I could really do with some help here, please.  I own a flat which was let 
to two men, who have not paid rent for ages - much longer than 2 months. I 
have served a S.8 notice, but it's not yet gone to court.

One of the men has moved out, and the other has moved his wife and child 
in - all without me knowing. In fact, they have denied me access to the 
flat. They also did not allow British Gas to enter to do the annual boiler 
service - they tried on 3 occasions.  On Friday, I received a letter from 
the freeholders telling me that water was leaking into the flat downstairs, 
and I managed to get hold of my 'tenant', who did let me in on Saturday 
evening.

When I got in, I was appalled. The central heating boiler had been set far 
too hot, and the cupboard the boiler was in was saturated, with water 
dripping down. I thought it was incredibly dangerous, so I turned the boiler 
off as permanently as I could and made an appointment for BG to come on 
Monday.

I also found that the hot/cold water tank was leaking very badly. The tenant 
had arranged a large tray under the tank to catch the leaks, but this was 
filling up rapidly, and the bottom of the cupboard was very wet. He told me 
that he emptied it regularly, and that this had been going on for a month. 
He just hadn't told me. I think that this was probably the main leak that 
the freeholders were complaining about. I turned the water supply to this 
tank off, which stopped the leaks, but it has also deprived the flat of hot 
water and the cold water supply to the toilet.

So, the current position is: No hot water, no flush for the toilet (but they 
have a bucket and plenty of cold water!), no central heating. I offered him 
an electric fire, which he declined but has now said he wants.

I really need to know what my obligations are now? I am satisfied that the 
action I took was appropriate for the emergency situation I found. I am 
happy for the tenant to get whatever repair work done that he wishes and to 
deduct the cost from the rent he owes me - I told him this. My real question 
is whether I have an obligation to repair the hot water tank and boiler? If 
I don't do so, am I harrassing him? I suspect that the right repair is to 
completely change the hot water system and install a new combi boiler. I am 
reluctant to do this given the tenant's abuse of the central heating system, 
but I will do whatever I am required to do by law.  I have never been in 
this position before, so any advice would be gratefully received.

GB wrote:
> I really need to know what my obligations are now? I am satisfied that the 
> action I took was appropriate for the emergency situation I found. I am 
> happy for the tenant to get whatever repair work done that he wishes and to 
> deduct the cost from the rent he owes me - I told him this.

This is dangerous because it exposes you to an unlimited liability for 
whatever repairs the tenant wishes to incur, and may mean you cannot use 
his non-payment of rent as grounds for eviction.

> My real question 
> is whether I have an obligation to repair the hot water tank and boiler? If 
> I don't do so, am I harrassing him? 

He may well try and claim harassment which could weaken or nullify your 
ability to proceed with eviction, or increase any compensation if the 
court finds against you.

Your obligation (IANAL) is to maintain the flat in a safe and habitable 
condition. This includes toilets that flush (from a cistern, not a 
bucket) and an adequate hot water and central heating system. Without 
those, I think the flat could be deemed to be unfit for habitation by 
Environmental Health.

Longer term you should consider fitting a central heating system that is 
harder for tenants to abuse, eg by having only the programmer/roomstat 
accessible.

Owain

Owain wrote:
> GB wrote:
>> I really need to know what my obligations are now? I am satisfied
>> that the action I took was appropriate for the emergency situation I
>> found. I am happy for the tenant to get whatever repair work done
>> that he wishes and to deduct the cost from the rent he owes me - I
>> told him this.
>
> This is dangerous because it exposes you to an unlimited liability for
> whatever repairs the tenant wishes to incur, and may mean you cannot
> use his non-payment of rent as grounds for eviction.

I didn't quite put it like that. Not a blank cheque.


>
>> My real question
>> is whether I have an obligation to repair the hot water tank and
>> boiler? If I don't do so, am I harrassing him?
>
> He may well try and claim harassment which could weaken or nullify
> your ability to proceed with eviction, or increase any compensation
> if the court finds against you.
>
> Your obligation (IANAL) is to maintain the flat in a safe and
> habitable condition. This includes toilets that flush (from a
> cistern, not a bucket) and an adequate hot water and central heating
> system. Without those, I think the flat could be deemed to be unfit
> for habitation by Environmental Health.

I don't really think it's harrassment to stop a major leak. I'm happy to 
provide electric fan heaters.  I'm a bit grumpy about it in the 
circumstances, but I will get some plumbers to go and see what needs doing 
to the hot water thingy, but that depends on hearing first about the boiler. 
BG were meant to go round today, but he didn't let them in.

GB wrote:
>>> I am happy for the tenant to get whatever repair work done
>>> that he wishes and to deduct the cost from the rent he owes me - I
>>> told him this.
>> This is dangerous because it exposes you to an unlimited liability for
>> whatever repairs the tenant wishes to incur, and may mean you cannot
>> use his non-payment of rent as grounds for eviction.
> I didn't quite put it like that. Not a blank cheque.

If he's the sort of tenant to take advantage he'll take advantage. 
Especially if he's got a mate who's a plumber with whom he can share the 
inflated profits.

