Appliances
& Utilities
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Cooker
confusion
I
work for a residential letting company and I am being told
that it is a legal requirement for a landlord to fit a cooker
for prospective tenants. Is this true? I am being told it
is within the housing Act but I would be here for days trying
to find one sentence! Please Help!
Strangely enough,
I have heard this before, but without any backing from law.
How can an unfurnished tenancy have a cooker in it? If you
are letting a furnished tenancy, then yes, you must provide
a cooker, but if letting unfurnished, I cannot see how the
law could force you to provide one. It is good practice to
provide one, as it is an expensive item that a tenant may
have difficulty in providing, but that means you have to be
responsible to keep it going. I have spent some time checking
my housing manual and also the act, and cannot find any requirement.
If I hear of anything, I will update the column.
Cooker
has failed
When I let out my flat there was an old
cooker which has now failed. I repaired it before as a goodwill
gesture but can't afford to renew it. My letting agent says
it wasn't on the inventory, which may mean it’s not part
of the tenancy. The tenant says I have to renew it. What are
your thoughts?
I
am sorry, but I am with the tenant on this one. If a cooker
was part of the tenancy, i.e part of the reason the tenant
accepted the tenancy, you have a duty to either repair or
replace. I would not like to use as an argument in Court that
it was not noted on the inventory – I think this would
be seen as a simple error, particularly as you had previously
acknowledged it was part of the tenancy by having it repaired.
It is an unhappy truth – landlords cannot say they cannot
afford it. It would have been better, under the circumstances,
to tell the tenant before the tenancy started, that you intended
to dispose of it. If he wanted it, he could sign a disclaimer,
which states the cooker is now his responsibility. Sorry!
Landlord
gas certificate
I
am letting my apartment out to two people. Do I have to issue
each of them with a copy of the Landlord’s Gas Certificate?
Do I keep the original and just give them copies?
I believe that it is good practice to get an eletrical certificate
– what should I check for when I phone around for quotes
to have this done? Is there a particular organisation that
the electrician should belong to?
For the cost of
an extra copy, let them both have one, though if they are
agreeable, it is sufficient to have it on the wall, so it
can’t get lost and both know where it is.
It is very good
practice to have an electrical check done, though not a mandatory
requirement at present. The electrician should be NICEIC registered.
Your local accreditation scheme, or the Environmental Services,
may be able to put you in touch with one, so ring them.
Repair to gas fire
Two years ago, I took a career break
to go abroad and have let my property to the same tenants from
thereon. I have always been really fair with them, especially
on the several occasions where they have been unable to pay
their rent. I have been tolerant of this, and have made allowances
in my own finances to cover mortgage payments, until their rent
was back up to date. The
gas fire in the property was brand new four years ago, and
has passed the two previous safety inspections with no problems.
I have just had the gas checked for this year, and have been
informed by the engineer that the ceramic tiles at the front
of the fire are broken. He informed me that this is not possible
under normal wear and tear, they may crack over many years,
but in order to break they need force against them. I have
instructed the tenants that they are liable for this cost
and that they must get this fixed as soon as possible in order
for the safety certificate to be completed. At the same time
they have defaulted on payment again, promising to pay double
rent next month, and I am struggling to get commitment from
them to pay for the repair to the fire.
Am I within my rights to demand payment for this repair? Should
I offer to pay for it, but take it out of the deposit. If
I do this, should I put this in writing first, and get them
to sign it? The certificate is now out of date so I want to
get it fixed sooner rather than later.
If you have not
already done so, you need to put in writing what you have
been advised and that you therefore hold them responsible.
Offer them the opportunity to discuss it with you, but state
that you are prepared to pay for the repair but would expect
to deduct this from the deposit. Give them a time-limit to
respond, stating that the urgency is because a valid gas safety
certificate must be issued. Keep a copy of the letter, of
course. If you have to pay for the repair yourself, confirm
in writing that is what you are doing and deducting cost from
the deposit. Wherever possible, get them to sign to confirm
received and understood any letters you send.
