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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69780
Experience:  Over 5 years in practice.
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Back to the washing machine ... Have offered then tenant

Customer Question

Back to the washing machine ...

Have offered then tenant a reduction in his rent of £25 per month for the loss of the facilities, which I feel is reasonable (on a rent of £500) as there is a laundrette less than a mile away that other tenants use.

The tenant wants a reduction of £50

The AST states then the tenant "must abide by the head terms which apply to the tenant". You covered this in the previous answer, there is no provision in the lease for me to replace the machines in the basement.

Regards,
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

You answered my Question Jo about the tenant, management company removing the washing machines from the basement, and the lease not having provision for either the management co or myself replacing ...?


 

Expert:  Remus2004 replied 2 years ago.
Yes, thanks.

Did you want to know something about this?
Customer: replied 2 years ago.

Yes, it was this Jo ...


 


Back to the washing machine ...

Have offered then tenant a reduction in his rent of £25 per month for the loss of the facilities, which I feel is reasonable (on a rent of £500) as there is a laundrette less than a mile away that other tenants use.

The tenant wants a reduction of £50

The AST states then the tenant "must abide by the head terms which apply to the tenant". You covered this in the previous answer, there is no provision in the lease for me to replace the machines in the basement.

Regards,

Expert:  Remus2004 replied 2 years ago.
Perhaps I can be clearer.

What is it that you want to knw about this? I have read the facts.
Customer: replied 2 years ago.

Oh!


 


Is my offer reasonable?


 


Or do I have to meet his £50, and if so, how is it worked out?


 


If he doesn't agree, can I just offer him early termination of the AST without penalty?


 


There is nothing in his AST that refers to providing washing facilities.


 


 

Expert:  Remus2004 replied 2 years ago.
Was the machine there when he moved in?
Customer: replied 2 years ago.

Yes, but removed by the management company in March.

Expert:  Remus2004 replied 2 years ago.
Thanks.

Was it replaced in march?
Customer: replied 2 years ago.

This was the thread Jo ...


 








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,

 


Optional Information:
Province/Country relating to question : Manchester





















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25 March 2014 16:21 (GMT/GMT)




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?




















You replied




25 March 2014 16:52 (GMT/GMT)




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,











Picture

 












You have received an Answer!





25 March 2014 17:08 (GMT/GMT)




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




















You replied




25 March 2014 17:27 (GMT/GMT)




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











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You have received an Answer!





25 March 2014 17:50 (GMT/GMT)





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.




















You replied




25 March 2014 22:54 (GMT/GMT)





Does this show you the lease Jo ...?




 




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




 




Regards,




 




 




 




 




 




 




 













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You have rated an Answer!





26 March 2014 08:37 (GMT/GMT)




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)




Expert:  Remus2004 replied 2 years ago.
Thanks.

He has three options.

1. He can leave if you offer early termination and whether that is acceptable to you or not really depends on how quickly you would let the property out again..


2. He can take what's on offer.


3. He can hold out for £50..


He is not entitled to withhold rent under any circumstances whatsoever and if does then he is then in arrears.

You would be justified in withholding part of deposit to cover those arrears.

He may counterclaim by saying that these facilities were provided.

You will defend that on the basis that they are not provided they are not in the flat and they just happen to be in the basement and he just happened to use them and you therefore have no obligation to replace them or provide clothes washing facilities.

I think £12 per week for a washing machine is probably expensive although I don't know what a launderette costs.

If you were to take launderette costs and add a little bit for the inconvenience that will give you an indication of what is reasonable.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69780
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much Jo.


 


Regards,


 


 

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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