he was NOT going to replace the windows do to cost (custom windows that complied with the historical societies rules are quite expensive), but that they should use the insulation inserts that were provided to them to stop any drafts
After some research, the tenants found that a landlord has the obligation to make sure that a property is “safe & habitable”. So the tenants broke ALL the windows, thereby making it unsafe & uninhabitable.
Unfortunately for them, the fit premises act did not apply since the damage was caused by the tenants. They were quickly evicted for damaging the property and ended up with a judgement for the damages they caused!