Checks
and repairs not done
I’ve been letting a property to the same tenants for
the past three years but they have now left owing me one month’s
rent. I have their bond, but when I asked for the rent they
said they were going to seek legal advice as I hadn’t
got the gas tank checked for three years. This is true. I
know I should have - also I was asked by Transco to have the
outside gas meter earthed as this was found not to be done,
but I never got round to it. Can they sue me?
I am not sure
what exactly they could sue for, as they do not appear to
have suffered, but they could certainly cause a lot of trouble
for you. I suppose a case could be made on what could have
happened, but depends whether they get a solicitor who would
think it was worth handling. I would get Transco to deal with
this immediately.
Electricity certificates
I currently let a two bedroom flat in Scotland.
Would you please advise whether an electrical certificate is
required? If yes, how often does it have to be renewed?
The property is let
unfurnished but does contain a cooker, fridge freezer and
washing machine. By law, should these appliances have any
regular checks undertaken?
Scottish
law is sometimes different. Currently, there is no legislative
requirement for electricity certificates in England, though
some accreditation schemes may make it a requirement of their
scheme. If there is an accreditation scheme in your area,
ask your local authority. Schemes I am aware of that ask for
a certificate state they should be re-done every five years.
Again, not sure of the situation in Scotland, but I don’t
think there is a legal requirement for testing these appliances,
though it is good practice to undertake some Portable Appliance
Testing – there will probably be someone able to do
this in the telephone directory. You could discuss with your
local landlord association, who may know someone.
Electricity certificate
I think I read on your website that there is no legal requirement
to get an electricity certificate. Firstly is this still the
case and if so why would anyone get one?
Yes it is still the case though energy
performance certificates are planned to become a legal requirement
from October this year. Why would you get one? It is good practice;
it ensures the property is safely wired; it may be a requirement
of an accreditation scheme or of some managing agents.
Broken
hob
We recently moved abroad and decided to rent our property
out until we returned. We decided to rent through a estate
agent who manages the property for us, We had just had a new
kitchen installed four weeks before we moved so we had a new
cooker/hob and dishwasher installed. The property has been
let for nine months and when we returned to the UK at Christmas
we wanted an inspection of the property before we renewed
the contract with the estate agents. The day before we were
due to visit our property we were told that the tenant had
broken the hob beyond repair.
Can you tell me who
should pay for the damage as the tenant refuses to pay and
says we should claim on our house insurance as she has been
told that she cannot claim on the contents insurance because
they are fixtures and fittings? Any advice would be gladly
appreciated.
Not
nice. Most landlords I speak to have an excess so will end
up paying something. Most also hesitate to make claims as
they fear an increased excess at renewal. I think your tenant
needs a firm (though not threatening or unpleasant) letter
explaining what I have just said, re. excess. Offer her the
facility to pay a small sum weekly or monthly until the debt
is cleared. If she continues in this arrogant manner, serve
her notice on a section 21 and ensure that you are totally
honest if you are approached for a reference. Did the agent
take next of kin details? If so, you have an address which
you can use in a small claims court claim.
Going
digital
I have been living in my rented flat for 10 years and have
a very good relationship with my landlord.
What I wish to know is, all television is changing to digital,
is it mine or the landlord’s responsibility to upgrade
and change the TV aerial, so I can receive this service? All
I get is terrestrial TV and the reception on this is very
poor, I cannot get satellite as the property is in a bad position
to get any signal, I cannot get cable, as the company's refuse
to put this in due to high costs, what are my options?
I am not an expert re. technology.
However, if you have Sky or a freeview box (about £23
now) you should be able to get a service. The problem, however,
may be that the position of the property is such that a freeview
box does not work. If that is the case, you may need a new
aerial and because that is associated with the property rather
than your equipment, the landlord should pay. Have any of
your friends/neighbours had anyone out to do aerial work?
If they have used somebody reputable, it is worth discussing.
Otherwise, ring someone up from your local newspaper and see
what he says.
Gas
certificates
I have a property which is let out. I am aware that by law
you have to have a gas safety check every 12 months. This
may be a stupid question but the property I have purchased
has no gas appliances, everything is electrical that I am
aware of. I have got an electrical certificate. Would this
be sufficient or do I need a corgi certificate stating they
are no gas appliances?
