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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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In my tenancy agreement, it states:To pay to the Landlord

Resolved Question:

In my tenancy agreement, it states: 

 
To pay to the Landlord on a full indemnity basis all costs management and other charges and expenses (including without prejudice to the generality of the foregoing locksmith’s charges for securing the Premises and the cost of calling out contractors to the Premises) legal costs surveyor’s and agent’s fees (including Value Added Tax on all such costs charges and expenses) which may be properly incurred or charged by the Landlord whether during or after the term in connection with the enforcement of any of the Tenant’s covenants or conditions herein contained including (but without prejudice to the generality of the foregoing) the recovery of arrears of rent. 


The house has a boiler problem, in that I can't turn it passed half way. Below half way is not enough to heat up the house. 


Will I be charged for asking the landlord to get this fixed? Not the actual asking part, but will I get changed if the landlord sends out a contractor to get the problem fixed?

I am in the UK/England.


Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

No, the passage you cite relates to the costs the landlord is permitted to charge for in taking enforcement action for a breach by you of one of the tenant covenants. So, unless the landlord claims that the fault with the boiler is as a result of you using it in a tenant-like manner (which will be a covenant in your tenancy) he would not be permitted to charge for the costs of a call out from a contractor.

The landlord is responsible for the repair of the boiler, this link explains the position quite well:-
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-11-landlords-repairing-obligations.html

You might seek to confirm this with the landlord (ie. that he does not consider it to be as of a result of not using the boiler in a tenant like fashion) just from a pragmatic perspective but if he does not allege mistreatment then he will not be able to charge.

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Kind regards,


Tom
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