The issue of costs that are the responsibility of the tenant?

The issue of costs that are the responsibility of the tenant?

16:06 PM, 30th July 2019, About 5 years ago 50

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Recent legislation prohibits the applying of fees to tenants. Our AST clearly sets out the exact nature of the tenants responsibilities during their day to day occupation of the property. For example if a light bulb fails it is their contractual obligation to replace it, likewise If the sink blocks, they damage internal fittings etc.

Before this legislation we would send in one of our approved contractors, costs agreed and the tenant would be sent the bill. Our managing agents say this course of action is now illegal.

How are we to deal with the issue of costs that are the responsibility of the tenants as they have agreed and understood by signing the AST?

Would really appreciate your opinion and guidance.

Many thanks,

Kevin

 


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Comments

Ian Narbeth

15:45 PM, 31st July 2019, About 5 years ago

Reply to the comment left by at 31/07/2019 - 15:25
Not sure you can pass responsibility for smoke detectors to the tenants if they count as electrical wiring. See e.g. https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/repairs-what-are-your-options-if-you-are-a-social-housing-tenant/repairs-what-are-the-landlord-s-responsibilities/
Also if you are using battery operated alarms you are asking for trouble. Tenants will not replace the batteries and/or will take "their" batteries when they leave.

Lesley Thomas

15:48 PM, 31st July 2019, About 5 years ago

It sounds to me like there is a need for an overhaul of the terms of an AST to a) comply with the Tenants Fees ban, and b) provide for when and what the tenants is liable to pay for, via a tradesman. It needs to be spelt out to the tenant.

Beaver

15:54 PM, 31st July 2019, About 5 years ago

When I first let my property I paid for a full electrical installation condition report (EICR). The electrician advised me that to comply with the latest regs I had to have a mains-assisted heat/smoke detector in the kitchen and a mains assisted smoke detector in the hall. So these are mains assisted. There's an auxiliary battery but these don't have to be replaced often. I have two other places where there are gas appliances. In these locations I buy a CO monitor. CO monitors don't cost much and they are sealed, so you don't have to replace the battery. Because they don't cost much I buy units that last several years.

I don't have a big problem with maintaining CO/heat/smoke detectors. That link to citizens advice tells me that I am also responsible for repairs to plumbing. So that applies whether the tenant sticks cooking fat down the sink and blocks the sink, or sticks sanitary and other items down the drains and blocks the sewer. I feel less positive about that.

Lesley Thomas

16:39 PM, 31st July 2019, About 5 years ago

Reply to the comment left by Ian Narbeth at 31/07/2019 - 15:21
I have just completed this government consultation/survey. At least I have had my (for the record) say in this matter. I suggest all landlord members of this forum who are as angry as I am about the abolition of s.21 do the same - before private landlords become an extinct species. https://www.gov.uk/government/consultations/a-new-deal-for-renting-resetting-the-balance-of-rights-and-responsibilities-between-landlords-and-tenants

Beaver

18:03 PM, 31st July 2019, About 5 years ago

Reply to the comment left by Lesley Thomas at 31/07/2019 - 16:39
I also completed it. What the consultation says is that they intend to strengthen our rights to get our properties back if for example we need to let family members live in them. The consultation document also talks about us getting our properties back more easily when we have to go to court if tenants don't pay etc. In practice, the devil is in the detail and if they don't get this right then a lot of us are going to have to remove our existing tenants whilst we can still use section 21.

I would urge all landlords to respond to it and give the consultation the benefit of their experience.

Helen Morley

18:34 PM, 31st July 2019, About 5 years ago

Having just scanned the 75 page document, I see no mention of (and tongue is firmly in cheek here) government liaison with mortgage lenders so that there is no need for the issue of fresh mortgage contracts which exclude the words 'assured shorthold tenancy'. The alteration of mortgages alone is a reason for an implementation period of significantly longer than six month from Royal Assent! Nightmare for anyone with a mortgage, let alone those of you several/many of them.

Rob Crawford

19:02 PM, 31st July 2019, About 5 years ago

Reply to the comment left by Lesley Thomas at 31/07/2019 - 15:48
New AST's need to be aligned to the new tenant fee act. And this relates to fees and a max deposit of 5 weeks (as calculated in the act).

Helen Morley

19:28 PM, 31st July 2019, About 5 years ago

And, in addition to mortgage contracts ( and sorry to stay off topic), most leases in England will need to be altered (and who pays for that enormous task?), all template documentation Inc tenancy agreements, guidance notes etc issued by landlords and agents ( who pays for that?). Yikes!

TheMaluka

9:48 AM, 1st August 2019, About 5 years ago

Reply to the comment left by JJ at 31/07/2019 - 14:15
I do not rip anything out. The first tenant usually ruins whatever equipment is supplied and I do not replace it when the tenant leaves. Often the damage is deliberate, revenge because I have the audacity to ask for the rent to be paid.

Monty Bodkin

9:52 AM, 1st August 2019, About 5 years ago

Reply to the comment left by Ian Narbeth at 31/07/2019 - 11:49
The OP said he supplied the washing machine. As such he has assumed responsibility for repairing and maintaining it. If it breaks down the starting point is that the landlord is responsible.

Sorry Ian, that is just your assumption.

Not saying it is an unreasonable assumption and an argument could be made such as SOGA etc but it has never been proved in court over many years (and you can bet the likes of Shelter and anti-landlord councils would have tried).

But it is not a landlords repair obligation.

(I note in the TFA guidance notes they make the same assumption but that has yet to be tested and it doesn't apply to existing tenancies.)

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