I cannot see that
you need to pay for a gas engineer to come out to see there
are no gas appliances. Obviously, if you have a gas fire installed
which cannot be used, you would need this to be inspected,
but not necessary for the circumstances you describe. If enquiries
are made by Environmental Services, just explain and, if needs
be, prepared to let them inspect.
Sub
let of a flat
I lease a shop which has a flat that I sublet with the freeholder's
agreement. Who is responsible for the gas safety checks and
the fire extinguishers? There where no fire extinguishers
in the property at all when I took it over. Is it me or is
it my landlord?
Discuss
with the Environmental Services. My rule of thumb would be
– who is the landlord, who gets the rent? If the lease
you hold is for the whole property, think it may be you, but
the Environmental Services will be happy to discuss with you.
Question
about cookers
I have a property which
is let out .I have to replace the old electric cooker and
have now managed to source a second-hand one (only one year
old) in excellent condition. Can I simply just get an electrician
to install it or would I have to get the cooker tested? If
I do have to get it tested any ideas of cost? It may be, weighing
it up, more simple to buy a new cooker?
You should get
it properly serviced, though I know such a new cooker should
not have any problems. Speak to a local repair and maintenance
shop – I seem to have a figure of about £40 in
mind, but prices may vary depending on area. I think about
£90 in Bolton would get a serviced, second hand cooker,
with a six month warranty. It is best for the sake of your
tenant to ensure that you follow all health and safety procedures
and servicing any electrical appliances you provide is included
in that
Washer-dryer
disposed of
I have let a house
to a benefit-claiming tenant for nearly two years. Although
the let is on an unfurnished basis, I fitted a new washer-dryer
at the outset of the let. The machine has recently developed
a fault and I told the tenant to use his portion of the rent
(the council pays the majority of the rent) to repair the
machine. Instead of doing this he replaced my washer-dryer
with a washing machine (which obviously has fewer features)
and insists it is his property despite disposing of my washer-dryer
without my consent. What can I do about recovering the cost
of my washer-dryer?
It will have to
be the small claims court. You should never think that tenants
will behave in the manner you would expect and always ensure
that you meet your responsibilities – which were to
put back into working order appliances that were in the property
when you let it. I think it is unlikely that you will get
anything from this tenant; you would also have to decide what
was a reasonable sum to claim for a machine that is two years
old and was not working when disposed of; did the tenant get
anything for trade-in is another question to ask; did he or
you get an estimate of the cost of repair? Perhaps he felt
the cost was prohibitive. BUT – make sure you get the
rental shortfall back. If he is retaining that to pay for
the washer, then the washer is still yours.
Frequency
of checks
Please can you tell me
how often a landlord should have a professional gas and electricity
check in a property which is rented out. Gas
is easy – it should be re-checked every year and a new
gas safety certificate issued. There is no legal requirement
to have an electricity check, though accreditation schemes
may ask for one and it is good practice to have one at least
every five years.
Windows
worries
My daughter recently
left her rented flat. In order to have her £500 bond
refunded, she was told to decorate the flat which she has
now done. She has not, however, painted the window frames,
which are in a poor condition. Adjoining flats have recently
had their windows replaced with PVC due of their poor condition.
Because of this, £150 has been retained by the landlord.
There was nothing in her tenancy agreement which stated woodwork
had to be painted regularly. Surely, the windows are the concern
of the landlord?
This seems a little
harsh, but I suppose it depends how long she lived there and
whether the way she lived had had a detrimental effect on
the paintwork – for example smoking, so white paint
now yellow. Generally speaking, I would not expect a tenant
to decorate, unless a child had crayoned on walls or the tenant
had painted the room black, so my thoughts are that the landlord
should be told pleasantly that the windows are not in a fit
state to paint, that they are not the tenant’s responsibility
and failure to return the deposit, in full, will mean your
daughter will go to the small claims court. Of course, if
there are any factors which could be held to her responsibility,
negotiation may be required.
