Repairs required before ending tenancy agreement?

by Readers Question

6:55 AM, 9th June 2016
About 3 years ago

Repairs required before ending tenancy agreement?

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Repairs required before ending tenancy agreement?

I am ending my Tenancy in a few weeks after giving notice. I have received a letter from the Landlord stating what repairs are required. ie. Electrical check, Cleaning / Painting etc to be completed before the tenancy ends at the end of the month. quiet enjoyment

However, I have received an email today demanding the Electrical check be carried out NOW before he will approve any repairs.

My Tenancy ends at the end of June and I have an Electrician booked for next week.

Does the Landlord have the right to withhold repair authorisation just to try and delay the end date to get more rent?

Any advice would be greatly appreciated.

Dave



Comments

Neil Patterson

6:58 AM, 9th June 2016
About 3 years ago

Hi Dave,

During the entire term of your tenancy you have the "right to quiet enjoyment" of your home.

Repairs will have no effect on the end date and if during your tenancy should be carried out with your agreement at a convenient time to you.

LondonProperty1 L

7:41 AM, 9th June 2016
About 3 years ago

Hi Dave,

I am not sure whether I understand you correctly, but you seem to be linking the end date of the tenancy to the repairs scheduled?

I don't think this makes any sense. The landlord cannot just state a new rule "before you move out X repairs have to be carried out", which you read "you cannot move out until those repairs are carried out".

It is landlord's choice to select the date for repairs, and it is at YOUR discretion to agree to those repairs during your tenancy (as Neil noted above).

So, to answer what I think is your question - "no, the landlord cannot indefinitely delay the repairs after saying that X repairs have to be completed before you move out". And certainly he cannot just charge you rent after you provided a valid notice for moving out (written, dated, etc - as per your contract).

Gilly

8:23 AM, 9th June 2016
About 3 years ago

I don't quite understand what electrical check he is asking for. The landlord is normally responsible for the check to be done, as he will retain the certificate (every five years I think it is) so have you been there that long? If you have it done presumably you can keep the certificate!

The cleaning, painting and any actual repairs for damage are your responsibility which you can do in your own time before you leave - you don't need "authorisation" for that from anyone.

I am always amazed if a tenant paints before leaving - they rarely do, but most of the time I wish they wouldn't, as I like a professional finish.

Paul Franklin

9:51 AM, 9th June 2016
About 3 years ago

If you have given the landlord a valid notice to quit, in writing, giving at least 4 weeks notice and ending at the end of a rent period etc, then this will end the tenancy if you leave at the end of it. If the landlord says that the tenancy has not ended because xyz repairs have not been completed that is not correct. If there are repair/damage problems that are the tenant's responsibility this may be something the landlord will want to try to claim from your deposit but that is a separate issue to the tenancy ending.

matchmade

15:00 PM, 9th June 2016
About 3 years ago

I also have no idea why the landlord is demanding that you organise and pay for an electrical check. Are you sure this is in your contract? Normally the landlord is responsible for having an electrical check done every five years on a property, as part of demonstrating he or she is letting a safe property. I've never heard of a landlord expecting a *tenant* to pay for such a check, especially at the end of each and every tenancy. Check your contract and push back: I see no reason why the landlord feels he can demand these repairs, or insist that an electrical check must be done before you start any repairs caused by your own neglectful actions.

It's also unusual to expect a tenant to undertake painting. If you have damaged the property so that it needs repainting in the odd location, that's fine, but a logical approach would be to reach an agreement with the landlord on an appropriate cost, which he would organise after you move out, as part of a programme of planned maintenance. Otherwise there can be all sorts of disputes: the landlord might feel you've done a poor-quality painting job, for example, or that the colour doesn't match. The same arguments can arise over cleaning too, with each party having different notions of what "clean" means.

Finally, have you accepted that these repairs are legitimate? Some damage is inevitable in any tenancy, and landlords are obliged to accept "fair wear and tear". They can only charge your deposit, or ask you to make a repair, if the damage is unfair. For example, unfair, unreasonable damage might be that a child has scribbled all over a wall; or a guest has left a mug burn on a piece of wooden furniture or dropped a cigarette on the carpet; or you had a fight with someone and punched a hole in the wall or something like that. The landlord *cannot* use damage, whether fair wear and tear or unfair, as an excuse to redecorate the whole property at your expense; if you feel he is trying it on, you can appeal against any deduction from your deposit.

Ian Ringrose

16:19 PM, 9th June 2016
About 3 years ago

Is this a lease rather then a tenancy?
Is this something like a shop rather then a home?

Pete Smith

10:43 AM, 10th June 2016
About 3 years ago

Hoorah for Ian,
5 comments in before someone asks probably the most important question - is it an AST ? is it even a residential property ?
Come on people - stop jumping on bandwagons and get the basics right before continuing as barrack room lawyers.

Paul Franklin

10:57 AM, 10th June 2016
About 3 years ago

Yes hoorah Ian, well done. We are assuming he's on to something of course.

I think 'Dave' needs to take the majority of responsibility here though for any confusion caused. Not least because of the lack of a reply to any of the responses. As well as his poorly explained question.


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