Liability of non-emergency premium price repairs

I believe it means you can notify them at 10 months that the tenancy will end at the 12 month mark but to clarify perhaps @David122 could reply as he’s good at knowing these sort of things.

I hope they improve their behaviour.

It would depend on the exact wording of the break clause.

Incidentally, I think that the circumstances in which that clause you published, (9.21), would be enforceable would be very limited. A landlord is supposed to pick up property defects through inspection. Some defects, (mainly external issues such as the roof), don’t even require the tenant to notify them to the landlord in order the landlord to be in breach of their repairing obligations.

Hi, is there nothing in your contract to cover … acceptable repair time cover or in cases of an emergency. As several who have already replied, I don’t think this is an emergency in September/early October. Depending on history of tenant you could offer to pay half or nothing. Make it very clear, they cannot take things into their own hands as the may engage a cowboy. Supposing they called someone who ended up causing immeasurable damage, who would be liable then, especially if any repair caused bodily injury?

3 Likes

@David122 Thanks for your reply.

The exact wording is followed:

‘12.6. The Initial Term of this tenancy agreement may be terminated by either party giving the other at least two months’ notice in writing, such notice not to expire until at least 12 months after the start of the Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.’

However, on my OpenRent account, it says the following:

'Fixed Term Length: 12 Months
Break Clause: Break clause can be activated after 10 Months**

** This means that from 6th July 2023, you or the tenant(s) can end the tenancy by providing 2 months notice to the other party.’

Would you be able to comment on this please? Does that mean I can notify them in May and end the tenancy in July? Thank you.

@Adele4 I don’t. I pretty much used the default contract provided by OpenRent and added a few custom clauses. I totally agree that this is not an emergency but it seems to me they are treating my property as a hotel / student accommodation which can provide them endless services 24/7. I know this is a serious business, but this is my first time getting myself into this, I used to use a high street agent.

That’s not a well worded contract and if the initial term is 12 months then the break clause is largely redundant. It allows service of the break at 10 months to expire at 12 months. I cant see why you bothered with it to be honest.

I personally, wouldn’t pay as this would give them a very clear message that they cannot take matters into their own hands. You could use the justification that you are now obliged to double check the work “their” workman has done to ensure all safety measures have been followed, so you end up paying twice!

I hope it all works out for you.

2 Likes

It sound as though they are bulling you. Its their fault. Let them take you to court and go through all the hassle only to find out they are responsible/ It clearly state on the AST what you and them should do in the event of repairs needed.
I would get rid of people like that at the earliest opportunity

1 Like

£130 for that hassle? The AST does not say much about repairing to be honest. I totally agree that I would get rid of them at the earliest opportunity. I should have rephrased the default AST in detail to prevent this from occurring. So many mistakes made during this first time OpenRent experience. Do you have any advice on how to find a decent tenant?

If you think about it, it is your property, including heating system and radiators.
They are paying rent to use it.
It is their duty to report any fault to you and for you to organise repairs. The tenant is not allowed to take any initiative or liberties with your property without your consent.
I have bought a two-bed flat with sitting tenants. Husband wife and two kids.
The broke up and without telling me the woman carried on living in there for another year until she could not pay anymore. She left such a mess that I had to repaint walls, all doors, frames and skirting boards. Had to throw away wardrobes, beds and the oven. Fix electrical sockets and re-carpet the all flat. Cost £3500 five years ago.
Since then, I had Three more sets of tenants.
Two couples and now a couple with a kid. All beautiful people.

2 Likes

Sorry to hear that. Did they cover the £3500 cost?

Nope, I only got the month deposit. But I learned my lesson

This is how it starts! They do something and expect you to pay. If you stick to your principles then things in your house will start breaking suddenly :thinking:. Probably best to pay with a warning stating they should not do again.

4 Likes

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.