UK Landlord Forum / Life

Just wondering if anyone can offer advice - I have a lovely ground floor flat that I own, however a large sewer runs under it and I've had a number of issues with rats under the flat - I've lost one tenant already and the new ones are starting to get worried.  None have got into the flat but they can hear them running around.  I have had the ratmen out and they say it looks like a drain under the flat is breached.

two questions - would this be the councils responsibility to sort or the freeholder?

The new tenants are threatening with cancelling their tenancy agreement.  Can they do this?

Peoples advice would be appreciated

i would speek to the enviromental health. they have a legal right to help sort this. if the tenants are being bad tenats you can register them at www.uklandlordregistry.co.uk

try to seek advices from accredited firms regarding that problem, there are a lot of services offering pests removal

If the main drains are breached the freeholder is responsible, make sure he is informed of the problem. I have known of leaseholders who having failed to get freeholder to carry out repairs, so as its been urgent and having warned him of their intention, have paid for the work to be done and have sent the bill to the freeholder, withholding ground rents and maintenance charges up to the cost of the bill but this should be a last resort or suing freeholder through small claims court (up to £5000).
However, the freeholder might be able to reclaim the cost of works equally from each of the leaseholders so you could end up paying something.
The tenants have every right to cancel their tenancy in these circumstances but must give a minimum of one calender months notice. If you want to keep them, offer them a rent reduction for their inconvenience and give them a copy of correspondence so they know you are doing something about it.

The actual work is probably not difficult, I had a broken main drain in one of my properties. The drain specialists put a camera down to find the problem. Although the break was hard to get at they managed to clear the obstruction and insert an inner lining all without digging up a thing!