Can't afford to fix boiler

numbercruncher8

If repairs were not done, would the tenants be legally entitled to withhold the rent? 
The answer to that is no, of course.
So why should it be any different the other way around? The fact that it is uneconomical to fix isn't their problem, but it is an obligation to provide it, or an alternative.

greatcrested

Unfortunately from a legal standpoint the issue of rent and the issue of the boiler are unrelated.

You have a legal obligation to provide heating and hot water. If they go to the council you are likely to receive an Enforcement Notice. If you fail to comply with it by fixing the boiler, the council will arrange for a new boiler (or repair) and then they (the council) will pursue you for the cost.

If the tenants posted here with their heating problem, and especially given that bills are your responsibility (why I wonder?) we'd be telling them to borrow or buy cheaply multiple elecric heaters.

Your best option is to sell rapidly to another landlord/investor. I'm afraid that will involve a considerable discount on the price.

Exactly what stage have you reached in deling with the rent arreas?

Aranyani

YorkieDave said:

numbercruncher8 said:

Surely gotta be a wind-up?
Some options, default on your current rent and use that money to pay for a new boiler.
Renegotiate with your lender and try to free up some capital.
Unsecured loans are expensive but possible to get.
I expect you may already be aware of these routes.

I wish it was a wind up. I am on a DMP so borrowing money isn’t an option.  

Why on earth are you renting out property?  

Plug in heaters and an electric shower and get it sold.

Angela_D_3

grumiofoundation said:

Angela_D_3 said:

So whats the worst ggey can do,  take you yo court at which point you explain yo the judge they haven't paid their rent.  They can't throw stones whilst living in a glass house.  Do nothing,  they are lucky you are much nicer than me id have changed the locks and put their stuff on the street.  

My nicer you mean law-abiding? 

If the OP does what you would do then they would face a criminal investigation for illegal eviction, if found guilty would face a fine, even potential jail time and to add insult to criminal conviction might end up paying compensation to their non-rent paying tenants.

Please don’t become a landlord. 

Im already a land lord.  Try calling the police and youll be told its a civil matter its not bug they arent interested 

grumiofoundation

Angela_D_3 said:

grumiofoundation said:

Angela_D_3 said:

So whats the worst ggey can do,  take you yo court at which point you explain yo the judge they haven't paid their rent.  They can't throw stones whilst living in a glass house.  Do nothing,  they are lucky you are much nicer than me id have changed the locks and put their stuff on the street.  

My nicer you mean law-abiding? 

If the OP does what you would do then they would face a criminal investigation for illegal eviction, if found guilty would face a fine, even potential jail time and to add insult to criminal conviction might end up paying compensation to their non-rent paying tenants.

Please don’t become a landlord. 

Im already a land lord.  Try calling the police and youll be told its a civil matter its not bug they arent interested 

And people wonder why landlords get a bad name... 

theartfullodger

And some still wonder why landlords have such a bad name.  

Situations like this make it tougher for the few decent landlords.

YorkieDave

greatcrested said:

Unfortunately from a legal standpoint the issue of rent and the issue of the boiler are unrelated.

You have a legal obligation to provide heating and hot water. If they go to the council you are likely to receive an Enforcement Notice. If you fail to comply with it by fixing the boiler, the council will arrange for a new boiler (or repair) and then they (the council) will pursue you for the cost.

If the tenants posted here with their heating problem, and especially given that bills are your responsibility (why I wonder?) we'd be telling them to borrow or buy cheaply multiple elecric heaters.

Your best option is to sell rapidly to another landlord/investor. I'm afraid that will involve a considerable discount on the price.

Exactly what stage have you reached in deling with the rent arreas?

Bills are my responsibility as I rent rooms out in the house. Always have done for 20 years, with no problems.

I’ve asked them to pay but been told I can make them until at least 25th January. I’m about to serve them notices. 

YorkieDave

Aranyani said:

YorkieDave said:

numbercruncher8 said:

Surely gotta be a wind-up?
Some options, default on your current rent and use that money to pay for a new boiler.
Renegotiate with your lender and try to free up some capital.
Unsecured loans are expensive but possible to get.
I expect you may already be aware of these routes.

I wish it was a wind up. I am on a DMP so borrowing money isn’t an option.  

Why on earth are you renting out property?  

Plug in heaters and an electric shower and get it sold.

I’m not sure why I shouldn’t rent out property? I used to live in the house, then kept it when I got married and moved and rented it out. For 19 years it’s brought in some extra income with no issues. I didn’t predict Coronavirus and the associated delays in eviction. So now I’m a bit stuck. Hence asking for help. 

[Deleted User]

If you have rented out a property this long, you must have known that at some point the boiler would need replacing, and allocated some of the rent (that has been paid for years) towards repairs/replacement.  If the tenants haven't paid rent for months, are unemployed and in receipt of benefits, you don't just sit there waiting for a miracle, you ask the council for direct payments a lot sooner.  I don't have that much sympathy.  If the 'profit' from the property wasn't great, you sell it.  

Slithery

YorkieDave said:

I’ve asked them to pay but been told I can make them until at least 25th January. I’m about to serve them notices. 

If you haven't even served them notice yet then yes, 25th January 2022 sounds about correct.