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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My sister and I use a property management agency to rent out

Resolved Question:

My sister and I use a property management agency to rent out our house. In 2013 the chimney sweep did his annual sweep and reported that there was dangerous leakage of fumes and gasses into the bedroom flu. The agent emailed and asked if we wanted to repair and we quickly replied yes. In February we asked whether it had been done. The response was no because of windy weather. In May we asked again. Still no, was on the list of things to do. The tenant put notice in February 2015 to move out. We asked again about the chimney and learned that in 2014 the contractor had made an appointment with the tenant to start work, built scaffolding, then the tenant told him to leave and since then refused to allow the work to be scheduled saying it was fine and they would not be using the open fireplace in the living room. Can a tenant do this? The reasoning behind it according to the agent was that they had a dog. The agent said it is within the tenant's rights to refuse repairs to be done on the house. Secondly, in the contract it was stated that the tenant was responsible for maintaining the garden. It was a mess. The agent said because we did not provide tools the tenant did not have to do it or only to the best of his ability without having tools. Please can you give guidance on these two issues? We do not intend to take any money from the tenant's bond but would like to know for future reference.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Does the tenancy agreement say you can or can't do repairs at all please?

Expert:  Ash replied 2 years ago.
I can't see or open the tenancy agreements sadly.

Can you tell me if they allow that the property be repaired and the tenancy must allow access?

Alex
Customer: replied 2 years ago.

10. Access


10.1 to allow the landlord, agent or supervisor to enter the property with or without workmen and with all necessary equipment.


10.2 Except in an emergency, the landlord will give not less than 24 hours.


 


 

Expert:  Ash replied 2 years ago.

I assume you gave 24 hours notice?

Customer: replied 2 years ago.

Yes. In fact the tenant coordinated with the contractor himself, the contractor came and set up scaffolding etc. and the next day the tenant told him to go away and refused to reschedule or accept further appointments over a period of a year.

Expert:  Ash replied 2 years ago.
1) Garden - if the agreement says it is down to the tenant then regardless of whether or not you gave tools, the tenant is responsible.

The tenant would have known there was a garden and signed the contract to agree responsibility. Therefore the tenant is liable for the garden.

2) Repairs - the tenant again should allow repairs. If the tenant does not sadly all you can do here is seek a Court injunction to require access.

The same as above applies, there was an agreement, it was signed saying 24 hours notice needed.

Can I clarify anything for you about this today please?

Alex
Customer: replied 2 years ago.

the clause in the contract was very explicit.


to keep the garden in the condition and style at the commencement of tenancy


to keep borders, paths and patios weeded.


not to lop, prune, remove or destroy existing plants, tees or shrubs unless it is required to keep in good order without the consent of the landlord or the agent.


the tenant will not be under any obligation to pay for or replace any annual plants that have been left on the property.


Is the agent wrong to tell me, despite all this being in the contract, that if the tenant does not want to allow repairs to be done, he doesn't have to despite several days of notice being given? or that they didn't need to do any of the above work?

Expert:  Ash replied 2 years ago.
The agent is wrong on all counts.

Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.