Dangerous gas fire
I am currently renting
a home for myself and family, and have had no problems for
the first four months. But recently when moving some furniture
around in the bedroom above the lounge I spotted what looked
like some smoke damage. I was very worried and contacted my
landlord who said that he previously had an old fire before
installing the gas fire and that this was probably where the
smoke had come from. However he sent someone over to check
out the fire as well as the heating system in general.
Once he arrived I showed him the mark on my bedroom wall and
his first thought was that it might actually be dirt from
a possible hole in the chimney. He then checked over the gas
fire and told me that it was the worst job he had ever seen.
He said that when the person fitted the gas fire in the lounge,
he or she had realised that the lounge floor was solid and
so had run the gas pipe from my garage on the other side of
the house, routing it between the first and second floors
into and down the inside of the chimney to the gas fire below..
The repair man said if there had been one leak the entire
house could have been blown up and destroyed. He immediately
disconnected the gas supply and told us not to use the gas
fire again as it was a criminal offence to turn it on as it
was so dangerous. He contacted my landlord who brought a new
electric fire to the house the next day and simply put it
against and in front old gas fire.
This time the landlord claimed that the gas fire had been
in the house when he moved in 18 years ago. In my opinion
it does not look 18 years old.
The repair man also said that there was further damage to
the top of the chimney which was not venting properly, and
that someone had put a further hole in the chimney to rectify
this. The result was that it did not vent at all and dirt
was escaping into the house.
Although there is now no apparent danger posed by the gas
fire, I feel totally cheated and scared that I have been living
in a house for four months when at any moment my whole family
could have been killed. Is there any further action that I
can take against my landlord? I wonder whether he might have
changed his story about when the gas fire was installed so
as to limit his liability for the poor installation. Is he
liable to pay compensation as he did not check the property
before renting it out? Or can I get a further remedy from
the original installer of the gas fire?
I think I would
discuss with Environmental Health or the Health and Safety
Executive. I don’t see that when the fire was installed
is an issue – he should have had the whole system thoroughly
examined when he bought the house. Did he have regular gas
safety checks done? This should be done annually. If he did,
and it was not spotted because of the way the furniture was
arranged, I can’t see that there is much ground there,
as of course, he would not have chosen to have his house in
an unsafe condition.
I think you should put it in writing to him that you rented
the property on the basis it had a safe gas fire, which you
no longer have. I think you can ask for compensation for this,
though he may respond that he has replaced one source of heating
for another so compensation is not required. I’d see
if there is a solicitor locally that does a free surgery and
see if he thinks you have any grounds.
Certificate applicability
My sister has recently
bought a property from me which I had previously let out.
She kept the same tenants, giving them a new tenancy agreement.
Just before I sold the property I had the electrics checked.
Does my sister now need a new NICEIC certificate with her
name as landlord or is the one I had good enough?
The gas man told us we needed a new corgi certificate, but
the electrician told us that as long as the tenant stayed
the same, the certificate was fine. How can we find out for
certain?
Speak to your
local Environmental Services and/or Accreditation Scheme.
I think it is always better having paperwork in the current
landlord’s name, and as the electrical certificate lasts
five years (it is not like gas, which has to have an annual
check), it may be as well doing what they recommend, though
I can understand why it should seem unnecessary.
Cooker
problems
I am renting a house
with a cooker supplied as per the tenancy agreement but this
has now stopped working. I have contacted my rental agents
and they can give me no time as to when this will be fixed
- they say that I am fine for the moment as I have four rings
to cook with. Please can you advise how long a landlord has
to get this oven fixed as it is his property?
I am not aware
that there is a time limit, but we are coming up to Christmas
and I don’t see that you can cook a turkey on four rings,
even if they are all on at the same time! Write to them, stating
that as they were advised on……, you would expect
them to now to be able to tell you when the repair will be
carried out. In the depths of winter, I would expect a broken
oven to be repaired as a matter of urgency. If you do not
hear from them within three days with a date, you will invoke
the Right to Repair.
After the three days,
write again and explain that if you do not hear within three
days, you will invoke the Right to Repair by having the repair
done yourself and deducting the cost from the rent.
I know it’s a drag, but you have to write a third time
saying ‘I am now instructing someone to repair the cooker,
the estimated cost of which is….which you will pay and
them deduct from the rent’.
