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allyt
12-02-2009, 17:33 PM
Good evening
My property has an alarm. There was no mention of this in the tenancy agreement. It was not discussed at viewing. It is not on the inventory. Am I obliged to make sure it is working. It was working when I left the property, but developed a fault in the meantime which the tenant discovered and demanded repair. Any advice appreciated. (I am the LL)

Preston
12-02-2009, 19:28 PM
Good evening
My property has an alarm. There was no mention of this in the tenancy agreement. It was not discussed at viewing. It is not on the inventory. Am I obliged to make sure it is working. It was working when I left the property, but developed a fault in the meantime which the tenant discovered and demanded repair. Any advice appreciated. (I am the LL)

Hi

Well, its not covered by section 11 of the LL & T Act, so if there really is no evidence about any agreement in relaton to its repair, it is quite possible that you are not obliged to repair it. The tenant's argument might be that they were led to believe that it would be maintained. From your point of view, its always easier to explicitly "contract out" of such items if you do not want to maintain them. The same point applies to items such as kitchen appliances.

Having said all this, whilst the alarm is not mentioned in the TA, it is worth looking closely at the clauses in the agreement on repairs, just to make sure that they don't imply a wider obligation than you might have intended.

Preston

bunny
12-02-2009, 19:44 PM
I would agree with Preston that probably, you don't have to repair it.

However, I am interested to know how the tenants are using the alarm if it was not mentioned - ie you must have supplied the code I would assume and therefore they have deemed it to be an alarm in full working order. Do correct me if I am wrong.

I always fit a burglar alarm to my properties if one is not already installed and I expressly state in the TA that it should be used.

As a LL, I'd rather pay for a burglar alarm and have it used than have to pay for the repairs of a burglary and any resulting damage, distresssed tenants etc etc. (albeit I appreciate a burglar alarm does not mean that you will not be burgled but it reduces the risk). Also, if your tenants feel more secure having an alarm then I would have it repaired in order to keep up good relations irrespective of the legalities of it.

mind the gap
12-02-2009, 19:47 PM
I would agree with Preston that probably, you don't have to repair it.

However, I am interested to know how the tenants are using the alarm if it was not mentioned - ie you must have supplied the code I would assume and therefore they have deemed it to be an alarm in full working order. Do correct me if I am wrong.

I always fit a burglar alarm to my properties if one is not already installed and I expressly state in the TA that it should be used.

As a LL, I'd rather pay for a burglar alarm and have it used than have to pay for the repairs of a burglary and any resulting damage, distresssed tenants etc etc. (albeit I appreciate a burglar alarm does not mean that you will not be burgled but it reduces the risk). Also, if your tenants feel more secure having an alarm then I would have it repaired in order to keep up good relations irrespective of the legalities of it.

I would endorse everything bunny has just said. Who carried out the inventory, by the way?

allyt
13-02-2009, 18:04 PM
Thanks to everyone for replying. I have had the alarm fixed actually. I am checking these things because my tenant has become awkward. I let him move in two days before the tenancy started. Didn't get the first payment for two weeks after his move in date then his second payment he changed the date by three weeks without any notice. Because I sent a rather official letter he seems to have taken offence and is quite rude. I never wanted to create relationship problems but it seems almost unavoidable when letting a property. The house he is renting could be the house of most people's dreams but he manages to find fault with anything. I attend to his requests asap and thought I was being a good landlord. However, since he has refused entry for maintenance work, continues to run a business from the property (which is against the terms of the agreement) and doesn't acknowledge my communication with him, I am losing patience. As soon as his tenancy is finished, i'm out of it. It's too much trouble.