What kind of "ultimatums" has he been giving you?
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).