Tenant broken boiler, refusing me access to check it

Tenant broken boiler, refusing me access to check it

Author
Discussion

crispian22

840 posts

159 months

Saturday 9th January
quotequote all
She's probably growing weed wink

Simpo Two

75,636 posts

232 months

Saturday 9th January
quotequote all
TheBinarySheep said:
Matt_E_Mulsion said:
Get round there and kick her and her worldly goods out onto the streets.
I wish I could, but the government have got so much protection in place for tenants that landlords have their hands tied behind their backs.
Yes but you have to start the process or you'll just lose even more money. IIRC once they're two months in arrears you can start action. Section 8 or 22, not sure which. If they're on HB you can apply to the Council to get it paid straight to you (at least you could when I had a go at being a landlord 10 years ago). Don't be nice because you'll get exploited. Good luck.

TheBinarySheep

Original Poster:

566 posts

18 months

Saturday 9th January
quotequote all
crispian22 said:
She's probably growing weed wink
You joke, but the property is in an area where this sort of thing is rife.

TheBinarySheep

Original Poster:

566 posts

18 months

Saturday 9th January
quotequote all
Simpo Two said:
Yes but you have to star the process or you'll just lose even more money. IIRC once they're two months in arrears you can start action. Section 8 or 22, not sure which. If they're on HB you can apply to the Council to get it paid straight to you (at least you could when I had a go at being a landlord 10 years ago). Good luck.
It was 2 month, but since Covid they have to be 6 month in arrears before you can start the process.

"We have made regulations extending the provisions of the Coronavirus Act 2020, meaning that from 29 August 2020 landlords will not be able to start possession proceedings in most circumstances unless they have given their tenants six months’ notice. Shorter notice periods will apply to certain cases where the landlord wants to evict the tenant because of rent arrears of 6 months or more, anti-social behaviour, domestic abuse or false statement. "

We used to get the rent paid directly to us, but we think they've stopped it so that they get the rent.

jeff666

1,965 posts

158 months

Saturday 9th January
quotequote all
Tell her you would love to replace the boiler,

But as you have not been paid for five months your hands are tied, she is of course free to move somewhere else.

bennno

7,223 posts

236 months

Saturday 9th January
quotequote all
If you cant evict can you pursue non payment via small claims court, presumably most keen to avoid CCJ?

I’d just say as you’ve not been paid you can’t afford a boiler engineer without personally inspecting it first.

Edited by bennno on Saturday 9th January 17:43

TheBinarySheep

Original Poster:

566 posts

18 months

Saturday 9th January
quotequote all
A poster on another forum has suggested that even if we wanted to start a section 21 to get them out, we can't because we don't have an up to date gas inspection.... FFS

dudleybloke

16,588 posts

153 months

Saturday 9th January
quotequote all
Tell her that the engineer will only visit if she's not in, due to covid.

Carbon Sasquatch

2,654 posts

31 months

Saturday 9th January
quotequote all
TheBinarySheep said:
A poster on another forum has suggested that even if we wanted to start a section 21 to get them out, we can't because we don't have an up to date gas inspection.... FFS
Well you can now - any engineer that attends can perform the inspection while there.

DoubleD

18,852 posts

75 months

Saturday 9th January
quotequote all
Just insist that you will be going 1st to check. Let her sit in the cold while she thinks about it.


I think it's wrong that tenants can get away with none payment.

320d is all you need

2,114 posts

10 months

Saturday 9th January
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98elise said:
As a Landlord I would insist I get a chance to look at it first. The tenant can't pick and choose who does the repair.

Also ask the same question on Landlordzone which is a great resource for legal issues etc.

If she's 5 months behind already then start the eviction process as soon as you can.
Yes this.

I would just turn up and explain you are not able to get an engineer at the moment and you can check.

Depending on your tenancy agreement most enforce a visit within 24hr notice so give them 24hr notice

You are 5 months in arrears so you need to be firm but fair and most importantly legal.

The Moose

20,974 posts

176 months

Saturday 9th January
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DoubleD said:
I think it's wrong that tenants can get away with none payment.
Of course it is. But landlords are an easy target to give a bit of a kicking to.

Simpo Two

75,636 posts

232 months

Saturday 9th January
quotequote all
TheBinarySheep said:
It was 2 month, but since Covid they have to be 6 month in arrears before you can start the process.
Fair enough, one month to go then.

TheBinarySheep said:
We used to get the rent paid directly to us, but we think they've stopped it so that they get the rent.
Who stopped it, the Council? Ask if you can apply again. You need the money to buy them a new boiler...

And you can say 'Sorry I can't afford to replace the boiler because you haven't paid the rent'. They will now say they won't pay you rent because the boiler's broken.

When you get out of this, sell the house and invest the cash. It's much easier!

