Access for leak -problem tenant

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    Access for leak -problem tenant

    Hi I'm a fairly new landlord. The tenant inform me of a leak. I have had 2 plumbers out to look who said it was different things and have now decided to go through my insurance. The tenant is complaining about it being sorted but has denied access to the property for the contractors. He has phoned me on several occasions getting more aggressive each time and has threatened me with legal action. Any advice please. Thanks in advance.

    #2
    If you let us know the

    exact timescale
    what the leak is doing

    We will be able to advise.
    Why do you think it an insurance issue if it is an uncorrected leak presumably causing ongoing damage?

    Comment


      #3
      Beware. This sounds like a ruse to thwart an s21/s8 notice. Were you considering giving notice for any reason?

      Comment


        #4
        If T is denying access after due 24hr Notice, how come 2 plumbers were able to assess the problem

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          #5
          Can you explain a bit more about how he's denying access:

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            #6
            Access was gained by the two plumbers when the tenant was being ok. On the Friday tenant was informed going through insurance and appointment had been made for Wednesday, on Monday they phoned me being very abusive saying not good enough insurance agreed to come out Tuesday, tenant was informed the appointment could be brought forward as he had requested, on Tuesday he went out and refused us entry and had left a dog in the property not to enter. The leak looks like its ongoing inside a wall causing a pool of water on the floor. Tenant says the property is uninhabitable and I'm breaking health and safety and he was handing in notice not paying any rent and going to see a solicitor. We then reattended on weds and was advised by contractor it would take a full day as the wall needs to be taken apart he would come Tuesday to do this. On Tuesday the tenant had given me permission to enter the property while he was out. When I attended to give access it wasn't the contractor but loss adjuster that attended insurance didn't give go ahead for work to start. They did confirm it can go ahead and start the next day. Tenant phoned me kicking off when I tried explaining he shouted over me then put the phone down. I then received a text saying I'm moving goal posts he's handing his notice in writing his solicitors told him not to pay rent I've made him homeless. Also what's he supposed to do with dog with1 days notice. I don't think access is going to be given today when we attend ... watch this space

            Comment


              #7
              Guy sounds like a nightmare. If he offers to leave for good, I'd accept.

              BTW, did you say he could keep a dog?

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                #8
                There's no possible way a solicitor would advise a tenant not to pay rent.
                He's talking nonsense.

                I'd just keep going - the tenant wants the problem fixed as much as you do.
                But sounds like a nutter, so I'd serve notice as soon as you can (or accept his notice).
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  If I understand your story correctly:

                  Explain to tenant in writing that he is obliged to provide immediate access as and when required over the next week to correct an urgent problem, and to prevent ongoing damage to the property. Point him to relevant terms in his tenancy agreement. You are providing him with such notice, and will arrange for workmen to enter on all of Mon Tue Wed Thur Fri Sat and Sun as required. If he prevents such access you will be taking legal action against him in respect of consequential damage to the property.

                  However you need to do your side -- which means repairing and breaking down wall -- not asking him to attend for an endless cycle of loss adjusters. Depending on the nature of the work involved, you should offer to put him up in a hotel for the week.

                  Why on earth are you and the insurers messing around with an ongoing leak??? Get a proper decent plumber/builder, get cracking and be prepared to pay.

                  Comment


                    #10
                    Were you requiring tenant to be there to let plumbers in? If so that could be your problem...
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment

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