Tenant says I am responsible

SerialRenter

ClareElizabeth wrote: »

am legally responsible for the call out.

To answer simply: No.

To fully answer, see every other post in this thread.

This is a business you're running, emotion shouldn't really come into it. The tenant may well be a bit of a fool, but that's something you've got to account for as unlike yourself it's doubtful that they've only every lived in a property with only oil and hence it's not really a surprise they've made a mistake.

As i said before, you want to look at preventing this from happening again. Get an oil level monitor, something that'll tell the tenant when it needs refilling.

amiehall

So you left instructions on how to check the gauge. Leaving aside the fact that the tenant didn't understand these fully, did you explain WHY someone might need to check it other than not wanting their heating to stop working? Otherwise I might just think that clearly I'll notice when it's empty as the heating will stop and I could buy some more then...

I don't think your average man on the street would know ANYTHING about heating oil so you should assume any tenant needs to have a clear explanation of why the tank shouldn't be allowed to run dry.

rpc

ClareElizabeth wrote: »

Not my idea, this is my agents way of dealing with it.
The tenants are aware of this it is in the contract, so not my concern how they go about it to be honest, and has never been an issue in the past. It seems to work.
My agents not only do this for my property but all those they let with oil heating through all of their offices.

It would be your concern if the tenant wanted paid for any excess oil and ADR or a court decided that your term was unfair.

If you gave a tenant notice just after they had filled the tank, would you really expect them to leave you all the extra oil? Sounds unfair to me!

You might have agents, but the buck stops with the LL. You have a contract with the tenant and the agent has nothing to do with this.

ClareElizabeth_2

There is no dispute over whether she knew to let the tank run out or not or what the consequences might be.
I do take on board that this might not be an issue for this tenant, or my previous tenants, but could be for future tenants and will therefore write further instructions in clear simple English to explain just that.
I spoke to the tenant before she agreed tenancy to explain about the quirks of living in a period property to make sure she was comfortable with this (I do this with all prospective tenants because as you rightly point out, some people have never lived in anything but a modern house). She previously lived in the neighbouring village for the past 8yrs and had oil heating and knew about things such as open fires, ventilation, allowing the walls to breathe, chimney sweeping etc etc.
The dispute arises over whether I was negligent in my duty as a landlord for only providing written instructions and diagrams on how to check the oil level, working the sight gauge correctly, or whether this should've something the LA demonstrated personally when she moved in.
I do have a lock on the tank, but no alarm.
A previous tenant fitted their own alarm with my permission which was removed by them at the end of the tenancy. I am more that happy for this tenant to do the same if they wish to do so.

ClareElizabeth_2

Sorry, should have said, the terms are that the tenant leaves the same amount of oil on moving in when moving out, however if there is more then they are paid for it at the current oil rate that day, if there is less it is taken out of their deposit. There is an accurate reading taken at the begining and end of tenancy, not just reliance on the sight gauge.
This will always be a tricky issue, because if you go down the route of leaving it empty etc, not only can it damage the boiler but also the incoming tenant then has to arrange delivery and be without hot water and heating for days waiting for delivery or pay an inflated price to have an emergency delivery.
If you put a full tank in, and ask for a full tank to be left then there are possible disputes about the oil costs rising during the tenancy, and therefore the tenants paying far more than what i paid when they moved in.
There is no easy solution to this one, but I am happy with the agents experience in this area and what has worked best overall in their years of operation.

ClareElizabeth_2

As you can see this is my first post, I had no clue about forum etiquette of thanking everyone for contributions throughout, I rather felt it was like a conversation and at the conclusion of it was when I thank people or not?
Not everyone has experience of being on this forum, perhaps some clear written instructions and a few examples on how the thanking process works would help.......I know that was in bad taste but couldn't help myself!

mjan

ClareElizabeth wrote: »

As you can see this is my first post, I had no clue about forum etiquette of thanking everyone for contributions throughout, I rather felt it was like a conversation and at the conclusion of it was when I thank people or not?
Not everyone has experience of being on this forum, perhaps some clear written instructions and a few examples on how the thanking process works would help.......I know that was in bad taste but couldn't help myself!

So, even though clear instructions about forum etiquette, forum help and forum rules are clearly written and posted on top of the page, you didn't know how it works?

Maybe you should get someone to give you a demonstration on how it all works like your tenant should have got?

CH27

ClareElizabeth wrote: »

As you can see this is my first post, I had no clue about forum etiquette of thanking everyone for contributions throughout, I rather felt it was like a conversation and at the conclusion of it was when I thank people or not?
Not everyone has experience of being on this forum, perhaps some clear written instructions and a few examples on how the thanking process works would help.......I know that was in bad taste but couldn't help myself!

So you should have sympathy with your tenant then!

ClareElizabeth_2

There is nothing in the Forum Etiquette section that says I MUST thank people for their posts as the conversation goes along, no.
Yep, time to get in a professional to demonstrate and I will bill MSE!

ClareElizabeth_2

Update.
My LA has this morning said they will pay for the bill.
Bravo!
Thanks for all the replies.
It has highlighted a need to write even more instructions for my house for the future, although I think I will be going back to a holiday let once again.