Pipe burst in property, due to T not having heating on. Thoughts please.

G_M

You have insurance? But not claiming?

The property is habitable and the tenancy continues? So rent is due.
Flip side is that if the property is uninhabitable for a period, you have to provide alternative accomodation, or pay for it, since the tenancy still continues and that's your obligation (and that's why you have insurance).

You have a deposit? This is to cover repairs for damage caused by the tenants during the tenancy. OK - not till the end of the tenancy since if they put right the damage themselves they get the full deposit back. But the point is: tenant causes damage, tenant is liable.

JPS29

I have insurance GM yes. I'm not claiming as the total claim value is only £500, then there is the excess, then there is the increase in future premiums. I only have insurance for the biggies that I can't deal with.

Like I said I'll bear the repair costs "this time" was just checking re the rent

ViolaLass

But why not take it off the deposit? That's what deposits are for, isn't it?

JPS29

Viola,

I see your point and have discussed this at length with my Mrs. Thing is if it was malicious and they intended the damage then yes the depost would be used, how I see it is that it is more their stupidity/lack of thinking, rather than throwing a party and trashing the house deliberately IYSWIM, also the tenancy hasn't ended yet and isn't looking like its going to for a long time so it would be complicated. I'd decimate the deposit fund, they'd have to re top it....... too much arsing around.

tbs624

Hammyman wrote: »

If its in the tenancy agreement, tell them that the rent is due a. When they whinge, tell them as they broke the terms of the tenancy by not ensuring the property was adequately heated, you're well within your rights to serve a Section 21 notice so their choice is to pay the rent or be evicted and have the cost of repairs deducted from the deposit.

My bolding. A LL is always "within their rights" to serve a s21 Notice of Intent to Repossess - it's a no-fault Notice. However, if Fixed Term is a long way off expiring then the LL may have a long wait, and T does not of course have to go until a court order says he must.

If T is otherwise reliable and learns a lesson from this why rush to get rid?

Had LL/OP given instructions to T on whereabouts of stopcock and a reminder of cold weather precautions to be taken if house was to be left empty? Are all pipes adequately insulated?

OP sounds fair however and I agree with Geenie.

Geenie

JPS29 wrote: »

Viola,

I see your point and have discussed this at length with my Mrs. Thing is if it was malicious and they intended the damage then yes the depost would be used, how I see it is that it is more their stupidity/lack of thinking, rather than throwing a party and trashing the house deliberately IYSWIM, also the tenancy hasn't ended yet and isn't looking like its going to for a long time so it would be complicated. I'd decimate the deposit fund, they'd have to re top it....... too much arsing around.

I agree with you JPS29. I wouldn't take it out of the deposit also in similar circumstances. I have had sort of similar things happen, where the tenant has paid for the damage at the time, but they had money to do this.

You have said that this is not necessary, and I understand why, as a good tenant is worth money in the bank, and being a LL includes taking a hit now and again. Charging the weeks rent is justified, and I am sure your tenant will understand this. Thay also have to understand how lucky they are with you.

JPS29

tbs624 wrote: »

If T is otherwise reliable and learns a lesson from this why rush to get rid?

This is exactly the case. 16 months on what originally started as a 6 month AST, no arrears, house kept well, neighbours happy with them (as opposed to previous 2 sets of T's)

Yes, they were informed of the location of stopcock, and the pipes are well insulated but if I hold my hands up I didn't remind them (other than in the tenancy agreement) about adequate heating in cold weather.

A lesson learned all round to be honest. I'm sure that he wont do it again, and I've alreasy prompted my other T in my other rental about heating the house in periods of absence, (to which she replied "im not that thick you know :rotfl:)

I try to have a business like, but still a good relationship with my T's.

Thanks for all the points of view

Doozergirl

JPS29 wrote: »

LMCD,

Don't get me wrong, inside I am !!!!!! off, I too have a mortgage on the property,, work 2 jobs and just get by.

But the property is in a not so great area and the tenant is DSS, for them to find the £500 or so pounds this is going to cost me would be a non starter. Take into account rental voids etc if relationships turn sour I'm thinking of the big picture taking this on the chin.

Smiling on the outside so to speak

Why are you even asking the question?

If he was a private tenant I'd still say that rent was due - it's his stupid fault and he's lucky that you're nice enough to be fatalistic about these things.

But he has his rent paid by benefits? And you're concerned that he might think it a bit unjust that he doesn't get to keep his Housing Benefit as spending money this week? Please.

JPS29

Again I see where you are coming from but the HB doesnt cover the full rent, he tops up the rest himself. Anyway I'm sure all will work out well.

tbs624

JPS29 - take a bow. Good to read of a (more than ) fair LL.