ALD Posted May 21, 2012 Report Share Posted May 21, 2012 We are in the early stages of purchasing a property with a protected tenant paying £13.73 pw. She is almost 80 and has been living there for over 50 years. The house has no hot water, (she uses a burco boiler) central heating, proper bathroom/kitchen and there is a lot of damp. We have spoken to her and she is reluctant to have any changes made and has in the past refused free central heating installation (by gov. grant) because she didn't approve of where they wanted to put the radiators.The living room also has polystyrene tiles on the living room ceiling down to picture rail height. This is a long term investment for our daughter but of course we want to keep the property in good repair in the meantime. Do we have a right to insist on making essential repairs/maintenance and some improvements? I we can't improve are we liable for any accidents caused by installations the tenant has done? Thanks. Link to comment Share on other sites More sharing options...
Melboy Posted May 21, 2012 Report Share Posted May 21, 2012 Basically there is not a lot you can do unless it is property repairs to sustain the fabric of the building from damage .....ie water penetration. She obviously just wants to be left alone and carry on as she always has in the past. Your only course of action is the softly softly approach to make her change her mind perhaps but don't hold your breath on that one. You own the property with title deeds etc. but you don't own the home she lives in. Link to comment Share on other sites More sharing options...
Grampa Posted May 21, 2012 Report Share Posted May 21, 2012 If it was me I would at least have a few letters on file trying to gain access for electrical/gas certs and the removal of the polystyrene tiles to try to mitigate any claim if there was an incident. Link to comment Share on other sites More sharing options...
LLAW96 Posted May 21, 2012 Report Share Posted May 21, 2012 Where you have an implied repairing covenant as here there is also an implied term that you can attend the property at a reasonable time of the day to inspect/view a property for the purpose of assessing its condition and state of repair see s.11(6) landlord and tenant act 1985. Given your potential liability under s.11 landlord and tenant act and s.4 defective premises act you could apply to the court for an order to enter the property and effect repairs, if you have a written agreement you may find an express term saying something along the same lines. If she is in breach of the terms of her tenancy then it may be possible to apply for possession under cases 1 and 3 Part 1 Schedule 15 Rent act 1977. Please note that you have to distinguish between an improment and repair. Link to comment Share on other sites More sharing options...
Melboy Posted May 21, 2012 Report Share Posted May 21, 2012 Note repairs though........ Some of the works you would like to do are of a major disturbance to your tenant and She may not want the upheaval and mess at her age (this is fairly common from my experience of dealing with the elderly). I bet you bought this property at well below market value and this is the reason why it probably was much cheaper for you to purchase. A sitting tenant of 50 years is all powerful in their tenancy rights but I can understand why you want to do what you want to do but in this case your tenant has a powerful say in what you can do or not do. Link to comment Share on other sites More sharing options...
ALD Posted May 21, 2012 Author Report Share Posted May 21, 2012 Thanks for your replies, it is not our intention to cause the tenant any unnecessary upheaval, (we know change can be frightening to some elderly people) we just want to stop the house from falling apart due to neglect., otherwise no matter how cheap it would be a bad investment The tenant did complain about her current landlords not doing enough (and we would be happy to help her out with any small jobs like changing light bulbs etc). We haven't actually bought the house yet which is why I'm trying to research any potential problems and pitfalls.It would be a one off investment for us. Link to comment Share on other sites More sharing options...
Mortitia Posted May 22, 2012 Report Share Posted May 22, 2012 Aldi - maybe what you should consider is why the current owner is selling so late in this lady's life. Average age of a woman in the UK is 84 (last time I checked) and for men 75. It could be that the landlord has tired of trying to help the tenant or just needs cash but I would do as much research as possible before making a decision. I am sure social services must be aware of this lady so she will be in receipt of legal advice on her rights. Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted May 22, 2012 Report Share Posted May 22, 2012 Further point to check is whether there is a successor tenant waiting in the wings as this is a rent act protected tenant. The tenant may be 80 but she might have a 50 year old child waiting in the wings to take over on the death of the original tenant. Link to comment Share on other sites More sharing options...
Melboy Posted May 22, 2012 Report Share Posted May 22, 2012 Average age of a woman in the UK is 84 (last time I checked) and for men 75. Mortitia Grief Mortitia! not long for me now then. As my Old Granny use to say...."You don't have to be old to die". Anyway I am immortal so I will just relax. Link to comment Share on other sites More sharing options...
ALD Posted May 22, 2012 Author Report Share Posted May 22, 2012 Thanks Mortitia, Law and Melboy. I seem to have those questions covered. The Landlord owned 3 properties in this small village,(where I also live), all occupied by elderly people though he lived on the South Coast (we are in North Lincolnshire) and had his rents collected by an agent. Apparently the only improvements done has been to install UPVC windows. None of the tenants have ever met the owner and as he has recently died, they never will. His widow doesn't want the houses and is selling them all, we went for this one as it's the best maintained. The tenant has family who have long since left home and settled in other parts of the country. She doesn't really want to move but has had her name down for some time on the list for social housing so we may get lucky if something suitable in the village comes up then we'll be in a very fortunate position. I think that's our best hope anyway as she seems a very healthy and alert old lady who is fully aware of her rights - not that I'd exploit her if she wasn't! I'm trying to seek out all the potential pitfalls as it's such a big step for us, buying an investment property. So I really appreciate the advice folks. Link to comment Share on other sites More sharing options...
Melboy Posted May 22, 2012 Report Share Posted May 22, 2012 You say you have not purchased as yet so everything comes down to the price you pay and from my experience you will need a heavy discount on what any EA's valuation comes in at. Market price is not applicable here. Link to comment Share on other sites More sharing options...
ALD Posted May 22, 2012 Author Report Share Posted May 22, 2012 Melboy, you obviously have a wealth of experience and I'm glad you're happy to share that. Your advice is very sound, as is everyone else's. The purchase price is around 60% value and I am beginning to think twice. It is an emotional time as the funds are a legacy from my mother and aunt who last year, and an investment for our daughter who survived her older sister who also died last year. I know emotion has to be left out of these sort of transactions and I'm wondering if we would be better off buying a good rental investment in a nearby town rather than a gamble property in our village, though my husband is dubious Link to comment Share on other sites More sharing options...
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