Hope it works.
Fridge problems
I am currently renting
my flat out to a single tenant. We have had a good relationship
so far. However recently he notified me that the fridge had
stopped working. He had contacted me two weeks earlier to
say it was playing up but my advice seemed to solve the problem
and we had heard no more. I rang him back immediately for
further information but did not hear from him again until
a few days later when I agreed to sort the problem out as
soon as possible.
I had an engineer visit the flat two days later. He has now
informed me that the fridge needs replacing. It is a fitted
fridge freezer unit, and we have organised to have this done
as soon as possible.
In the meantime my tenant has contacted me again to say he
cannot live like this and is moving in with his parents until
the problem is resolved. I expect him to refuse to pay rent
for this time.
I am happy to reimburse him for the inconvenience involved
but do not feel I have taken too long to sort this problem
out, nor do I feel he is being reasonable in his response,
which was aggressive and involved threatening legal action.
Where do I stand on this issue, and how much compensation
should I offer him? Any advice would be gratefully received
as I am keen to maintain our relationship on the best possible
level.
There have been
questions in previous months on the same lines. As the tenant
took the tenancy with a fridge-freezer in place you have a
responsibility to replace it, as you have acknowledged. You
do not seem to have prevaricated about this and have now arranged
replacement. I am still trying to work out what he would do
if it was his own fridge that had broken – would he
have decided he could not live like that and move back to
mum’s? That is not an option most of us have, and I
am by no means convinced that if my appliance broke, I could
get it replaced within a week – delivery alone, could
take a week.
You say you wish to maintain a good relationship with the
tenant, but it seems to me he is making an excuse to pay no
rent for a week or so. All I can suggest is that you discuss
it fully with him.
Although the property was let with a fridge, it is not specified
in law that a furnished tenancy should provide a fridge, so
it follows that many people do find they can live without
one.
As regards compensation I think you could take a view as to
which part of the rent covers accommodation, and which appliances.
A proportion of that part of the rent that applies to one
of the appliances would perhaps be a good starting point.
See what figure you come up with and whether he agrees. It
is not reasonable to expect that he pay no rent for the period
– the tenancy was not let on the basis of the fridge
alone. Had he chosen to stay, but advised that because of
the lack of the fridge he had to shop daily/buy takeaways,
I would have more sympathy with his argument.
Damage
issue
I am currently in a house where I have been living with two
other people for around eight months. Recently the front panel
fell off the oven door. This means that the oven still works
but because of the lack of weight the oven door doesn't stay
down. Two metal hinges on the door have snapped due to wear
and tear.
Our landlady says
the damage is our fault and is our responsibility to get it
fixed otherwise we will have to pay for a new one. Is this
the case?
Quite difficult,
but I would have said that the front panel falling off was
a wear and tear issue. If you failed to notify the landlady
that this had occurred, which led to further damage, then
yes, you may be held responsible. Also, if she has receipts
to show this was a brand new cooker at the start of the tenancy,
you may have a problem. However, if the property was let with
a cooker, she needs to get it replaced or repaired. If she
will not move on it, go to your local Citizens Advice.
Gas appliance checks
I have just let out a property for the first time. Am I right
in saying that I have 12 months from the start of the tenancy
to do the gas appliance safety checks?
Also as three unrelated people who share the property have
separate agreements, do I need a licence.
The new gas safety
certificate needs to date from when the tenancy commenced,
otherwise your tenants could be living with unsafe appliances.
Carbon monoxide leakage is very dangerous and if the worst
happened and someone was taken ill (or worse) because of that,
a court would not be interested in the fact that they had
only lived there six months – it stands to reason it
should be done at the start of a tenancy.
With regard to licensing,
it is only three storey HMOs with five or more tenants in
two or more households that are covered by the mandatory licensing
requirement. It does not sound as though your property comes
within the definition, but it would be as well to check with
the local authority since it may have introduced discretionary
additional or special licensing.
Maintenance contracts
I've recently moved
out of my house and let it to tenants. Prior to this I had
an electrical safety test carried out (although not necessary)
and also a gas safety check.
