Draughty Windows – Landlord SOS

Draughty Windows – Landlord SOS

16:00 PM, 15th February 2013, About 11 years ago 54

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Draughty Windows - Landlord SOSMy tenant has complained about draughty windows and vents. I put draught seal on the windows but there wasn’t anything I could do about the vents as they are there to prevent damp etc.

My tenant has now got back to the letting agent informing them that the windows are still draughty and that she is holding back the rent.

I have checked the energy performance certificate and it states the windows are efficient, giving an over all grade C for energy efficiency for the property.

My letting agent has now informed me that even though the windows are suitable on the EPC there is no detail if the fixtures and fittings which the double glazing windows come under and that the tenant is within her rights not to pay.

This is the second winter my tenant has been in the property.

I had no complaints from her last year about the house being cold.

The tenant has stated she spends £10 per day on heating but pays a meter so there is no proof.

We both arranged for an energy efficiency care company to come into the flat and give her advise on saving energy and to make any insulations necessary.

The tenant was sent a letter to organise a visit from them but she has not contacted them.

Can you please advise, I have had problems with tenants not paying rent before (due to money issues) and its a nightmare.

Many thanks

Leigh


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Comments

11:54 AM, 16th February 2013, About 11 years ago

hi tommy, thanks for your advice. On the epc it states the windows are average but my agent is saying the double glazing goes under fixtures and fitting not the actual windows section. It doesnt rate the F&F on the epc therefore they have not been graded even though the property as a hole has been graded a C. Can this be right surely the property cant be graded without including the DG, its the reason people get DG is to keep the heat in and the noise out. I have asked if there is some kind of check I can get done to prove there is nothing wrong with the windows, Im still waiting for them to get back to me.

I was wondering if anyone can tell me the difference between windows and double glazing. Double glazing does come under F&F which Im surprised at. Does it mean when i finally do sell the property I am actually entitled to take the double glazing with me lol. Terrible. Thanks

11:59 AM, 16th February 2013, About 11 years ago

Hi there, thanks for your reply. So are saying that the tenant cant withhold the full rent due to one problem? My agent should know this, this is not good. Thanks again

Mary Latham

12:08 PM, 16th February 2013, About 11 years ago

While I agree with what has been said so far, particularly the fact that the tenant is probably using this as an excuse because she cannot pay the rent BUT. I once had a problem with double glazed windows because they had not been sealed properly between the walls and the frame and there was indeed a draught coming in. I called in a contractor to reseal them and it cost very little and got rid of the problem. While the contractor was there he removed the covers of the trickle vents and he found that too many holes had been drilled in the frame underneath and this too was causing a draught. He filled some of the holes with mastic and replaced the trickle vent cover.

The tenant should not be withholding rent but I always assume that I am being told the truth and cover my back by investigating and recording that I have done so, particularly with a tenant who has been in the property for some time as this one has. If my investigations tell me that the tenant is right I take action and thank the tenant, usually with a bottle of wine or some choccies, if it is found that the tenant is wrong I have evidence that I have taken action to resolve the problem.

If it turns out that there is a draught this will cause problems in the future - better safe than S21, on-going complaints and voids in my opinion.

One last thought the fashion for curtains now is for simple, lightweight drapes rather than the heavy, lined and voluminous drapes of the recent past - this can make a big difference to cold spots around windows
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12:34 PM, 16th February 2013, About 11 years ago

Thank you , your post is helpful. I did seal the windows but the agency got another contractor up as the tenant said the house was still cold. I got back to them saying I was not willing toto double seal them. I then gave it thought and changed my mind as I wanted to avoid ill feeling and the property can get cold. Before I could get back the agency contacted me saying the tenant is withholding her rent and is in her right to do so. Ive told them to go ahead the the extra seal which is costing over £100, but have informed them that I dont believe there is a problem. They havent given me any choice, I need the rent to come in. I did suggest the curtains and arranged for an Energy efficiency company to access the flat and install any insulation that she needs. The tenant has not contacted them for an arranged time for a visit. I was told there is nothing that can be done about the vents which I believe is the problem not the windows. I will ask around about if there is anything I can do about the vents.thank you.

13:11 PM, 16th February 2013, About 11 years ago

Time for you to get out of the property business Leigh

Mary Latham

13:19 PM, 16th February 2013, About 11 years ago

Leigh, you Agent is not giving you the customer service that you are paying for. I did not know that the vents are just a series of holes drilled into the frame and covered by a shield. If you remove that shield you can use mastic as my contractor did to fill some of those holes which leaves some ventilation but stops the draft. If there ever happens to me again I will do it myself from the inside as the contractor did.

Have you spoken to the tenant and gone around to check for yourself? A draught is very easy to check at this time of the year?

I am sure that Mark Alexander will post the link to Mike Wakefield, which is on this site somewhere. He has another pot of funds to provide FREE external wall insulation, boilers etc from the ECO funding and this will make a huge difference to your property.
If your EPC is below E all tenants will be able to insist that we carry out works through the Green Deal by 2016 but if we get in quickly while there is funding we can do this without a Green Deal loan because there is so much money still floating around and landlords do not realise. It is also worth searching the web sites of all the main energy providers because many of them are offering free measures to landlords now and we do not need tenants on benefits to gain access to them
I am sorry that you are in what I call a landlord sandwich - between a poor letting agent and a difficult tenant. In my experience it is often easier to remove the one that we are paying than it is to remove the one who is paying us.
Good luck
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13:26 PM, 16th February 2013, About 11 years ago

This is all new to me, I just need advice thanks.

15:38 PM, 16th February 2013, About 11 years ago

Hi Mary, thanks again. Yes I did a check but couldnt feel any draughts however the wall vents are in every room and I believe this is what is causing the draught. The tenant has put sticky tape on the window, when I took this off I couldnt feel any draught. I went and got some window seal tape anyway as it wasnt a windy day so maybe the draught wasnt coming through due to this. The seal tape wasnt expensive so I didnt have any problems getting this done to keep the tenant happy. We both arranged for an energy efficiency company to come to the property but the tenant has not got back to them to arrange a date for an inspection. My EPC grades the property C which is good. Under windows, it states they are double glazed and are average, surely this is evidence that there is nothing wrong with the windows. I am not the contcountry at the moment, this is why im in a bit of a panic.Thanks again

15:49 PM, 16th February 2013, About 11 years ago

Hi Mark, if the agency says the tenant is in her right not to pay the rent due to draughty windows and I disagree as the EPC states that the windows double glazing is average what options do I have regarding the issue? I dont think there is anything wrong with the windows, how can I prove this? Should my property manager be inspecting this? I'm not in the country at the moment, so hence the stress. many thanks.

Paul W

16:44 PM, 16th February 2013, About 11 years ago

As Industry Observer said - get rid of agent and evict tenant. IF you were really not fulfilling your repairing obligations AND the tenant had no choice but to carry out the repairs him/herself, THEN he/she would have just cause to withhold sums that had been spent. However, this right of 'set off'' against rent is often abused and used as an excuse to get out of paying.

Also, don't just take your agent's word on these issues unless they are RICS or ARLA qualified. Too many unqualified agents (although not all) are not sufficiently knowledgeable about all areas of the law relating to residential lettings.

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