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Repairs to bathroom - can I ask tenants move out?

Started by susieq, March 12, 2019, 11:18:53 AM

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susieq



First Post - Please be gentle with me guys.

One of our properties has suffered from recurring a leaking shower over bath.
When we bought it a couple of years ago the underbath area was dry as a bone but with signs of a historical leak that had been fixed ( so said the vendors!) - lesson learned.
After tenants moved in it started to leak so we installed a narrow shower screen to seal off the corner where the shower curtain bunches up, which seemed to sort it. Since then we have knocked off and retiled the lower half of the bath head wall and regrouted/resealed the joins. Now its leaked into the kitchen below again and the scene under the bath ( behind the panel) is grim and mouldy. I suspect the chipboard flooring is rotting and we need to rip the Bath out, tiles off, replace floor and redo the whole lot. 
Our tenant has previously allowed us to sort issues while on they are on holiday but they are not planning to go away this summer. She has offered to move in with family around the corner while it is done ( for a week) as I think we should replace also the loo and sink and upgrade the whole bathroom while we are at it.
My question is.... Might she ask for a rent reduction is they are not living there?  My feeling is that we are upgrading facilities as well as repairing a niggling leak, so she wouldnt be entitled to ask. We could otherwise just do the bath/shower replacement but as the bathroom is so small it will actually be easier for access on floor replacement if we can remove and refit the loo too.

They are good tenants who pay on time and keep the house pretty spotless so happy to upgrade bathroom as I know they will take good care of it , once installed.

Thanks in advance for any thoughts.

TheLettingsAdvisor

If the tenant is willing to stay with family whilst you replace the bathroom, then personally I would offer to allow the rent grace as they are unable to reside in the property.
Depending on your insurance you could contact them to see if they are able to cover the cost.
Hope this helps.

Hippogriff

Quote from: susieq on March 12, 2019, 11:18:53 AMMy feeling is that we are upgrading facilities as well as repairing a niggling leak, so she wouldnt be entitled to ask.

She isn't asking for the upgrade. You're doing it as a convenience to yourself, as part of repairs you are obliged to do. She shouldn't need to ask for a reduction - you should be heading-off that potential request at the pass and consider providing an incentive while she willingly gets out from under the feet of your trades. Sometimes people do lack perspective... I fear this is what's happening to you here.

You are changing the facts of the situation to suit what you'd like them to be. It's not naughty, it's just tempting. If you asked the Tenant to leave then you would need to provide alternative accommodation (like via Insurance mentioned)... so it seems, to me, that you have a very accommodating Tenant... make them an offer of no rent due for the week... of course. And think back to how lucky you've been in the past when she's just let you go in and do stuff while they've been away... many would not do that.

Perspective... don't give us Landlords a bad name, get in first with a generous offer, feel good about it, get it sorted ASAP, move on... job done.

Hippogriff

Oh, and please don't do the 'upgrade' and then suggest a rent increase because of the upgrade (that was never asked for) upon her return.  ;D

heavykarma

I agree with Hippogriff,you should of course waive the rent for that period.It will work out much cheaper than paying for a hotel if she insisted on that.Repairing the leak is your responsibility.and the other work is your choice.A good tenant who pays rent on time is to be treasured.

theangrylandlord

You seem to be a newish Landlord?
Heed the advice above - a tenant that not only pays but allows you access when on holiday??!? OMG bend over backwards and buy them flowers when they come back to the house after you’ve repaired the place.

Maybe also check your Tenancy agreement.  Clauses such as the one below (taken from the gov AST draft) are quite common and many folks that didn’t draft their own agreement dont even know they have it in their agreement.

“4.3 Where the Property is uninhabitable because of damage caused to the Property by an insured risk then, unless the damage was caused by the Tenant’s negligence or failure to comply with the Tenant’s obligations under this agreement, the Tenant shall not be required to pay rent until the Property is fit for occupation and use.”

Simon Saidi

Quote from: theangrylandlord on March 15, 2019, 07:15:33 AM
You seem to be a newish Landlord?
Heed the advice above - a tenant that not only pays but allows you access when on holiday??!? OMG bend over backwards and buy them flowers when they come back to the house after you've repaired the place.

Maybe also check your Tenancy agreement.  Clauses such as the one below (taken from the gov AST draft) are quite common and many folks that didn't draft their own agreement dont even know they have it in their agreement.

"4.3 Where the Property is uninhabitable because of damage caused to the Property by an insured risk then, unless the damage was caused by the Tenant's negligence or failure to comply with the Tenant's obligations under this agreement, the Tenant shall not be required to pay rent until the Property is fit for occupation and use."


Yes, correct I've seen that clause in two of my AST agreements.