Landlord and Tenant Act question.

[ajlelectronics]

This one has my brain in a spin, it's not part of my civil legal experience so I am floundering a bit. I got caught out with one clause during my last bout in court with a tenant and it has given me the benefit of a "Witch's Warning". I can be an expert in the wording of the Act fairly quickly of course, but not so much with the real life "What ifs" without more experience.

The clause referred to says that if there is no way to heat the property and have hot water, the premises are legally uninhabitable, regardless of the reason or duration. As an aside, supplying the tenant with a portable gas heater doesn't help apparently!

To the question then, which concerns my current tenant. First warning bell was having to receive a legal demand before paying December's rent, despite friendly and frequent text messages to him. Finally it went into the bank and January appeared on time.
By coincidence, the gas safety certificate expires 28th January so I got my man out as usual to do the two flats. He did the other one, but the one under discussion had no gas. Further inspection revealed that they had let the PAYG meter run out and used reserve too.
My gas man tells me that I am allowed 14 months from a certificate to renew it, at the end of that time I am obliged to cap off the meter. However, that then means that the property is uninhabitable even though it is out of my control. I have no idea what all this is going to mean, but I have sent text messages to the tenant outling the Act's requirement for capping.

I am unable to see him personally or I would. It appeared that although he leased the flat in his name, he has been subletting to various family members (allegedly) which I have not grumbled about as long as it is kept nice and rent paid.

 

[Jasper42]

I don’t rent out but if it was me, I’d put £5 on the meter to cover the gas check. Not ideal but gets rid of the problem.

 

[Agroshield]

The clause referred to says that if there is no way to heat the property and have hot water, the premises are legally uninhabitable

Please could you give a reference for that clause.

To me, 9A(3)(a) here: https://www.legislation.gov.uk/ukpga/1985/70/2023-12-26 seems relevant. Section 10 lists what constitutes (lack of) fitness.

 

[ajlelectronics]

Please could you give a reference for that clause.

I was given that information by the judge in my last case. Boiler had failed and I moved Heaven and Earth to get it fixed as well as supplying heaters and offering alternative accomodation. I still had to refund the ten days rent, under the Act she said. I haven't yet studied the Act but I will do.

 

[ajlelectronics]

Please could you give a reference for that clause.

To me, 9A(3)(a) here: https://www.legislation.gov.uk/ukpga/1985/70/2023-12-26 seems relevant. Section 10 lists what constitutes (lack of) fitness.

Speed reading that suggests that I will have no liability towards them...

(3)The implied covenant is also not to be taken as imposing on the lessor any liability in respect of the dwelling being unfit for human habitation if the unfitness is wholly or mainly attributable to—

(a)the lessee's own breach of covenant, or

 

[Pete.]

If a tenant letting the credit run out on the gas meter amounted to an inability to heat the property or provide hot water, they would all be doing it and claiming rent-free accomodation.

Personally I would never allow sub-letting in any capacity. Letting something like that slide is empowering the tenant to use your property as he pleases and leaves you liable for anything he does to 'his tenants' that breaks landlord/tenant rules.

 

[ajlelectronics]

If a tenant letting the credit run out on the gas meter amounted to an inability to heat the property or provide hot water, they would all be doing it and claiming rent-free accomodation.

It's not so much that as when the gas meter has to be capped. then they can't top it up.

 

[ajlelectronics]

Personally I would never allow sub-letting in any capacity. Letting something like that slide is empowering the tenant to use your property as he pleases and leaves you liable for anything he does to 'his tenants' that breaks landlord/tenant rules.

You are absolutely correct. I am just bothered about the losses I will suffer from a tenancy changeover and any repairs needed.

 

[Stupoty]

I am unable to see him personally or I would. It appeared that although he leased the flat in his name, he has been subletting to various family members (allegedly) which I have not grumbled about as long as it is kept nice and rent paid.

Evict them , he is trying to f$*k you over, presumably you have disallowed sub letting in the tenancy.

Stu

 

[DAPPH]

Please could you give a reference for that clause.

To me, 9A(3)(a) here: https://www.legislation.gov.uk/ukpga/1985/70/2023-12-26 seems relevant. Section 10 lists what constitutes (lack of) fitness.

Thanks for that info guys , my daughter was no fault evicted after a month of no heating or hot water due to landlord not getting boiler fixed mould broke out big time . The scoundrels are poking at me to pay for their loss of rent as daugther was told by Rent Wales advisors to stop paying till it was fixed by the landlord .

 

[tom2207]

once sub letting I would imagine your tenants agreement has been broken , thats the route I would be looking dowm eviction order .

 

[tom2207]

Thanks for that info guys , my daughter was no fault evicted after a month of no heating or hot water due to landlord not getting boiler fixed mould broke out big time . The scoundrels are poking at me to pay for their loss of rent as daugther was told by Rent Wales advisors to stop paying till it was fixed by the landlord .

or were they ,,, verbal advise is not worth the paper its written on , Ive had tenants tell me such things , but if its not backed up with the relevant paperwork whos word are you taking ,,,, be wary.