The only gas appliances
in my house are the boiler for the water and central heating
and a gas hob. I've always had a British Gas 3 Star (now Homecare
200) maintenance policy to cover the boiler.
Time is approaching to renew my BG policy but when I called
to amend the correspondence address I was told (by a very
rude person on the other end!) that my policy was illegal
as I was renting the house out. Should there be any problems,
an engineer would refuse to attend the property.
This person told me
there were new regulations as of 1 January 2006 and unless
British Gas had carried out my gas safety certificate or tested
every gas appliance within the house, they would not attend
any callouts. However, should I choose to cancel my maintenance
policy with the company, that would be OK and I would be complying
with the law again.
If I'm legal without a maintenance contract, how can I be
illegal with one?
The BG person was
insistent that this was due to changes in the law and not
British Gas policy, it wasn't a scam just to get more money
out of me. Is he right?
I was very surprised
at this as I always recommend landlords to take out this cover.
I have spoken to British Gas which confirmed there should
be no problem. This cover includes a safety check every year,
so the safety certificate should be covered by this. Perhaps
the person you spoke to meant there was a more in-depth safety
certificate you should have had, but certainly there is no
reason not to have the cover. Ring the BG Regulator on 0845
601 3131 to discuss further.
Certified
safe but not working
I recently had a gas
safety inspection for a property I was about to let. The Corgi
engineer said everything was OK and issued a safety certificate.
The tenant has now
moved in and has informed me that the oven does not work.
Is this something that ought to have been mentioned on the
safety certificate, as surely an appliance is not certified
as 'safe' if an aspect is non-operational? Do I have the right
to instruct the Corgi engineer to fix the problem as, for
all I know, the engineer may have caused the problem in the
inspection?
I would think
it unlikely that the engineer has caused the problem, but
I would certainly want to discuss with him whether he had
tested the cooker, as I believe that the safety certificate
does make reference to appliances. He may volunteer to fix
it, if he feels he has not tested as thoroughly as he should.
Smoke alarms
I currently rent a
flat and at the moment have no smoke alarms and wondered if
this is a legal requirement.
It depends on
the type of flat. Contact your local Environmental Services
to discuss.
Winter
freeze ups
Freezing weather has
been forecast and my tenants are going to be away for a couple
of weeks. Can I insist that they leave the heating on low
to avoid freeze-ups and if they don’t leave heating
on and we do have a burst pipe, can they be held responsible?
I think you should
have a discussion with your tenants about this. I would have
hoped your tenants would be sensible enough not to want burst
pipes damaging their goods. However, I suppose they may say
they go away in the winter to save on the heating bills and
don’t want to leave the heating on. Is any compromise
possible? I think a landlord in your position may be able
to work out how much it would cost to keep the heating on
low over two weeks and maybe split the cost? If you show you
are being fair to your tenants, they may want to behave the
same to you.
Kerosene boiler
I have moved into
a property with a kerosene fuel boiler system which heats
water and radiators. Can you let me know if I need any certificates
or checks from my landlord? I am aware that kerosene gives
off carbon monoxide, and this particular boiler does give
off an unusual smell when it starts up, although this usually
wears off in 20 minutes or so.
Discuss this with Environmental
Services in your area. This is quite unusual nowadays, but
they will either know, or know where to get the information
required. I think I would get a carbon monoxide detector,
just to be sure that you are in no danger (the cost is £5
to £10 from your local DIY store).
Provision of heating appliances
A friend of mine moved
into a rented property in August 2005. Lately it has become
apparent just how cold the property is - it really is freezing
most of the time.
There is only an electric fire in the lounge, which obviously
can only be used when at home, and electric heaters in the
hallway and the bedroom - but these take almost a day to warm
up.
What are the legal requirements re temperatures and what heating
must landlords provide?
The minimum is one fixed heating
appliance, which can be an electric fire or the storage heaters
you mention. I would advise her to speak to Environmental
Services – they may be able to assist the tenant or
the landlord with a grant and would certainly tell him if
something more was needed.
Whilst storage heaters do take a while to warm up, having
got to operational temperatures, I would expect that they
would continue to work through the winter provided they are
not switched off. Has your friend asked the landlord to check
that they are working properly?
