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LL responsible for phone line/ aerial?

Hi everyone,

My new tenant (been in for 3 weeks) has contacted my agent to say that there is a fault with the telephone line and the internal aerial doesn't work.

The property was not advertised as having either and I don't particularly think that it is my responsibility to fix them as they are not really intrinsic to the property.

Is this correct? I have done everything else that the tenant has requested since he's moved in.

Thanks as always
Man plans and God laughs...
Perhaps travel cannot prevent bigotry. But by demonstrating that all people cry, laugh, eat, worry and die, it introduces the idea that if we try to understand each other, we may even become friends.
«13

Comments

  • Yorkie1
    Yorkie1 Posts: 12,239 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'd expect some form of phone line and TV to be present.
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yorkie1 wrote: »
    I'd expect some form of phone line and TV to be present.

    Then I would expect you to be disappointed.
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    The phone line will be up to the tenant as it is them that have the contract with the phone company
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • sandsni
    sandsni Posts: 683 Forumite
    Was the phone line connected when the tenant moved in? If it's not connected to a provider (and wasn't advertised or let with phone connection included) then it's up to the tenant to sign up to whatever provider they prefer, it's between the tenant and the provider, not the LL. Have they checked whether it's a fault outside the property (which would be the provider's responsibility AFAIK) or a fault inside?


    If the phone line and internal aerial weren't mentioned on the inventory or included in the rental agreement then you aren't technically liable to get them fixed, but for the sake of a happy tenant it might be worth your while at least looking into it.
  • Ladyhawk
    Ladyhawk Posts: 2,064 Forumite
    Thanks everyone.

    I believe the tenant has checked and its an internal fault. I'm always quick to fix any issues at the property but I just really don't think on this occassion it is down to me to fix these issues.
    Man plans and God laughs...
    Perhaps travel cannot prevent bigotry. But by demonstrating that all people cry, laugh, eat, worry and die, it introduces the idea that if we try to understand each other, we may even become friends.
  • nidO
    nidO Posts: 847 Forumite
    edited 6 January 2014 at 10:26PM
    Presumably the issue here is a fault with the actual wiring within the property, not just the line being disconnected and them needing to signup with a provider, or a problem at the provider's end
    The latter two are fine and it's their responsibility to actually get connected with a provider and any issues with the provider are between the provider and your tenant.

    HOWEVER.

    If the problem is that they have got the line connected and there's a fault with the actual wiring within the property, i'd put this down as most definitely your responsibility to fix.
    Stating that the property was not advertised as having a phone line wouldn't wash with me one bit, the wiring to support a telephone line is a standard feature you expect in any property (there aren't many lettings ads that mention the properties include a roof at no extra cost either) and if I looked round a prospective property and it has phone sockets, i'd expect them to work.
  • 19lottie82
    19lottie82 Posts: 6,032 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    nidO wrote: »
    Stating that the property was not advertised as having a phone line wouldn't wash with me one bit, the wiring to support a telephone line is a standard feature you expect in any property (there aren't many lettings ads that mention the properties include a roof at no extra cost either) and if I looked round a prospective property and it has phone sockets, i'd expect them to work.

    I'd doesn't matter what you would expect. If it wasn't mentioned in the particulars of the flat when it was advertised for rent, the LL is not legally obliged to supply a working phone line.
  • nidO
    nidO Posts: 847 Forumite
    19lottie82 wrote: »
    I'd doesn't matter what you would expect. If it wasn't mentioned in the particulars of the flat when it was advertised for rent, the LL is not legally obliged to supply a working phone line.

    There is a world of difference between "legally obliged to supply" and "providing a service your customer (tenant) can reasonably expect, if you want them to stay a decent tenant and not leave ASAP".
    If the physical wiring's there and the plugs are accessible, it should work.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Landlord & Tenant Act 1985 (Repairing obligations)

    11 Repairing obligations in short leases.

    (1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

    (a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

    (b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

    (c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
    So no statutory obligation.

    There may be a contractual obligation though. Either
    a) explicit- if the tenancy agreement/inventory mention phone sockets,wiring, aeriels etc
    b) implicit, if the presence of those items, or anything the LL said, led the tenant to believe they worked & were part of the contract

    But either way, as a landlord I would fix them.
    * good for relations with your current tenant - why p*ss them off so early in the tenancy?
    * good for the property to have working utilities for if/when you next advertise (which may be soon if you p*ss off the tenant!)

    Come on- it's basic maintenance.
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    Is this a flat or a house?

    If it's a communal aerial and the connection is not working then I think it is the LL's responsibility to fix the connection as that will involve the fabric of the property.

    As to the telephone line - if it is an internal wiring problem then I don't think it would be fair to expect the tenant to have to fix the issue themselves.

    I think that it is generally accepted that properties should have the capability to have a working landline - it is part of living in the 21st century.

    To simply say that these items were not mentioned on the inventory is just wriggling out of a LL's responsibility.
    :hello:
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