Trouble with boiler

jacqhale

Hi,

I have 2 buy to let flats which I have owned for 4 and 5 years each. Never had a problem with tennants or rent and consider myself to be a good landlady - any slight problems always fixed promptly i.e. a leaking radiator in one flat, gas checks up to date, proper paperwork, deposits protected etc.... All the basics covered I think.

Anyway I had some new tennants move in December 18th after one flat had been empty for a few months. All went well but on the Saturday they rang to say the hot water wasn't working properly. Said not to go round that evening as putting baby to bed so we went round Sunday, my husband is quite 'handy' but couldn't see what the problem was so called the plumber and he came out Monday. Needed a part which was picked up and fitted on Tuesday. Turned out that wasn't the only problem and filters needed to be cleaned which was done on Wednesday and heating working again. Plumber said the boiler needed a filter and some bits fitting to stop the problem recurring and would fit in the New Year.
Anyway, tennants were very aggressive about the hot water not working properly (would run hot and cold but not enough for a bath - heating working fine) and said I needed to put them up in a hotel or they wanted their money back and move out.

I didn't agree to put them up in a hotel as they need to give me reasonable time to sort the problem but I did agree to a reduction in next month's rent for the inconvenience - £75.
I think I did as much as I could and sorted the problem as quickly as possible - the plumber put off other jobs as the tennant was so upset and it was coming up to Christmas. I understand his point of view about wanting it fixed but I kept him informed and sorted as quickly as was possible. The inconvenience to them was minimal I feel but they said they couldn't go out or sleep because of the stress of it all and they couldn't wash (I would personally boil a kettle but his reaction to that was explosive).

They have just text me to say the heating has packed in and I'm getting stressed about it already. They rang the plumber themselves he said he will go round today and look at it. I know they will kick off again and while I do understand they don't want to be without heating they are not taking into consideration the fact I am sorting it as soon as possible.

I would really like to know if anyone else has been in a similar situation - could I / should I be doing more? I have some electric heaters at home I can take round to them tonight if the heating can't be sorted straight away.

I don't want to cancel the tennancy agreement as that leaves me 5months of no rent that was guaratneed of coming in but are they within their rights to do this?
It's a reasonable new Worcester boiler - about 18 months old I think and I never had a complaint about it from the last tenants who were there for over a year.

Thanks for any comments.

tim_n

Taking a leaf from the news stories floating about, I don't think hot water and heating are seen as 'essentials' and as long as you're responding in a timely manner and fixing it in good faith that it'll be returning to normal service I don't think they've got a leg to stand on. I wouldn't personally offer them any futher discounts if they're going to be aggressive because they'll start to believe they're due one each time they report something. I don't have any experience of this kind of thing (apart from the rentee side of things) and I've had to put up with no hot water etc. They can always boil a kettle or wrap up in a blanket.

Sound like a better land lord than I used to have anyway...

N79

Been there and got the t-shirt.

I would issue notice to these Ts now for the earliest possible date. They are only going to get worse.

I would not have offered them a rent reduction but you have and I would never advocate going back on your word so stick with that for now.

If you are getting a plumber to investigate the heating failing within 24 hours and supplying heaters while the problem remains then you have more than fulfilled your obligations as a LL.

Don't let the Ts get to you - but keep a record of any threats etc and from now on keep all dealings between yourself and these Ts in writing.

As for a voluntary surrender of the tenancy then that is your call but make sure that you make the Ts provide an offer in writing and remember that you are perfectly entitled to your costs while the property is relet. The Ts have no right to demand a voluntary surrender and any agreement and its terms is strictly your decision.

Finally, as a LL can I suggest that the words tenant and tenancy are two words that you should learn to spell!

jacqhale

Thank you. It's so hard because I really want to be a good landlord and I think I have behaved reasonably and correctly but at the same time I can see it from their point of view.
I will definitely not be giving them any more rent reduction or terminating the contract - if they wish to take it further do they have to do it through the courts?

N79

jacqhale wrote: »

Thank you. It's so hard because I really want to be a good landlord and I think I have behaved reasonably and correctly but at the same time I can see it from their point of view.
I will definitely not be giving them any more rent reduction or terminating the contract - if they wish to take it further do they have to do it through the courts?

Yes. Although they may stop paying rent in which case you will have to through the courts. Either way see my note about evicting them as soon as possible - there will only be more trouble over time if they are unreasonable people.

Jowo_2

Landlords must keep the heating/water infrastructure in good repair and attend to repairs in reasonable time. It's good landlord/tenant relations to offer a rent refund when the tenants have been inconvenienced.

However, some tenants do not appreciate how hard it is to get good plumbers at peak times of year and they aren't entitled to have a quicker service than the average householder enjoys so its a shame if there is an expectation of immediate fixes which can be unrealistic at this time of year or when a mechanical or electrical system requires a spare part that needs to be ordered.

That said, have you considered having a landlord service contract with someone like British Gas? I know some people report mixed experiences with them (lots of exclusions from their policy, missed appointments and so forth).

Your tenants cannot say their tenancy has been frustrated because of modest and brief interruptions to heating - a property has to be virtually unhabitable or lack an essential service for a tenant to walk away.

However, if they are aggressive tenants you might actually want to consider permitting them to surrender their tenancy if they ask to get out of their contract, on condition that they pay until replacement tenants are found - make sure this is put in writing and you have good records of any agreement. That's a fairly common way landlords and tenants arrange an early end to a fixed term agreement.

Also, when was the last time the boiler was serviced?

Jowo_2

N79 wrote: »

Yes. Although they may stop paying rent in which case you will have to through the courts. Either way see my note about evicting them as soon as possible - there will only be more trouble over time if they are unreasonable people.

Yes, but as the tenants moved into the property in December, the OP would have probably issued at least a 6 months agreement and its very difficult to get tenants who do not have substantial rent arrears out before the end of a fixed term contract.

N79

Jowo wrote: »

Yes, but as the tenants moved into the property in December, the OP would have probably issued at least a 6 months agreement and its very difficult to get tenants who do not have substantial rent arrears out before the end of a fixed term contract.

I know - but the notice can still be issued now, if that is what the LL wants to do - it just can not take effect until June at the earliest. Sometimes the threat works wonders on an unreasonable T.

jacqhale

Thanks everyone, I think if they become aggressive again over this issue I will allow them to end the contract early - they are on a 6 month asuured tenancy at the moment - on the proviso they pay until I find new tenants which will hopefully be quicker this side of Christmas.

JoWo the boiler had it's last gas inspection about 6 months ago so will talk to the plumber about a service. He's not keen on going back into the flat cos of the tenant though!!!!:rotfl: