Arsalan*, who is a landlord, contacted us regarding a repair issue. He is facing ongoing issues regarding a leaking roof. He mentioned not having the required funds to completely repair the roof. He did, however, carry out some repairs, but the roof started leaking again.
He was facing an issue with his tenants as they were actively looking for somewhere else to live and had stopped paying rent until repairs were completed. The tenants now owed Arsalan £2,000 in arrears.
Arsalan wished the tenants to leave, but they were still within a fixed term and had been there for less than one year. Arsalan has stated that he may not be able to afford the repairs at this time.
Our advice
We provided Arsalan with advice to help him understand the legal options available in this situation.
We advised Arsalan that:
• He may consider a referral to our mediation service. This could help them come to an agreement with the tenants regarding the arrears and arrange the repairs without the tenancy having to end.
• Arsalan may also be able to reach an agreement with the tenants themselves.
• He may wish to ask a tradesman for a quote to see if the repairs are affordable.
• There is a risk that, if the repairs are not carried out, the tenants may contact Environmental Health, who then can serve the landlord with a statutory notice. This may require the landlord to carry out the repairs within a certain period.
• Repair issues and rent arrears are two separate matters. Tenants are still liable to pay the rent if repairs are required. The landlord may, however, consider reducing rent while the repairs are being carried out as a goodwill gesture.
• If no agreement is possible with the tenants, the landlord may consider serving a Notice to Quit and state the breach of the tenancy agreement which has occurred, which would be the rent arrears.
• The Notice to Quit would also have to give the tenants at least four weeks to leave the property.
• The landlord should also be aware that serving a valid Notice to Quit is only the first step in the full legal process to end a tenancy. If the tenants remain in the property beyond the expiry of the Notice to Quit, the landlord will have to contact a solicitor to obtain a Possession Order. This can be a lengthy and costly process. It may be preferable to reach an agreement with the tenants, for example, through our mediation service.
*Name has been changed to protect privacy