Tenant wants rent reduction - but is he entitled?

bigbananas

usa1 wrote: »

Give him the 2 weeks reduction. Then give him notice to leave your property and get a T in who is paying the market-rate


Your T will try it on again and again....

I feel like doing that but I'd probably end up losing out.

supermassive

dodger1 wrote: »

But is that true, OP says that they were told tenant had alternative heating. Personally I'd want to know why the tenant moved out if he did indeed have a different source of heat before deciding on any compensation.

Supposing the 'alternative' heat was adequate in terms of providing a level of comfort... would the 'compensation' then be for losses caused by the increased electricity usage to run this alternative heating?

Fact of the matter is, you're not allowed to leave a tennant without heating when the tenancy is likely to state that there's gas central heating in the property.

Would you move out in that circumstance or would you continue to live in the house and either Freeze to death, or run heating that would cost you an arm and a leg all because the landlord couldn't be bothered to get the heating fixed sooner?

In either of those circumstances (freezing or footing a large electricity bill) it's likely that the law would be on the tenant's side.

bigbananas

Better_Days wrote: »

My boiler packed up last month (sods law, January and not July!) and I can sympathise with your tenant. It really was very cold. We did use elec heaters but given the cost I wouldn't have wanted to run them for 2 weeks.

OP you do realise that you are restricting your potential pool of buyers if you try and sell with a tenant in place (even if he has given notice and agreed to leave).

Also bear in mind if you want to have viewings whilst your tenant is still living there it will be disruptive for him. In addition could refuse to tidy up and boil haddock and cabbage during every viewing. I suppose you could offer to refund the two weeks rent on the understanding that he keeps the place tidy for viewings. He may well wish to be present during viewings - I know I did.

Yea, from all accounts I've heard he's a decent guy! I suspect he genuinely feels entitled to this reduction possibly due to my letting agents advice (but I can't prove that). And at the end of the day the main thing for me now is to sell the bloody property ASAP.
We're under the impression it will be easier to sell if it had a more homely (and warm!) feel to it as opposed to being empty (and cold!). We tried selling it last year while it was empty but with no success. But I'm a bit concerned now... Wonder if I should serve him notice...

jjlandlord

supermassive wrote: »

Would you move out in that circumstance or would you continue to live in the house and either Freeze to death, or run heating that would cost you an arm and a leg all because the landlord couldn't be bothered to get the heating fixed sooner?

We don't know why the heating wasn't fixed sooner.

Assuming that the landlord is not at fault for that delay: What would an owner-occupier do if the boiler is out of order for 2 weeks?

I doubt he would pack and move to a hotel, but rather get electric heaters and deal with it until resolved.

A tenant is expected to behave like an owner-occupier would.

Guest101

usa1 wrote: »

Give him the 2 weeks reduction. Then give him notice to leave your property and get a T in who is paying the market-rate


Your T will try it on again and again....

LOL

what 2 months notice, then court, then bailiffs when OP wants to sell the house before then?

Yes that will endear him to assist with viewings and vacant possesion....

supermassive

jjlandlord wrote: »

We don't know why the heating wasn't fixed sooner.

Assuming that the landlord is at fault for that delay: What would an owner-occupier do if the boiler is out of order for 2 weeks?

I doubt he would pack and move to a hotel, but rather get electric heaters and deal with it until resolve.

A tenant is expected to behave as an owner-occupier would.

In which case you have to ask why the boiler crapped out. Was it maintained? Whose job is it to deal with boiler maintenance? Landlord.

An owner-occupier would shop around for someone who can do it asap and 2 weeks is completely unacceptable.

What if the tenant was elderly or had young children? Would you expect them to sit around in the freezing temperatures for 2 weeks? No, they'd die.

It's a human rights issue as much as anything.

jjlandlord

supermassive wrote: »

What if the tenant was elderly or had young children? Would you expect them to sit around in the freezing temperatures for 2 weeks? No, they'd die.

It's a human rights issue as much as anything.

:rotfl: :rotfl:

Guest101

mjoneseyjones wrote: »

Be very careful taking advice from guest101 - he has a long history of giving dodgy advice on here and has admitted he has absolutely no training or expertise in tenancy law.

As has already been said by others your tenant is not automatically entitled to 2 weeks rent reduction. Even if he took you to court he would have to demonstrate that you didnt make reasonable attempts to have it fixed asap. In reality, what are the chances of him taking you to court for 2 weeks rent when he has suffered no material loss? Very slim id imagine.

Any reduction/compensation you offer is at your discretion and should reflect how well you think it may encourage him to accommodate your attempt to sell the house.

Be very careful taking advice from mjoneseyjones - he/she has a long history of giving dodgy advice on here and has absolutely no training or expertise in tenancy law.

jjlandlord

Guest101 wrote: »

Be very careful taking advice from mjoneseyjones - he/she has a long history of giving dodgy advice on here and has absolutely no training or expertise in tenancy law.

Be very careful taking advice from people who cannot up with a better retort

Guest101

jjlandlord wrote: »

We don't know why the heating wasn't fixed sooner.

Assuming that the landlord is at fault for that delay: What would an owner-occupier do if the boiler is out of order for 2 weeks?

I doubt he would pack and move to a hotel, but rather get electric heaters and deal with it until resolve.

A tenant is expected to behave as an owner-occupier would.

yay we agree.

think the problem is the LL didnt provide heaters at the time. Hence the compensation now.

The tenant i suppose could've bought heaters and asked LL to pay for them?