> I don't really think it's harrassment to stop a major leak. I'm happy to 
> provide electric fan heaters.  I'm a bit grumpy about it in the 
> circumstances, but I will get some plumbers to go and see what needs doing 
> to the hot water thingy, but that depends on hearing first about the boiler. 
> BG were meant to go round today, but he didn't let them in.

Not harassment to stop a major leak, no, but depending on the time to 
fix or whether you offered to decant the tenant to a hotel[1] or reduce 
the rent temporarily might be a factor.

If the tenant isn't allowing reasonable access for essential 
maintenance, they may be a different matte.r

IANAL

Owain





[1] This can be covered by some landlord insurance packages

I am not sure wether you can legally provide electric heaters unless they 
are screwed to the wall.  Something to do with the risk of tripping over 
wires or something.  Maybe electrical regulations.


"GB"  wrote in message >

>  I'm happy to
> provide electric fan heaters.  >
>
>
>

Owain wrote:
>
> Not harassment to stop a major leak, no, but depending on the time to
> fix or whether you offered to decant the tenant to a hotel[1] or
> reduce the rent temporarily might be a factor.

I'm happy to reduce the rent temporarily, as he isn't paying it anyway.

On 5 Oct, 14:45, "GB"  wrote:

>
> I really need to know what my obligations are now? I am satisfied that the
> action I took was appropriate for the emergency situation I found. I am
> happy for the tenant to get whatever repair work done that he wishes and to
> deduct the cost from the rent he owes me - I told him this. My real question
> is whether I have an obligation to repair the hot water tank and boiler? If
> I don't do so, am I harrassing him? I suspect that the right repair is to
> completely change the hot water system and install a new combi boiler. I am
> reluctant to do this given the tenant's abuse of the central heating system,
> but I will do whatever I am required to do by law.  I have never been in
> this position before, so any advice would be gratefully received.

You almost certainly do have an obligation to keep it in repair -
check out s.11 of the Landlord and Tenant 1985. You will need to
repair it anyway at some point so replacing it won't really put you
out since you will have to do this anyway.

Also you should be taking serious steps to remove the tenant. It
sounds like they may be in breach of the tenancy agreement on a number
of points, if it was well drawn, eg: not permitting your agents to
enter to do the gas safety check; and not informing you of the
disrepair to the boiler; and causing nuisance to other members of the
building. Obviously you'd need to check the agreement. There might
also be (should be if well drafted) something about permitted
occupation which again may have been breached. In all cases another s.
8 might be worthwhile - this is all supposing your existing
proceedings do not work (as they may not).

If its an assured shorthold tenancy I'd also consider serving a s.21
notice now.

If things get that bad again - there is always injunctive relief to
try.

Francis

fjmd1@yahoo.co.uk wrote:
> On 5 Oct, 14:45, "GB"  wrote:
>
>>
>> I really need to know what my obligations are now? I am satisfied
>> that the action I took was appropriate for the emergency situation I
>> found. I am happy for the tenant to get whatever repair work done
>> that he wishes and to deduct the cost from the rent he owes me - I
>> told him this. My real question is whether I have an obligation to
>> repair the hot water tank and boiler? If I don't do so, am I
>> harrassing him? I suspect that the right repair is to completely
>> change the hot water system and install a new combi boiler. I am
>> reluctant to do this given the tenant's abuse of the central heating
>> system, but I will do whatever I am required to do by law. I have
>> never been in this position before, so any advice would be
>> gratefully received.
>
> You almost certainly do have an obligation to keep it in repair -
> check out s.11 of the Landlord and Tenant 1985. You will need to
> repair it anyway at some point so replacing it won't really put you
> out since you will have to do this anyway.

My point is not whether I have an obligation under the lease to repair the 
boiler and hot water system. I accept that I do and the tenants are entitled 
to a reduction in the rent until I do. Big deal, really, as they are not 
paying it anyway.

On the other hand, I am very reluctant to spend money on the place whilst 
these tenants remain, but I don't want to be seen as harrassing them.


>
> Also you should be taking serious steps to remove the tenant. It
> sounds like they may be in breach of the tenancy agreement on a number
> of points, if it was well drawn, eg: not permitting your agents to
> enter to do the gas safety check; and not informing you of the
> disrepair to the boiler; and causing nuisance to other members of the
> building. Obviously you'd need to check the agreement. There might
> also be (should be if well drafted) something about permitted
> occupation which again may have been breached. In all cases another s.
> 8 might be worthwhile - this is all supposing your existing
> proceedings do not work (as they may not).

They are a long way behind on the rent. Wouldn't that be enough for a court 
order on its own?

>
> If its an assured shorthold tenancy I'd also consider serving a s.21
> notice now.

Will do.

On Mon,  6 Oct 2008 07:05:11 +0100, "GB" 
wrote:


>My point is not whether I have an obligation under the lease to repair the 
>boiler and hot water system. I accept that I do and the tenants are entitled 
>to a reduction in the rent until I do. Big deal, really, as they are not 
>paying it anyway.
>
>On the other hand, I am very reluctant to spend money on the place whilst 
>these tenants remain, but I don't want to be seen as harrassing them.
>


As a landlord I'm sure you're  a member of a professional organisation
and you'll have access to their legal advice directly. 
-- 
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