Tenant Advised not to pay rent!

Doozergirl

Which Law book have people started reading these days?!

Trollfever

As your business plan would have included allowances for voids, contingencies, emergencies etc, you should be in a strong postion to negotiate with your tenant.

mdj1

I never got to finish my post before i hit the enter key!

Unfortunately, these sorts of situation arise all the time, and although its no actual fault of the landlord. i.e. he didnt ASK for his heating to break down. Some tennants think that things should be fixed immediately, and within reason they should.

Maybe the tennant in this case thought that the boiler should be fixed the same day, maybe the landlord thought tough. At the end of the day I don't think we will ever know the full story, that's what i'm trying to say.

pocket8s

Ok thanks for all responses.

Firstly may i say: I fully understand the tenant being annoyed.

2nd: I spoke to the tenant almost daily updating them on progress.

3rd: When the heating broke it was just one radiator in there bedroom, so the house was still warm and comfortable.

4th The water was intermitant this happened about a week after the radiator problem was resolved.

The reason i noted in the original post that i was using a Corgi registered plumber was to express that i wasnt getting any joe blogs to fix the system.

So the best thing to do is, suggest a two rebate when they pay the rent?

pocket8s

PS. Poppy thanks for checking my previous record

That was my sister who occasssionally posts.

pinkshoes

But they had no central heating... that doesn't mean no heating!! Did they ask for an electric heater? Did the LL offer one? If they had no central heating and no electricity, THEN they shouldn't have to pay rent.

I think people are too quick to moan!

ps - in some areas it takes forever to get a plumber and/or boiler parts!! (no, i'm not a landlord, but some friends bought a house that had a dodgy boiler!!)

mdj1

If they were without COMPLETE heating and hot water then it would be a good gesture to offer maybe a week or so full refund, HOWEVER if it was only a partial loss of services and or intermitant whislt the fault was diagnosed and fixed then a reduction in the rent for the period would be more suitable i.e 20 or 25% for the term of the inconvenience.

You should say to them that they are not allowed to with hold rent and this would be seen as a breach of contract.

However, you need to be careful as things can get very messy, very quickly.

RabbitMad

pocket8s wrote: »

they have told me that they have been to the citizens advice b and they have advised them that they should ask for 8 weeks free rent, as it took almost this time to fix the problems.
Thanks

They've asked. What was your response?

I think that legally they are not entitled to a reduction (or if they are certainly not 8 weeks rent free) however I think that you should offer them some kind of compensation for the inconvienence and loss of heating and hot water. Its up to you how much to offer them.

If you do decide to offer them something write them a letter without prejudice that doesn't admit liability offering x, including a cheque for the amount (although if they owe rent make sure they pay that first.)

r.mac_2

ok - my suggestion. Not a legal one, admittedly.

what is the tennants rent daily? how many days were they without the hotwater/central heating. Offer them those days rent refunded, unless you provided an alternative way of heating.

you ahve to take some responsibility for the heating system, as the landlord, but 8 weeks sounds excessive if it was truely an intermittent problem and you took all possible and reasonable steps to repair as quickly as possible.

Debt_Free_Chick

Irrespective of whether the tenant is entitled to or deserves compensation, this is not to be achieved by witholding the rent. The rent should always be paid and that's that.

If compensation is due or deserved, that's a completely separate matter.

I cannot believe this is CAB advice. More like it that CAB have suggested that they discuss compensation with you; they don't like the advice and have taken it on themselves to force you to pay 8 weeks "compo" by witholding the rent.

8 weeks rent sounds perilously close to 2 months rent. If they now owe more than 2 months rent (and it need only be a penny more than twice the rent set out in the agreement), then they are in arrears and you could issue a section 8 notice! Drastic and probably not what you want to do ... but bear it in mind as it might be a useful negotiating tool.

The rent is for the entire house and all the facilities - of which, water and heating is but a small part. And no LL is ever expected to provide facilities 24/7 for 365 days of the year. It is accepted that repairs need time to see to .... is 8 weeks "reasonable" ?

How keen are you to keep them as tenants? If "very" (or more than 50/50), then offer some compensation. Talk to them first and explain your situation. But make it clear why 8 weeks rent is completely unreasonable. Make it clear that they have no automatic entitlement to compo, but you accept they've been inconvenienced and you'd like to offer them "something for their trouble".

Let us know how you get on. Definitely post back if you have any problems.

HTH