stress

navarato

Hi

My tenants want me to pay 50% of their gas bill since sep 09 till now due to 3 previously broken radiator valves. However, i only found out they were broken in nov 09 when i went to inspect the property- tenants did not tell me otherwise. I then got them fixed in 3/52 -the delay mainly down to tenants not opening door when i sent the repair person. Now they're saying they want me to pay half the bill...advice needed please

N79

Just politely decline explaining that you have no obligation to pay their heating bill.

If they try to take the matter further then I woudl probably evict them as soon as possible on the basis that the LL / T relationship had broken down. Their failure to report the matter earlier will mean that you have not been unreasonably slow in carrying out the repairs so they have no claim on that score.

princeofpounds

Write them a letter.

Tell them no.

Point out that you can only fix problems that are reported and when you have access to the property. Your duty as a landlord is to fix problems in a reasonable timeframe (I assume 3/52 is reasonable, I have no idea what that means...) given those two conditions.

You have fulfilled your duty as a landlord and won't accept responsibility for paying any of their gas bill.

The end.

All they can do is sue you (you will win), leave at the end of their contract, or spitefully become bad payers of rent (you will have to rely on deposit and court to cover any issues). If you can handle those risks, then you don't even need to discuss the issue any further.

navarato

Thanks princeofpounds.

3/52: 3 weeks.;)

the tenants called me to ask me to pay: i declined and did explain exactly what you said in the previous post: that i can only fix probs when reported to me and when i get acess. I then finished by asking them to put this issue in writing..should i wait till i get that letter from them and write confirming what i've already said which is no or should i respond in wiriting now to their phone call...

princeofpounds

should i wait till i get that letter from them and write confirming what i've already said which is no or should i respond in wiriting now to their phone call...

Just wait, because you don't need to do anything until one arrives and it may never do so as their request is very cheeky.

3 weeks isn't fast but it is just about reasonable, especially if a repairman was denied previously arranged access.

navarato

If tenants withold the gas bill money from future rental payments-where do i stand ?

Lastly, if tenants don't write and just keep ringing me about this issue could i technically ignore the calls as i've told them to put it in writing to me???

princeofpounds

If tenants withold the gas bill money from future rental payments-where do i stand ?

You can apply to take it out of the deposit, or sue them in the small claims court. Make sure you keep good records of payment so the first option is available to you.

Lastly, if tenants don't write and just keep ringing me about this issue could i technically ignore the calls as i've told them to put it in writing to me???

Yes.

blckbrd

Just out of curiosity... Were the radiators on for 3/4 months or off? If they were off, surely they spent less on gas than they might otherwise not that it's your problem anyway.

princeofpounds

Just out of curiosity... Were the radiators on for 3/4 months or off? If they were off, surely they spent less on gas than they might otherwise not that it's your problem anyway.

Argument is probably that they turned the heating itself up in order to compensate for dodgy radiators.

It's not a particularly sound argument as if less heat was radiating then less would have been required to keep the system hot - a certain amount of heat energy to warm a space is a certain amount of heat energy no matter how many plates it is delivered through (although there might need to be disproportionate changes to account for uneven distribution of heat).

navarato

UPDATE: tenants did send me a letter telling me they think i do bear responsibilty for their gas bill last week. I wrote back declining paying their bill. Got another letter back this week saying they're giving their 2 month notice (i'm not sad to see them go..quite the opposite ). I was reading on the net that some landlords get the tenants to sign a 'checkout statement' on the moving out day- can anyone advise on what checkout procedure they usually follow with their tenants and would i be within my rights to ask them to leave a forwarding adress? thanks

Fire_Fox

Have you got a detailed check in inventory including the condition of the decor? Have you joined a landlords association yet? This will answer your basic questions about how to conduct checkouts. Why are your tenants giving two months notice when the law is one month? Does your AST contain unfair and unenforceable clauses?