This page contains a Flash digital edition of a book.
REsidEnTiallettings
that she had given the rent to her daughter and it would appear that he is going to stop paying the rent. He claims that he is
that the daughter has run off with the money. What should I do? legally entitled to do this because the local Citizens Advice
Whilst this is clearly a matter for the police, given the age of Bureau told him so. Is this correct? Can you also inform me
your tenant, perhaps you should inform your local authority’s about the landlord’s repairing obligations and the rights to enter
social work department about this problem. Unfortunately for the property in this situation?
the tenant, her liability for the rent remains despite the fact that
she gave the money to the daughter. a. Tenants can sometimes withhold rent on the basis of using
You have not said so but, presumably, this is an old Rent Act the rent to pay for repairs that the tenant claims the landlord
tenancy? If this is the case, then obtaining possession of the should have carried out but, generally, the tenant has limited
property by way of a court order is not as clear cut as would be rights to set-off in this way.
the case with an assured shorthold tenancy agreement. Rent In certain circumstances, a tenant may use the rent to pay for
arrears and breach of a term of tenancy are covered by Case 1 in repairs or offset rent arrears where the landlord has clearly
the Rent Act 1977. It is a discretionary rather than a mandatory breached a repairing obligation and has failed or refused to carry
ground for possession and the landlord must prove that it is out the repairs. This right is provided under common law and
reasonable to make the possession order in addition to showing may only be taken in very specific circumstances and according
that details of the particular Case are applicable. to a clearly defined procedure. The tenant must inform the
The court enjoys extensive powers in such instances and can landlord that he intends to carry out the repairs himself and
issue suspended possession orders. If the daughter was to blame submit any estimates, in order to allow the landlord a chance to
a judge is unlikely to grant possession and evict such an elderly carry out the works himself. The tenant can only withhold the
and vulnerable person, and you would not get your order. If such amount of the repair but not for recouping damages or generally
action is to be taken, then legal advice from an expert in Rent withhold rent pending completion of the works.
Act actions is strongly advisable.
oBligations to rEpair
ExtEnt of guarantEE The landlord’s repairing obligations are set out in section 11 of
Q. I had arranged to let a property to a group of four students on the Landlord and Tenant Act 1985:
a joint and several tenancy agreement. In such cases I always
arrange for the students’ parents to sign a guarantor agreement.

(a) to keep in repair the structure and exterior of the dwell-
The parents were duly signed up to the guarantor agreement ing-house (including drains, gutters and external pipes),
and the tenants moved in.
Then it turns out that one of the parents has contacted me

(b) to keep in repair and proper working order the installa-
saying that, whilst she was happy to guarantee her son’s tions in the dwelling-house for the supply of water, gas and
compliance with the terms of the tenancy agreement, she electricity and for sanitation (including basins, sinks, baths
couldn’t possibly afford to be a guarantor for all the other tenants and sanitary conveniences, but not other fixtures, fittings and
as well and that I should have known that when she signed the appliances for making use of the supply of water, gas or
guarantor agreement. What is my position? electricity), and
a. A contract of guarantee or indemnity may expressly state that

(c) to keep in repair and proper working order the
it may be terminated by the guarantor on the giving of notice, installations in the dwelling-house for space heating and
usually such notice will be stated as having to be in writing. heating water.
However, if the agreement is silent on the ability to serve notice
and end it before the end of the fixed term, then there is no landlord’s right of accEss
implied right to give notice. A landlord’s rights of access to a property are set out in section
This parent is bound to guarantee the terms of the tenancy 16 of the Housing Act 1988 stating that;
jointly and severally for all the tenants. But by implication she “It shall be an implied term of every assured tenancy that the
shares that responsibility with all the other students’ parents who tenant shall afford to the landlord access to the dwelling-house
have also signed guarantee agreements. let on the tenancy and all reasonable facilities for executing
therein any repairs which the landlord is entitled to execute.”
rEpairs, accEss and withholding rEnt When the landlord is under an implied covenant to repair, he
Q. I am having some trouble with one of the tenants in a or any person authorised by him in writing may, at reasonable
property that I manage. He keeps complaining about repairs that times of the day and on giving 24 hours notice in writing to the
he says need doing but, when we send someone round to have a occupier, enter the premises for the purpose of viewing their
look, he is never in at the agreed time. The tenant is now saying condition and state of repair.
PROPERTYdrum JUNE 2009 51
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76
Produced with Yudu - www.yudu.com