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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My tenant is making unreasonable requests for repairs to items

Resolved Question:

My tenant is making unreasonable requests for repairs to items which do not seem to need any kind of repair! He is constanly emailing me with unreasonable demands and leaving me emails with ultimatums if i do not act upon these demands favourably. His tone in all emails is completely unreasonable and ungrateful in terms of the attempts I have made to help him. However, he has paid 6 months rent in advance (from his own choosing) and I feel it is because of this that he feels he can make these kinds of requests. Do I have any grounds upond which i can evict him?
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

 

What kind of "ultimatums" has he been giving you?

 

Tom

Customer: replied 3 years ago.

He has sent me a list of items that need to be rectified by the 9th december. If they are not rectified, he will get 'repair' people in to repair anything necessary at my cost. Of course, he can't possibly do that as I wouldn't pay for such repairs - the repairs he speaks of are:

 

converting the digital tv signal in the living to an analogue one (even though I have provided him with a sky box and free sky access and a replacement tv).

 

'repairing the ventilator' - he claims it is not working properly - the last time i visited and cleaned the ventilator, it was fine.

 

the extractor fan is 'sucking' in odours and leaving a 'restaurant-like' smell in the ktichen - he never mentioned this before today, and by the very nature of extractor fans, odours cannot be 'sucked' in.

 

he was clamped and paid a 257 pound fine to the clamping team running the block when he moved in because he did not use a permit from the security office (which he was informed to do) - he wants me to cover the costs, which he now calls 'move in' costs and pay the interest on his credit card too.

 

It is not just the content of his requests which all seem to be unreasonable to me, but the manner and tone of language used in each email, which i have a copies of - he is never grateful or tactful in the way he approaches things and gives the impression that he is never satisfied with anything i do to help.

Expert:  Thomas replied 3 years ago.

Right.

 

You can only evict under the housing act by using one of the grounds available (ie. he is two months in arrears, persistent late payment of rent, condition of property has deteriorated, his breach of some condition of the tenancy).

 

Making lost of requests for repair in an unpleasant tone is not grounds to evict, but you only have to comply with them if they are reasonable. If he requests an unreasonable repair, then you can simply decline to carry it out. He may then pay for the repair yourself and issue a claim at Court to recover the cost, but he will have to prove that the repair itself was reasonable to be successful.

 

Your statutory repair obligations are contained in the Landlord and Tenant Act 1985:-

(1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor -

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

 

You must arrange reasonable repairs, but are not under a duty to carry out unreasonable repairs.

 

If you have let the flat on the basis of being furnished or having certain other additional appliances then you must also keep these in repair.

 

If you informed him of how to park without incurring a fine then you are not liable to pay his costs for this.

 

The extractor fan complaint seems spurious as well.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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