UK Landlord Forum / Life

Grateful if anyone can assist? I've been renting out my property = being responsible and effecting repairs as required.  New tenants as of December 2013 [house fully redecorated etc. before they moved in] on a 12month's AST.  The CH boiler broke down and the letting agency called out a contractor the day after it was reported by the tenants. On Day 3 I rec'd quote for repair - expensive - and said as boiler was old that I would instead be considering installing a new boiler which would have a parts/labour warranty service - so if it broke down again in future - tenants could use the call out service so as to have speedy repair. Tenants then said they would not be available to allow access for contractors to quote until Day 7 yet they wanted the boiler repaired a.s.a.p. Managed to get contractors to property to quote on Day 4 & arranged for chosen contractor to replace boiler on Day 7 in line with tenants' stated first available date!
Tenants have now decided to give notice on the grounds that I have broken the tenancy agreement [they have not stipulated which section] and have given one month's notice -with 8 months still to run on the tenancy!
I maintain that having a new Energy Efficient A boiler installed [so cheaper fuel bills] together with a call out service - all within 7 days constitutes reasonable effort by myself.  When my own boiler broke down it took us a week to get quotes in and have it replaced.  The tenants had access to alternative heating at the property and an electric shower so weren't totally without heating and hot water.  Inconvenient I know - but out of my control and I maintain I acted as promptly as I could.
Where do I stand? Tenants seem to think they could take legal proceedings against me!!!
I have done some research but can't see what constitutes 'reasonable' in terms of effecting repairs.
Thanks for any assistance.

There is no definition of reasonable.
You have acted it though.
They want to move and are using it as an excuse.
You mention an Agent, get them to work.
Speak to them, find a tenant, move them in when these move out, it's work but its better than a void.
Explain to current tenant that you do not agree, that 12 months is what they signed up for but you are willing to find new tenants, and when you do they can move out.

Thats what I would do.

Thank you for your response.  It's difficult managing this sort of thing when I live a distance away from the property - hence I have a fully managed service but still seem to spend an awful lot of time sorting things out - arranging for contractors to give quotes. I think the tenants have probably moved jobs and need to move properties and are using this 'delay' as an excuse.  It's very disheartening...it just seems to me that the landlord never wins. The last tenants I had trashed the property and the repairs weren't covered by the deposit so I had a lot of expenditure before I could re-let and the previous letting agents appeared scared of the tenants. 
Thanks

Firstly, if taken as a good record of events, you have acted in an excellent manner and have done your utmost to resolve the issue with the boiler. Things happen - no-one can expect them to not - and getting plumbers and repairs done, in the timely manner indicated, implies the Tenants are being unreasonable... hiding behind a generic "broken the tenancy agreement" is most likely just an excuse.

Unreasonable on your part would be something like an absolute refusal to do anything at all, or constant stalling or excuses over a long period of time, not hours or days - nothing here counts as unreasonable - these Tenants would probably like you to wipe their arses as well. It'd be good to see them get a boiler replaced in such a time, but I bet they'd not know where to start the process.

The fact appears to be that they want to leave. If they were to remain and continue to behave as they are currently doing, then maybe you are better off without them. However, they should not be allowed to just up-and-leave without compensating you for your loss and they certainly would get nowhere with proceedings against you.

I would relax about the threat of proceedings - do not worry about it.

I would seriously consider what would be good for you to get them out of your hair. Don't try the "you've signed-up for x months are you are liable for x months of rent" line, because the OFT doesn't like that one bit and it's kinda seen as an unfair term and condition. However, a Landlord is definitely not expected to let Tenants just move out on a whim without getting any kind of compensation. The Tenants can even propose alternative Tenants for you (if you wanted that).

I think I would be writing to the Tenants quite harshly - replaying the timeline and assuring them you're under no impression there is a case to answer, you refute any - as yet unspecified - breach of the agreement and you don't believe they have a case, nor will they start any type of proceedings. You understand they want to leave and you would be happy to leave - but they remain liable for rent until you manage to re-let (which you will try very hard to do) or you could come to some arrangement that both parties are happy with. All of this is assuming the reality is as you've described, of course. 

To me, it seems like I'd be happy to see them go... on the basis of what's been described. You now have an energy efficient newly installed, covered, boiler in the property - a nice selling point to potential future Tenants? Let them go to find better, they'll likely never be satisfied... just ensure you give them an honest reference so the next sucker Landlord goes into it - with them - with their eyes open.

Then, if you must still use an Agent due to geography, I'd probably be sacking this timid and lazy one and be looking for another.

Dear Hippogriff
Many thanks for your full response. Yes everything is absolutely as I describe.  Since they moved in there has been a lot of improvements made to a property that was already fully lettable [including new front door rather than repair, etc. etc. that sort of thing]  - so I do feel a tad aggrieved. I'm a reluctant landlord as the name suggests - and the home i grew up in is now in far better condition than ever it was when we all lived there and although I did make many improvements for my parents whilst they were still alive it is just galling that the tenants are now abusing it and treating it so badly [the last tenants put knife marks into the new worktops but as they'd already caused loads of other damage that the deposit didn't cover - I was once again suffering a loss. It's good that tenants have much better protection than previously but I rather think the pendulum has swung the other way - when I rented I lived in many dives - with the gas cooker/fire being condemned by the gas board and being left without any heating/water for about two weeks [this was many years ago - pre-internet/email and instant contact] so I always go out of my way to treat the tenants well - even left a bottle of wine in the fridge for the first tenants and flowers....yes of course they trashed the place and I lost my deposit, I thought the credit references was supposed to mean I would get decent people? Anyway - that's enough of my woes.

So yes - it's all above board - thanks so much for your response and help - much appreciated - it's all just a big worry as it's so far away.
Thanks again

The advice I give myself, repeatedly, is to remember this is a business and to treat it as such.

There can be many galling things that happen and people can be really unreasonable. Maybe I will make you feel better with this little story of mine - on Thursday my Tenants told me the washing machine had conked-out, tripped out the house, and when they turned it back on it wouldn't work, also the dishwasher was now leaking and the fridge part of the fridge freezer wasn't cold. Effectively, in two emails on the same evening they told me 3 appliances were broken. I said I would like to look at them as soon as possible and asked if I could go around with a workman on Friday - they said that I could, but it would have to be after 13:00. I then received an email at 06:30 on Friday morning saying it's very important that I sort out the fridge and washing machine that day. I replied saying - you've only agreed to let me investigate after 13:00 and we haven't got a clue what the problem even is, so this expectation is unrealistic.

Sometimes I think they reckon I've got a John Lewis van full of stuff just parked at the end of the road, waiting for their issues. In the years I lived at the same property I never had a single appliance conk out on me (just my good luck, I guess).

This morning I spent a cool £740 on a new washing machine and new fridge freezer. I told them this (not the amount). They asked me whether I could get them delivered tomorrow (Sunday) and I said that it would have to be Monday - but in the morning, before midday. They aren't ecstatic about this delay. I await their next email which may, or may not, have something in it that will frustrate me further.

There are people out there that you just end up shaking your head about. Let's just hope we make a bit of profit at the end of the day.

I also had a good read of the Landlord and Tenant Act 1985, Section 11, which makes for interesting reading... not relevant to your situation re. boiler, but interesting nevertheless.