Boiler breakdown leads to unpaid rent

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    #1

    Boiler breakdown leads to unpaid rent

    Hi guys,

    I'm hoping our T doesn't have leg to stand on, but they're refusing to pay the full months rent this month (£300) as they were without heating for a period due to a brokern boiler.

    After the boiler broke down I authorized (through my letting agency) for a plumper to visit and repair it. He visited on a Friday but had to order a spare part which wouldn't arrive until the following week, after which he came out and fitted it (not sure how long into that week it was though). In the meantime I authorized the purchase of electic heaters so they could heat the house for the period without the boiler.

    In my eyes I did all that was reasonably possible to get the boiler back up and running, and the breakdown was just one of those things that happens. In fact it cost me £320 to fix (plus the electric heaters).

    I'm within my rights to demand full payment surely? If not gained though, would I be able to take the money from T's deposit? It is held in a secure scheme.

    Thanks
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    #2
    You acted reasonably, on the face of it, so T has no real grouse against you.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment

      #3
      Originally posted by sulksy View Post

      I'm within my rights to demand full payment surely? If not gained though, would I be able to take the money from T's deposit?
      Yes, if the contract allows rent arrears to be taken from the deposit. I agree with Jeffrey that you have acted reasonably, paid for temporary heaters, organized the repair as soon as practicably possible; so I don't think the T has a case to claim a rent reduction.

      Comment

        #4
        Sounds to me as though a S21 notice is required!

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment

          #5
          Thanks for the help guys.

          Been advised by the letting agancy that in cases where T has been without heating of hotwater for a period, they usually recommend discounting them £19 per day for the inconvenience. In this case that totals £78, way less than they decided themselves not to pay.

          Can't say i'm particularly happy with this either, but provided they now pay the correct amount I guess I can stomach the £78 loss!

          Comment

            #6
            4 x 19 = 76.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment

              #7
              It was £78.something and couldn't be bothered to work it exactly. Thanks though

              Comment

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