Tenant's rights to compensation

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    Tenant's rights to compensation

    Just a quick question will try to make brief:

    New AST signed in Oct, 6 months. 2 weeks ago the tenant reported the boiler was not working and in that time I (LL) have had an engineer in who recommended replacing. I have bought a brand new boiler and it is to be fitted on Weds, taking us to 3 weeks.

    The tenant is asking for compensation, however is also refusing to be present to allow the engineer access, so I as LL have arranged to take the day off and travel there to allow access to engineer.

    I was going to offer compensation for the discomfort of having no CH and Hot water.

    a) does the tenant have a legal right to compensation or is it a matter of LL goodlwill (nothing in AST to suggest we compensate tenants, but there is a clause for tenant to allow access with 24 hours notice)

    b) if compensation not a legal requirement but act of goodwill and the tenant is ensuring they will not be there to allow access, I want to mitigate the cost of hours lost and travel, taking those out of the compensation I was going to offer.

    Thoughts? Bad move on LL's part?

    #2
    The landlord is not obliged to give compensation.
    The landlord does not have to be present during the engineers visit.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Consider whether the tenant had some other means of heating water and keeping warm. If so I would not offer compensation, if not then possibly offer a token sum, you appear to have carried out your responsibilities rapidly, home owners would have had a like period before they got the work done.

      Compensation culture? It seems to be the first thing people think of.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Hi guys - thanks for the input

        Comment


          #5
          I'd say that it sounds like a bad start to a relationship.

          You dont have to offer compensation (as you have done all you could) but I agree that it would be a nice gesture of goodwill to do so and would win a few points. But for what? A tenant who demands compensation and treats you like this and refuses to be there for the engineer you are paying and he will benefit from? courtesy should be for those who appreciate it
          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

          Comment


            #6
            LLs shouldn't just expect that Ts can take a day off work (I know I can't. I have 50+ vulnerable adults depending on me turning up for work).

            Three weeks though is quite quick IMO so it would be no compensation above maybe a bottle of plonk.
            I'm a good tenant with great landlords
            I'm also a living, breathing, fully cooked female.

            Comment


              #7
              Originally posted by Brb View Post
              LLs shouldn't just expect that Ts can take a day off work (I know I can't. I have 50+ vulnerable adults depending on me turning up for work).
              There is no requirement for the tenant to take a day off work.
              Saying that, I know not of one person who works in the UK that can not take a day off work.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                I agree with the idea not to take it for granted that a tenant may be able to take a day off for such things but I guess the question was about what does constitute a right to compensation versus an act of goodwill so my question has been answered - and appreciate the replies! The suggestion of a bottle of plonk is a good one and I do feel that the best tenancies work on mutual co-operation and good will that does not extend to setting a compensation precedent. If that makes sense.

                Comment


                  #9
                  Originally posted by thesaint View Post
                  Saying that, I know not of one person who works in the UK that can not take a day off work.
                  Then you don't know a great variety of ppl nor worked for someone that won't let you take time off.

                  I'm currently trying to squeeze in my whole year's worth of holiday entitlement before the end of the year. Why ? because every single time I booked holiday I was then begged to work. New manager wants to cancel holiday for the rest of the year (meaning I wouldn't have had a single day off holiday) and just pay it instead.

                  In context to the thread though. My LLs live over 2 hours away and I wouldn't dream of putting them out just because I couldn't be in. I have plenty of options (drag my Mum over or a neighbour two doors down that is a great friend and usually about during the day).

                  Originally posted by Angela View Post
                  I agree with the idea not to take it for granted that a tenant may be able to take a day off for such things but I guess the question was about what does constitute a right to compensation versus an act of goodwill so my question has been answered - and appreciate the replies! The suggestion of a bottle of plonk is a good one and I do feel that the best tenancies work on mutual co-operation and good will that does not extend to setting a compensation precedent. If that makes sense.
                  No, no automatic right to compensation. Good will can go a long way though so a bottle of plonk at chrimble time* more than enough. You handled it all quickly enough. My rule of thumb to myself is what I would do if I was an owner occupier and facing the repairs myself, three weeks is quick.

                  *it will come across as a nice gift from their LL (blew me away when I got a welcome to your new home card from mine when I moved in *S*) and a chance to inspect that new boiler you paid for (good reason for inspection).
                  I'm a good tenant with great landlords
                  I'm also a living, breathing, fully cooked female.

                  Comment


                    #10
                    It's a depressing fact that many tradesmen/companies will not even agree to be given a key to a property on which they are contracted to work, even if the owner or the T is willing for them to be given one.

                    This means that someone has to be in attendance - which, given the tendency of many tradespeople/businesses not to turn up on the day they say they will, or to refuse to be more specific than 'between 8 am and 7 pm', makes for a lot of wasted time on the part of the householder.

                    Thesaint must know a lot of unemployed, self-employed or people in unimportant jobs, is all I can say. As a teacher, there was no way I could take a day off to let a gas engineer in. Perhaps all the people he knows are just letting agents like him who do nowt of importance anyway
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                      #11
                      There is no automatic entitlement to compensation. However, you are in breach of your repairing obligations whilst the boiler remains non-operational, and if the T claimed for damages in court it's likely the court would make an award, but certainly not a huge sum. I would probably offer approx 10% of the rent for the period.

                      You are not entitled to payment for arranging the repair/carrying out your legal obligations.

                      Incidentally, three weeks seems a long time to arrange a replacement boiler - unless there were complicating factors such as an initial repair which failed, etc.

                      Comment


                        #12
                        I think three weeks without hotwater and heating is far too long.

                        I would offer on the basis as Westminster says. I would also put the offer in writing - enclosing a cheque and also mention that, should any other repairs need doing, you would appreciate that if they could not personally be there, that they could get a friend or relative to be there.

                        And next time, if they do the same when a trades person needs to attend - I would issue an S21.

                        Comment


                          #13
                          Oh good, it's that time of year again, boiler repairs;

                          Westminster -
                          Incidentally, three weeks seems a long time to arrange a replacement boiler
                          And

                          Claymore -
                          I think three weeks without hotwater and heating is far too long.
                          How long do you think it would take for your average homeowner to arrange a plumber, have the diagnosis made, order a new boiler and then have it fitted- particularly if the homeowner refused to be present to allow the engineer access?

                          Comment


                            #14
                            Originally posted by boletus View Post
                            Oh good, it's that time of year again, boiler repairs;

                            Westminster -

                            And

                            Claymore -

                            How long do you think it would take for your average homeowner to arrange a plumber, have the diagnosis made, order a new boiler and then have it fitted- particularly if the homeowner refused to be present to allow the engineer access?
                            Exactly. T wasted a couple of days telling us, then the first engineer didn't turn up. When he did, his diagnosis was to get a new one. We obtained one within the day, and have a date for fitting. Heating engineers tend to be busy this time of year so relatively speaking its not ideal but we are legally obliged to fit it professionally and unfortunately engineers are not dropping out of trees like the leaves are. That said I understand the misery of broken boilers first hand myself, in the middle of a snowy January so I'm conscious of the urgency...

                            Comment


                              #15
                              My boiler packed up last weekend - no hot water. Diagnosis was done Tuesday, repair Thursday (and it could, equally, have been a replacement not a repair). If one of my Ts had reported a similar boiler problem on Monday, and couldn't be in, I'd have gone on Tuesday and Thursday to deal with it.

                              Comment

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