This kind of situation really needs questions on both sides
– the tenant moved in last August – she needed
to question then whether the fire was adequate for the winter.
The landlord also really needs to ask himself whether he thinks
the fire is adequate.
Mains
supply
The rent a two bedroom
flat in north London on the top floor of a converted public
house. When the water stopped working recently the landlord
told me a pump that supplies the flat must have broken. He
was correct. It turns out mains water runs into a tank on
the flat roof of the ground floor flat and is then pumped
up to my flat.
I was under the impression that every residential property
had to have a direct mains water supply, and am slightly concerned
that I don't have drinking water since if the taps were not
run for a few days water would be sitting in the tank until
drawn off. A plumber told me there are certain rules, such
as the need for a cover and the like.
As I want to buy the flat this is a concern and has made me
think twice. Could you please let me know what the law states
when it comes to drinking water and mains water supply?
I am sorry, but other than
knowing that there should be a cover on the tank, I cannot
assist. Your local Environmental Services should be completely
up to date with the legislation and can assist. I believe
the main concern with standing water is the possibility of
Legionnaires Disease. The solicitor who deals with your conveyancing
will need to be aware of anything that Environmental Services
report.
Gas cooker
I let out a property
which has a fitted kitchen with a freestanding cooker. I was
informed by my tenants that the gas cooker wasn't working
properly so I ordered a brand new one. The old cooker was
disconnected by a Corgi registered engineer but the replacement
cooker wasn't connected until six days later. Should I give
the tenants a reduction in rent and if so what do you think
would be an acceptable amount?
What a lovely
landlord! I think the concern you are showing to your tenant
is great. I would be thinking of a token payment only. Offer
£20, as a good will gesture, see what the tenant says.
Responsibility
for bills
I have been informed
by United Utilities that I, as the landlord, am responsible
for any unpaid bills as the tenancy is only a six months assured
shorthold tenancy and the tenants were not at the property
for more than 12 months. Is this true?
I have never heard
that, as tenants can move in and out with some regularity.
I have checked with United Utilities which says that this
is not its standard practice. In the case of a normal domestic
letting the firm expects the tenant to be responsible for
his or her bills and would pursue any outstanding amount itself
(and in a manner that would not be open to a private landlord).
If they insist, ask to see their regulations.
Faulty flu
I have entered into
an assured shorthold tenancy agreement which provides that
the gas appliances for which the landlord is responsible are
safe, in proper working order and in repair both at the commencement
of and during the tenancy.
After the tenancy had commenced the boiler wouldn't work and
neither would the fire. The boiler is now fixed but the fire
isn't and the tenancy is now in its second week. The fire
is dangerous and has been inspected by a British Gas engineer
who has told me that fumes could escape even though it is
turned off and that Transco will condemn it.
Although it may be unlikely that fumes will escape I am not
prepared to take the risk as I have a baby. Can I get out
of the tenancy agreement?
You could try
to terminate the agreement if you feel the property is unfit
to live in. However, before you do that, I would write a letter
to the landlord, asking for a speedy response. State that
you have had an opinion that the gas fire, as condemned, could
leak fumes and he will be aware of the serious consequences
of this, particularly as you have a baby. You would be obliged
if he would have the fire repaired or replaced, or alternatively,
release you from the tenancy agreement. See what response
you get to that.
Dishwasher dilemma
I am currently renting my two bedroom house (unfurnished)
to a couple with a teenage son. I decided to leave a washer/dryer
and my dishwasher in the house and listed these on the inventory.
We have just extended the tenancy for the first time and we
are now seven months into the original tenancy. And the tenants
have just informed that both the dishwasher and the washer/dryer
have stopped working.
If we cannot fix them, am I responsible for replacing both?
Is the dishwasher not a luxury and where do I stand in terms
of replacing the current washer/dryer with a washing machine.
I am afraid that you are responsible
for replacing any electrical items present when the tenancy
commenced should they stop working. As they brought all but
these two items themselves, would they be prepared to buy
their own? I might be inclined to offer them a small cash
sum in compensation if they agree to replacing with their
own, but if it comes down to it, I think you do have to replace
like with like. |