 

[DAPPH]

The daughters eviction was closely supported & supervised by an appointed social services councillor . The No fault thing was agreed in court . Apparently I am not allowed to hear or read what was said at the court due to data protection . Though I do have 300 plus good detailed pictures of the rain damage and other faults reported from the begining of their tenancy to the day it was handed over 15 months later in front of official social service witnesses. No claim was offered by the landlords agent despite being asked if anything was out standing ,

 

[Stueeee]

once sub letting I would imagine your tenants agreement has been broken , thats the route I would be looking dowm eviction order .

Subletting is a ground for a section 8 possession order. Having recently been round the section 21 (ignored) followed by getting a section 8 possession order (ignored), and finally applying for a bailliff warrant, I'm not sure I'd bother issuing a section 21 notice in future as it just adds delay if you have a stroppy tenant.

 

[gaz1]

This one has my brain in a spin, it's not part of my civil legal experience so I am floundering a bit. I got caught out with one clause during my last bout in court with a tenant and it has given me the benefit of a "Witch's Warning". I can be an expert in the wording of the Act fairly quickly of course, but not so much with the real life "What ifs" without more experience.

The clause referred to says that if there is no way to heat the property and have hot water, the premises are legally uninhabitable, regardless of the reason or duration. As an aside, supplying the tenant with a portable gas heater doesn't help apparently!

By coincidence, the gas safety certificate expires 28th January so I got my man out as usual to do the two flats. He did the other one, but the one under discussion had no gas. Further inspection revealed that they had let the PAYG meter run out and used reserve too.

I am unable to see him personally or I would. It appeared that although he leased the flat in his name, he has been subletting to various family members (allegedly) which I have not grumbled about as long as it is kept nice and rent paid.

your responsibility is for inspecting the appliances and making them safe

i see what theyve tried to do though

your responibility dosnt include topping up the payg meter that is the clients responsability not yours

however your man needs to inspect the property not you and if thats been refused you cannot be held responsible ( ive seen that claim before used often )

however since its been used in court lets say then you need photo evidence of the meter and writing for the judge to say that the meter was out of credit and that the claiment has used false allegations to prolong the court case under false pretences ( refused access ) false allegations

you can then ask for 24hr eviction

sub letting its eviction imediatley

 

[dobbslc]

Get a fiver in the meter, get the gas cert done ready for the next tenant and evict him asap.
Sounds like you have the grounds to get rid fast here so I'd use it.

 

[ajlelectronics]

Get a fiver in the meter, get the gas cert done ready for the next tenant and evict him asap.
Sounds like you have the grounds to get rid fast here so I'd use it.

How do you top up someone else's smart meter?

 

[gaz1]

Get a fiver in the meter, get the gas cert done ready for the next tenant and evict him asap.
Sounds like you have the grounds to get rid fast here so I'd use it.

How do you top up someone else's smart meter?

dont top up until there gone, your not responsible for there debt on the meter be warned you may have to find 50-100.00 just to get rid of that debt on that meter just to get a gas cert ( ive seen it higher in some cases if they use emergency credit it tots up more and more of a debt onto the meter until you pay it back its like a loan of debt and it comes with a steep payback as i dont like it myself )

when gone you need a new gas contract which then they reset the meter to zero then get your gas cert

as was saying it could be anyone in that property including refugees all paying that numpty for rent that your not seeing it happens alot you dont allow your property that you rent to be rented to others if you do you want a new contract with them and end the other contract

with evidence you provide that to the judge in court he will except that your not responsible for the meter being out of credit whilst the client is and therefore quash any complaint of no heating within the property

a note here if your testing the propertys appliances for a gas cert and many landlords do forget this you should really refund the difference and yes its only a pound or 2 but really it shouldnt come out of residents pockets

subletting to others instead of the tennent should be met with immediate eviction of them or a new tennant contract

or you face squating sitters in a rented property and that should be about a month to evict and no rights to heating but it has its issues ive seen many a property ripped out of gear due to some of these people

 

[dobbslc]

How do you top up someone else's smart meter?

No idea I'm on oil

 

[gaz1]

No idea I'm on oil

just incase many dont know you get a standared token meter keycard or whatever they are called nowadays

you have 4.00 - 5.00 emergency credit i do believe its 4.00 emergency credit on the meter once the meter hits 0.00 a button needs to be pressed to get to use that emergency credit

once that emergency credit is used up thats it no more gas and then it starts to charge you, even if you are not using the gas this is the part i hate about them token meters as i dont agree that it should still continue to charge you after its been used up

but it does and thats how you can end up with 50-150 in debt with the gas so easily if you cant afford to pay that payment back

i will explain further: in 2 weeks alone that debt will have reached 10.00 if you owe a previous bill it will be higher

this debt needs to be paid back before the meter will give you any gas

so if its 4.00 e debt then you need to pay in 8.00, to clear that emergency payment 4.00 and another 4.00 in credit

also once used it dosnt give you another option to use it again

only a new tenant gets a new e credit put back on the meter