Regulated tenant-unheated flat.

jamie11

I have a regulated tenant that I inherited when I bought a property.

He lives in an unmodernised two bedroom flat that has not been decorated or upgraded in the last 40 years or more.

I offered to modernise the flat over five years ago but was told he did not want me to do it, this was after 18 months of negotiation with him to gain entry to do the work.

His sole heating is a butane heater.

He has consistently refused me entry for inspections etc.

I did manage to have double glazing fitted, but only after the old wooden frames became dangerous, I also renewed the hot water heating boiler and a few minor repairs but had to get them done through a third party without letting him know I paid for the jobs.

He really does not like me. The feelings mutual but I try not to let it affect my responsibilities.

Now he has made a complaint directly to the council/EH about there being no heating in the place.

I have had a word with EH and they seem to imply that I can be forced to put central heating in there. I have always understood that, while existing systems must be maintained, there is no requirement to upgrade a property for a tenant. That they have rented it as it is and that is what they are paying for.

The EH officer was talking about a gas CH system which I could be forced to fit, the property has no gas so I am reluctant to do that.
I did say I'd have no problem with supplying a few electric radiators.

However I am wondering how far the EH powers go.

Am I responsible for providing heaters to this guy that has lived there for the last 40 years?

I am expecting a S239 inspection shortly so I'd be interested in your views.

Thanks

Ulfar

If it has no gas then an alternative would be electric heating such as economy 7 night storage heaters.

EH can make you do required works but they cannot specify it must be gas central heating especially when there is no gas supply. Another alternative would be oil central heating.

Brallaqueen

Agree - I believe the EHO can specify that there is heating to a certain level for health and safety reasons but not what kind of heating except that it is fixed (no plug in heaters).

Did you document previous attempts to modernise the property and the problems you experienced? Do you think that the tenant will be any more amenable to you this time round even though he has made the complaint?

poppysarah

Heating systems have to meet certain criteria of being controllable and .. b*gger. Can't thnk what the phrasing is.

If you have attempted to get improvements made in the past - can you show evidence that you have tried and been thwarted.

propertyman

In response to a complaint the EHO can issue notice to bring the property up to a standard that meets or exceeds the rating under HHSRS
http://www.communities.gov.uk/publications/housing/housinghealth

When choosing how to address it think about the resale value should the tenant leave ( for any reasons) in the lifetime of the system, and your running costs of it in this case repairs and certification of electric vs gas.

The upside is that while it is still a registered rent, this will allow you to apply for an out of step re registration due to the change of circumstances and an increase for the improvements beyond simply meeting your obligations ( no need to wait for 21 months)

http://www.voa.gov.uk/corporate/Publications/Manuals/RentOfficerA-Z/c-roh-change-of-circumstances-fr.html

jamie11

Hmmm! No plug in appliances? That complicates it a bit. Whatever I put in there now is going to be surplus to requirements when I do get in there to refurbish. I do not like storage heaters at all. but there are some very good dry radiators that use minimal power and are thermostatically controlled, I could fit the whole place out for about £1200 with those, and they are designed to run on a 13 amp circuit permanently.


I have kept correspondence from when I tried to do the place before, there is also a dated thread on another site where I was looking for advice at the time, I have that printed out.

Do you think that the tenant will be any more amenable to you this time

Not a chance.

An amusing side to this is that the tenant (very elderly now) seems to think he is within his rights to round down the rent to the nearest £10. The result is that he is now about £500 in arrears, I have quietly swallowed this so far but obviously if we do come face to face I am going to have to mention it, I wish I could S8 him but of course I can't.

Another point that will probably escape the EH officer's attention is that he lives entirely in one room of the flat, the other rooms are never heated, at least not in the last 17 years I have owned the place, I dread to think what the state of the plaster and ceilings is in those rooms.

jamie11

propertyman wrote: »

In response to a complaint the EHO can issue notice to bring the property up to a standard that meets or exceeds the rating under HHSRS
http://www.communities.gov.uk/publications/housing/housinghealth

When choosing how to address it think about the resale value should the tenant leave ( for any reasons) in the lifetime of the system, and your running costs of it in this case repairs and certification of electric vs gas.

The upside is that while it is still a registered rent, this will allow you to apply for an out of step re registration due to the change of circumstances and an increase for the improvements beyond simply meeting your obligations ( no need to wait for 21 months)

http://www.voa.gov.uk/corporate/Publications/Manuals/RentOfficerA-Z/c-roh-change-of-circumstances-fr.html

Izzat you LHA?

I've avoided a rent review for the past couple of years when it came due anyway, the last time it was done I ended up with less rent.

I have no plans to sell it yet, when refurbished it will bring 3x the present rent, I'm just waiting for him to pop his clogs. Praying hasn't worked.

propertyman

The advantage of a notice is that it greatly strengthens your position in getting access to repair, and in tandem with the disruption and the increased rent, may in turn create a situation where the tenant decides to look for public housing. You might try and get social services involved to assist.

Even with arrears and acts of waste the courts have always taken the view that the reversion is the most valuable part of these properties, not the income stream, that they most often need extensive modernisation any way, and therefore barring huge arrears or significant damage, they won't grant possession. Ground 1 and 3 are, sadly, discretionary.

If they have a substantial income and are simply living in a very" individual" way, then you are not stopped from getting a money judgement.

rentergirl

I suspect he is confused, and this is going to be hard. However, there is usually a Tenancy Relations Officer at a council, who can often negotiate and do also help landlords in what in your case is bordering on the absurd.

propertyman

rentergirl wrote: »

I suspect he is confused, and this is going to be hard. However, there is usually a Tenancy Relations Officer at a council, who can often negotiate and do also help landlords in what in your case is bordering on the absurd.

It is a very common problem - I will never forget the tenant who always answered the door in a T shirt, wellies and nothing else, :eek:and who lived on cheese and milk and slept in packing boxes.

Mad as a hatter but the harmless kind!

jamie11

rentergirl wrote: »

I suspect he is confused, and this is going to be hard. However, there is usually a Tenancy Relations Officer at a council, who can often negotiate and do also help landlords in what in your case is bordering on the absurd.

Confused is not the word I would apply to him, crafty sounds more like it. I'm not really worried about the EH S239. Luckily I can afford to outlay a bit to get them off my back. Thanks for saying the complaint is absurd, that's what I think too, all he had to do was talk to me.

Even with arrears an acts of waste the courts have always taken the view that the reversion is the most valuable part of these properties, not the income stream, that they most often need extensive modernisation any way, and therefore barring huge arrears or significant damage, they won't grant possession. Ground 1 and 3 are, sadly, discretionary.

That's what I believe too, I've had many offers to take the place off my hands over the years but my attitude has always been that if it's worthwhile for a property company to buy it then it must be worthwhile for me to keep it. Maximum offer in the good times (95-05) was 80K now it would be about 40K, but similar flats in the area are around 140K even today. That is in good condition of course. I estimate about £20K to fully refurbish eventually.