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Question Title: Disrepair
| Question: 246 |
| Section 18 of our assured shorthold tenancy agreement states that it is the tenants responsibility to report to the Landlord or his Agents forthwith all defects and lack of repair in writing. The tenants in question failed to do this and went directly to the local authority health department and have now got a notice of disrepair on the property. The notice requires the damp course to be checked and that the front room floor needs checking. Our clients are in the process of obtaining estimates for this work and the tenants have insisted that the local authority pay the housing benefit to themselves. The tenants have informed us that they intend to withhold payment of rent until such a time that the repairs are carried out to their satisfaction. The rent is currently more than six weeks in arrears. I am aware that the council at their discretion can pay the housing benefit directly to ourselves once the tenants become eight weeks in arrears, but your comments and possible an indication of how I should approach the problem with possible guidelines would be greatly appreciated.
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| Answer: |
| Arguably, the tenant has given you notice of the disrepair albeit via a third party and so is not in breach of term 18 of the tenancy agreement. The landlord's liability commences when the notice of disrepair is served. Once the landlord is aware of the disrepair the repairs must then be undertaken in a 'reasonable time'. 'Reasonable time' will be determined by the type and extent of the disrepair. A tenant may not withhold the rent pending the outcome of the repairs unless the property is uninhabitable. The landlord is perfectly within his rights to take the tenant to court for rent arrears and thus seek possession. He should write to the tenants advising them that they are in arrears with their rent and that if this situation is not rectified they will be forced to seek possession of the property and also advising them to seek legal advice.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 2002 page 21 |
letting-update-journal.html
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 28 |
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factsheet-28
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For more information, discuss on the Forum
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