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tenant not paying rent - boiler broken
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cccs1986
Posts: 41 Forumite
As the title suggests my tenant owes over £800 in rent and now the boiler is not producing hot water. I'm aware of how to obtain possession of the property via the courtss, but as I am now receiving harrassing messages from the tenant about getting the boiler fixed - I'm wondering do I have a legal obligation to fix it, even though he hasn't paid any rent for months!
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Well yes you do have an obligation to provide a facility for hot water and for heating. What sort of boiler is it? Could you install an immersion heater in the tank and provide an electric heater? That would satisfy your legal requirements.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Well yes you do have an obligation to provide a facility for hot water and for heating. What sort of boiler is it? Could you install an immersion heater in the tank and provide an electric heater? That would satisfy your legal requirements.
I suspected that would be the reply - however why the h**l should I cough up for repairs when I'm receiving no rent! I'm not some dodgy landlord but if rent is owed....0 -
Yes, you have to fix the boiler immediately. It is a LL's responsibility regardless whether the T is currently paying rent or not!
- The tennant is likely to say that the reason they are not paying rent is because they have no hot water...0 -
I suspected that would be the reply - however why the h**l should I cough up for repairs when I'm receiving no rent! I'm not some dodgy landlord but if rent is owed....
Then make sure you know the law that applies to your property business - you should already KNOW that you cannot withold such services and without needing to resort to asking on an internet forum.:hello:0 -
Outstanding rent is not a legitimate reason for not observing your statutory repairing obligations. Just as a disrepair is not a legitimate reason for withholding the rent.
Get the boiler repaired and evict your tenant once it's been done.0 -
dorset_nurse wrote: »Yes, you have to fix the boiler immediately. It is a LL's responsibility regardless whether the T is currently paying rent or not!
- The tennant is likely to say that the reason they are not paying rent is because they have no hot water...
Expect the boiler has been broken for 12 hours, and no rent has been paid since January. But yes, I take your point thanks0 -
Yes you would need to fix it.
It's the same if it was the reverse, boiler not being fixed, the tenent cannot withold the rent.0 -
Expect the boiler has been broken for 12 hours, and no rent has been paid since January. But yes, I take your point thanks
I had a boiler fixed by working out what was wrong with it (some investigation and googling!) I bought the part -a new PCB- on ebay for £85 instead of £200 and got it fitted in minutes by someone trained. Saved me lots instead of calling someone out.
Good luck with evicting the tennants.0 -
why the h**l should I cough up for repairs when I'm receiving no rent.
Because that is the law.
No hot water means the house is unfit for habitation.
The tenant could call in the Environmental Health, which has the power to repair the fault and bill you. You could also face criminal proceedings.
The rent arrears are a different issue, and this does not give you the right to withdraw essential services such as hot water and heating.
If your tenants are not paying the rent, then you should take the necessary steps to terminate the tenancy, since they are now more than two months in arrears. Also, if they are in receipt of LHA, you can apply for the monsy to be paid directly to you, as they have missed at least two month's rent payments.
EDIT: I suggest that you join one of the Landlord Organisations and brush up on your rights and responsibilities, or you could be heading for trouble.....I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
Heading for trouble? They already have plenty! I cannot comprehend how or why a landlord who has not received any rent since January hasn't issued a Section 8 by now.0
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