Lynn Savill Posted February 12, 2015 Report Share Posted February 12, 2015 My son & his wife have rented a property for the last 8 years with the landlord living next door. He has given them preliminary notice to move as he's selling up to move overseas and they found a property yesterday. Last year they bought a dog (permission was given) and my son is concerned that the rear lawn is patchy where the dog goes to the loo, thinking that the landlord will insist that it's re-turfed. During the 8 years the house has been vastly improved inside with new carpets, vinyls and general decor, all obviously self-funded. Also during that time: the 2 toilets have not functioned properly for 2 years (fixed 2 weeks ago) the boiler has broken down four winters in a row, each time resulting in no heat for up to 3 days (replaced 2 weeks ago) only 2 gas safety certificates have ever been issued during the tenancy the rent has been paid a few days early every single month by standing order from the beginning My/his question is: is the amount of work done internally plus the inconvenience of poor maintenance a sufficient 'trade off' for a patchy lawn? My son is keen not to fall out with the landlord but is expecting him to raise the garden issue. Thank you. Link to comment Share on other sites More sharing options...
Grampa Posted February 12, 2015 Report Share Posted February 12, 2015 I would ask the landlord round for a cup of tea and have a chat and a look round and ask him for his views on what issues he would like addressed and what his expectations are. Also look at the inventory which should have been signed by both parties at the start of the tenancy. That is what should be used on the check-out less any NORMAL wear and tear. Without an inventory or some form of signed condition report the landlord cant deduct anything. Is there a deposit has it been protected? "the boiler has broken down four winters in a row, each time resulting in no heat for up to 3 days (replaced 2 weeks ago)" A 3 day wait can be the norm for some boiler repairs and some maintenance policys and is no different to what a home owner could expect. Remember the property is a home not a hotel. "only 2 gas safety certificates have ever been issued during the tenancy" Not right, but the tenants could have reported the landlord to the council or other bodies. They obviously knew it should have been done every year but from your post it appears they choose to ignore the issue. The bottom line is have they had a material loss by the certificate not being done? "the rent has been paid a few days early every single month by standing order from the beginning" This was tenant choice and could have been changed anytime unless it was a requirement of the tenancy. "the 2 toilets have not functioned properly for 2 years (fixed 2 weeks ago)" Without more info it is hard to comment Link to comment Share on other sites More sharing options...
Lynn Savill Posted February 12, 2015 Author Report Share Posted February 12, 2015 Thanks for your reply - my answers are below. I would ask the landlord round for a cup of tea and have a chat and a look round and ask him for his views on what issues he would like addressed and what his expectations are. Also look at the inventory which should have been signed by both parties at the start of the tenancy. That is what should be used on the check-out less any NORMAL wear and tear. Without an inventory or some form of signed condition report the landlord cant deduct anything. Is there a deposit has it been protected? There was/is no inventory. The landlord used an agent to Find Only and whilst a Shorthold Tenancy was signed, it was & has been a very informal/friendly rental "the boiler has broken down four winters in a row, each time resulting in no heat for up to 3 days (replaced 2 weeks ago)" A 3 day wait can be the norm for some boiler repairs and some maintenance policys and is no different to what a home owner could expect. Remember the property is a home not a hotel. Fair comment, but 4 years in a row?? "only 2 gas safety certificates have ever been issued during the tenancy" Not right, but the tenants could have reported the landlord to the council or other bodies. They obviously knew it should have been done every year but from your post it appears they choose to ignore the issue. The bottom line is have they had a material loss by the certificate not being done? I wasn't aware that it's a tenants responsibilty to chase a landlord..... "the rent has been paid a few days early every single month by standing order from the beginning" This was tenant choice and could have been changed anytime unless it was a requirement of the tenancy. That info was simply to illustrate that the rent has never been late "the 2 toilets have not functioned properly for 2 years (fixed 2 weeks ago)" Without more info it is hard to comment A repair was requested 2 years ago and regularly since then. His wife had cancer on & off from 2010 which made it awkward to approach him with what seemed like a minor issue. Repairs were promised each time but never materialised until now Link to comment Share on other sites More sharing options...
Mortitia Posted February 12, 2015 Report Share Posted February 12, 2015 How much lawn is damaged? You can buy turf rolls at B and Q quite cheaply or chuck a bit of grass seed down - but watch out for the birds! Link to comment Share on other sites More sharing options...
Grampa Posted February 12, 2015 Report Share Posted February 12, 2015 Well if there is no inventory and the landlord cant prove the condition prior to the tenancy starting he cant legally hold the tenants responsible for any dilapidation's.The issues you raise can be quite common with landlords who manage the properties themselves. Link to comment Share on other sites More sharing options...
Dave A Posted February 12, 2015 Report Share Posted February 12, 2015 My own boiler breaks down annually. I'm now replacing it. Dave Link to comment Share on other sites More sharing options...
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