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Reading_up
25-01-2009, 11:25 AM
I am seeking advice on hopefully my last interaction with my problem tenant.

Background;
The T has called police alleged assault and trespass against me, handed notice to leave then not paid outstanding rent, agreed to pay my tradespersons according to her contractual obligations and then claimeed no money and not paid, leaving me to pay the bill as I arranged for them to do the work T requested. T has also requested all communication in future is by recorded delivery not text, phone or hand delivered letter. Under legal advise I have served a small claims court notice for the outstanding rent as I already have agreement T will vacate the property as agreed, so do not need to do reposssesion due to non payment.

Problem:
The fridge has broken and T wants it repaired or replaced immediately. I have no money to do so as I have had to use my savings to cover the shortfall on the rent because T has not paid. T is moving out in 10 days. I am unable to get to the property today. Should I reply by registered letter to T giving the requested 24 hours notice before visiting the property in order to inspect the "broken" fridge, then order the fridge and await delivery of up to 14 days or should I ring and get the fridge replaced asap?

Preston
25-01-2009, 12:03 PM
I am seeking advice on hopefully my last interaction with my problem tenant.

Background;
The T has called police alleged assault and trespass against me, handed notice to leave then not paid outstanding rent, agreed to pay my tradespersons according to her contractual obligations and then claimeed no money and not paid, leaving me to pay the bill as I arranged for them to do the work T requested. T has also requested all communication in future is by recorded delivery not text, phone or hand delivered letter. Under legal advise I have served a small claims court notice for the outstanding rent as I already have agreement T will vacate the property as agreed, so do not need to do reposssesion due to non payment.

Problem:
The fridge has broken and T wants it repaired or replaced immediately. I have no money to do so as I have had to use my savings to cover the shortfall on the rent because T has not paid. T is moving out in 10 days. I am unable to get to the property today. Should I reply by registered letter to T giving the requested 24 hours notice before visiting the property in order to inspect the "broken" fridge, then order the fridge and await delivery of up to 14 days or should I ring and get the fridge replaced asap?

Hi

As you probably know, fridges are not covered by s11 of the 1985 LL and Tenant Act, so I assume you have established that you are responsible for repairing it?

Does the heading to your thread imply that the tenant has broken the appliance? If so, then you can probably ask them to repair it.

It is certainly reasonable to inspect it before you decide what to do. If it takes longer than 10 days to sort it out, who knows whether the tenant would get anywhere suing you for this, but my guess is probably not. The slight problem you have though is that you are going to give them the ideal opportunity to try - by way of a counter claim to your action for arrears.

So, its a balance of risks, but I wouldn't worry about it too much so long as you can be seen to be trying to sort it.

Preston

p_cas
25-01-2009, 13:28 PM
No need to replace until youve inspected the appliance. Do this first.

If its something you should repair or replace as a landlord then you can always get a secondhand fridge for very little money. Have a look in the ads in your local paper. The appliance you supply doesnt have to be new. Then decide whether you want to put a new one in after this tenant leaves. A secondhand fridge bought privately might only cost you a tenner (there's secondhand shops around where we are which sell fridges for £30 - guaranteed for 3 months, a private sale would be cheaper).

Reading_up
25-01-2009, 18:35 PM
Hi

As you probably know, fridges are not covered by s11 of the 1985 LL and Tenant Act, so I assume you have established that you are responsible for repairing it?

Does the heading to your thread imply that the tenant has broken the appliance? If so, then you can probably ask them to repair it.

It is certainly reasonable to inspect it before you decide what to do. If it takes longer than 10 days to sort it out, who knows whether the tenant would get anywhere suing you for this, but my guess is probably not. The slight problem you have though is that you are going to give them the ideal opportunity to try - by way of a counter claim to your action for arrears.

So, its a balance of risks, but I wouldn't worry about it too much so long as you can be seen to be trying to sort it.

Preston
Hi Preston,

A working fridge was in situ with no issues, T has become impossible to communicate with if I require anything, yet the second anything breaks T wants an instant response. T has also been known in the past to claim broken items, call repairman for them to tell T they don't know how to use item. This leaves an angry repairman, who I use, after the money. I pay them and state to T this will come off deposit as no fault found. Since there is no deposit left and T is refusing to pay rent, I don't want to throw good money after bad.

I actually have a fully working almost new fridge from a house clearance, but I do not want to install it until T has left in case they break that too!

I suppose I want to know is it reasonable to play T at their own game and insist all communication is done by recorded delivery before any action can be taken? This was a demand made by T after informing me T was not going to pay rent after serving notice to leave.

mind the gap
25-01-2009, 18:42 PM
I suppose I want to know is it reasonable to play T at their own game and insist all communication is done by recorded delivery before any action can be taken? This was a demand made by T after informing me T was not going to pay rent after serving notice to leave.

I wouldn't bother insisting on the recorded delivery malarkey, but I think it is entirely reasonable not to install the new fridge yet - it's only 10 days when all's said and done. Write/email him advising that new fridge is on order and you will notify him of delivery date when you have it. DD will be after he vacates, of course.

It's not as if it's the middle of summer, is it? If, as you suggest, he has the 'reverse Midas touch' when it comes to appliances, he may even be better suited to a low-tech model of fridge - such as a stacker box in the back yard, with tightly fitting lid! Let him sort that one out. He sounds a pain. Good luck with the move-out.