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Tenant wants rent reduction - but is he entitled?
Comments
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bigbananas wrote: »No we didn't provide any alternative heating as we were told he had some already and that he wasn't staying at the house anyway.
Although the rent we are getting and the cost of the repair should be irrelevant they are real world issues that make giving him 2 weeks compensation difficult. Obviously we aren't monsters and we try to put ourselves in his situation where we would probably want compensation also. But if it's not written in law that we have to give him the equivilant of the exact number of days he was not comfortable at the property then it falls to a negotiation. And we cannot afford to hand over 2 weeks rent due to the for-mentioned financial facts. So, we would offer 1 weeks rent because it is a fair amount based on assuming he suffered no financial loss by staying at his mums house.
1: your personal circumstances are irrelevant.
2: he has suffered a loss, two weeks rent for a property he could not use.
3: there is a clear law, it just does not specify what the compensation should be. he could always take you to court and you end up paying more in costs.
4: hope he accepts 1 week returned0 -
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Thanks for all your thoughts and advice guys! I'll have to give him the 2 weeks reduction.
It's a right kick in the balls to have to shell out £600 for a boiler repair just 1 month before selling! I'll just be glad to be shot of this property!0 -
1: your personal circumstances are irrelevant.
2: he has suffered a loss, two weeks rent for a property he could not use.
3: there is a clear law, it just does not specify what the compensation should be. he could always take you to court and you end up paying more in costs.
4: hope he accepts 1 week returned
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.It's someone else's fault.0 -
While you should indeed offer something, your tenant is clearly taking the p*ss and that's not a good sign for the future.
Your offer is a 50% discount over the affected period, which is generous.0 -
bigbananas wrote: »I'll no doubt just have to give the greedy git what he wants!
If you are going to pay compensation, pay it at the end of the tenancy when you have vacant possession, it's a incentive for the tenant to leave place clean & tidy etc etc etc.ANURADHA KOIRALA ??? go on throw it in google.0 -
bigbananas wrote: »True. Very simple, yet that has hit the nail on the head. I guess 2 weeks it is then.
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.0 -
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....It's not the despair, Laura. I can take the despair. It's the hope I can't stand. ~ Brian Stimpson, Clockwise0 -
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.It is a good idea to be alone in a garden at dawn or dark so that all its shy presences may haunt you and possess you in a reverie of suspended thought.
James Douglas0 -
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