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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice.
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We have a flat which we rent out to tenants. The tenant

Resolved Question:

We have a flat which we rent out to tenants.

The tenant moved in last Nov on a 6 month AST

The previous property managing agent didn't take care of the property, and there was a partly flooded basement, which housed old washing and drying machines.

A NEW Property Management agent has taken over and started to do repairs. They have removed all the machines from the basement, and as I understand, are not intending on replacement. The tenants were warned of the removal.

Now this has happened, my tenant wants me to put a washer/drier in the flat. There is no space, and this would involve replacing and refi quirking the kitchen - or for me to replace the machines in the basement, and I'm not sure the management agent will let me do this?

Where do I stand?

Regards,
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is it a term of the tenancy agreement that the management company provides these facilities?

Is it a term of the tenancy agreement that you provide them?
Customer: replied 3 years ago.
Hi Jo,

I can't see anything in the AST?

Does this link work?

https://docs.google.com/file/d/0B5E0DmsWSVxkUVZHRHhpVmtPcWc/edit?usp=docslist_api

Regards,
Expert:  Remus2004 replied 3 years ago.
The link works but it requires someone to sign in.

If there are washing and drying facilities when the tenant moves in, you cannot remove them. In addition, if they break, you have to replace them.

The above applies unless they are specifically excluded in the tenancy agreement.

Unfortunately therefore you are going to have to make some arrangements to provide these facilities.

I'm sorry that this is bad news for you

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Yes, the facilities were there when they moved in Jo, but it was the property management co that removed them.

I'm concerned if I replace them, then I am stopping the property management doing repairs to the basement?

If I don't , then I'm subject to claims from the tenant?

Regards
Expert:  Remus2004 replied 3 years ago.

It is not the location that is important. It is the provision of the facilities.

It will be necessary for you to look at the lease to see whether you have the right to use the basement to place machines because clearly, these machines have been put there by someone and people have been allowed to use them presumably as a result of some kind of obligation.

If these are noted in the lease, then as the management company what provisions they are going to make in the short term while the facilities are repaired.

If they are not noted in the lease that you can use the basement, and you do not own the machines, you are going to have to make some kind of arrangements for the tenants to have alternative facilities.

Before going further, it would be necessary to know exactly what rights you have to use the basement, noted in the lease.
Customer: replied 3 years ago.

Does this show you the lease Jo ...?


 


https://www.dropbox.com/s/poe1qcxdqyhe619/2011_04_13_21_50_22.pdf


 


Regards,


 


 


 


 


 


 


 

Expert:  Remus2004 replied 3 years ago.
Thank you. I have part of the lease now. Pages 2-29 wouldnt open. I had to try 3 different browsers.

Studying a 36 page lease in minute detail is a two-hour job and beyond the scope of this site to the best I can do is speed read it for you, however I do know where to look in most cases.

The landlord is liable under the lease for maintenance of the Common Parts which includes the basement although it is not listed specifically.

There is nothing in the Management Covenants clause 5 whereby they have do provide clothes washing and drying facilities.

There is also nothing in clause 6 Landlords Covenants.

If you go to schedule 2 on page 24 under paragraph 1 you have the right of access over the Common Parts which would include the basement. However there is no easement granted to use the basement for anything anywhere in that schedule 2

There is no mention in Part 2 on page 32 or the following part 3 which mentions the provision of washing and drying facilities either in the basement or elsewhere. That is going to need to be rectified to allow you to be allowed to put washing and drying facilities in the basement because looking at the plan, it appears that there is simply not enough room in each of the kitchens to put those facilities in.

Although I cannot think of a practical solution, while the work is being undertaken on the basement, you are going to have to make some alternative arrangements for the tenants. This is something which needs discussing with the landlord and in that respect, it would be worthwhile speaking to all the other owners to see what they are doing about it.

The deed is certainly going to need to be rectified to allow you to put clothes washing and drying facilities in the basement or to make the landlord provide them (which I think he is unlikely to do)
Remus2004, Barrister
Category: Property Law
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Experience: Over 5 years in practice.
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