TheBinarySheep

Original Poster:

566 posts

18 months

Saturday 9th January
quotequote all
I've politely replied saying

"Do you want to do some tidying up this evening and I'll pop down to check the boiler in the morning?"

No doubt she's going to kick off and say she needs it fixing this evening, but on point of principle I'm not going to arrange anyone until tomorrow. I have 24 hours, so she can wait 24 hours.

netherfield

2,102 posts

151 months

Saturday 9th January
quotequote all
Tell her British Gas are on strike.

trixical

779 posts

142 months

Saturday 9th January
quotequote all
I believe if the rent arrears is more than a certain period you don't have to give the 6 months notice, yep looks like only 4 weeks https://england.shelter.org.uk/housing_advice/evic...

Have you had a read of https://forums.moneysavingexpert.com/discussion/62... over on MSE as some recommendations may be relevant but the key point is the rent arrears and boiler being broken are separate issues so you can't refuse to fix the boiler because they are in arrears as much as you wish you could (& others will try to encourage you down this path as morally it seems reasonable)
It might be the above or another thread i've read recently but if you had housing benefits being paid directly to you and it now isn't they have likely changed from a joint to single claim which resets it so you need to apply to have it paid direct again, get on it.

I feel for your plight, a friend is trying to remove a joint tenant who remained after notice had been given by the other, council aren't interested in housing her & 2 kids till a possession order is granted and the court adjourned the case review that could have granted possession for apparently no reason. She needs to move back in & in the mean time is having to pay out to rent somewhere else, its destroying her mental health. She only rented the place out as a last resort as she had relocated (which subsequently didn't work out) and had a sale fall through twice. & also had the boiler break just before christmas so they had to survive for ~10 days until a new boiler got fitted (yes I agree thats insanely quick)

eta: get your paperwork/communications in order that you have made reasonable efforts to carry out the gas safety certificate, it may not help but again check it in relation to covid mucking stuff up for renewals (hopefully you had one at the beginning of the tenancy)

Edited by trixical on Saturday 9th January 18:00


Edited by trixical on Saturday 9th January 18:02

Drezza

932 posts

21 months

Saturday 9th January
quotequote all
Sell up and buy some equity funds instead, how land lords put up with this kind of st is beyond me. All credit to you, I'd probably be arrested for instructing some Albanian heavies to drag them out by their tracky bottoms.

M4cruiser

2,476 posts

117 months

Saturday 9th January
quotequote all
TheBinarySheep said:
Turn7 said:
Hi Tenant

The Engineer cant get there till Tuesday.

Let me know if you get cold enough to tidy up and I'll pop over.....


I seriously could not be a landlord.
The problem with that is I gather we have to fix something like this within 24 hours.
Have a look at the paperwork and the web, you may find the law is on your side if you are being denied reasonable access, but keep things in writing.

320d is all you need

2,114 posts

10 months

Saturday 9th January
quotequote all
TheBinarySheep said:
I've politely replied saying

"Do you want to do some tidying up this evening and I'll pop down to check the boiler in the morning?"

No doubt she's going to kick off and say she needs it fixing this evening, but on point of principle I'm not going to arrange anyone until tomorrow. I have 24 hours, so she can wait 24 hours.
Is there a law for 24hr boiler?

When I was renting we had a boiler fault and it was several days before anyone came.

Certainly significantly longer than 24 Hrs.

We had no hot water and it was middle of Summer so managing without a shower for a couple of days was not very hygienic.

TheBinarySheep

Original Poster:

566 posts

18 months

Saturday 9th January
quotequote all
trixical said:
I believe if the rent arrears is more than a certain period you don't have to give the 6 months notice, yep looks like only 4 weeks https://england.shelter.org.uk/housing_advice/evic...

Have you had a read of https://forums.moneysavingexpert.com/discussion/62... over on MSE as some recommendations may be relevant but the key point is the rent arrears and boiler being broken are separate issues so you can't refuse to fix the boiler because they are in arrears as much as you wish you could (& others will try to encourage you down this path as morally it seems reasonable)
It might be the above or another thread i've read recently but if you had housing benefits being paid directly to you and it now isn't they have likely changed from a joint to single claim which resets it so you need to apply to have it paid direct again, get on it.

I feel for your plight, a friend is trying to remove a joint tenant who remained after notice had been given by the other, council aren't interested in housing her & 2 kids till a possession order is granted and the court adjourned the case review that could have granted possession for apparently no reason. She needs to move back in & in the mean time is having to pay out to rent somewhere else, its destroying her mental health. She only rented the place out as a last resort as she had relocated (which subsequently didn't work out) and had a sale fall through twice.
Sadly a section 8 required 6 month notice if less than 6 month in arrears. It's all changed since Covid https://www.gov.uk/government/publications/covid-1... See the section under 'Minimum notice period lengths under Section 8 of the Housing Act 1988'