Is modifications in a standard AST legally binding for non payment of rent ? **RESOLVED**

[Andyorch]

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I have rented my house to a company who use it to house people.

 

I think you are going to have to expand on this if you want practical advice. Who is the company what type of rental agreement do you have with the company ?  Does your agreement allow for them to do their own repairs ? Does your agreement allow them to deduct costs from the rental income ? What arrangements do you have in the agreement for subletting ?

 

You was not informed of the repairs which were required nor was you given any advance notice with quotations ?

 

Andy

[Andyorch]

Have they included the original paperwork from the company that did  the work and the scaffolding company that hired the scaffold ?

Have you had a visual check to see if any work has been carried out on the main tiled roof ?

 

 

 

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[Andyorch]

Well ask them for all the original paperwork so you can speak to the companies concerned......check reports and quotations etc etc..also advise them that they are in breach of the tenancy agreement by withholding rent and that you expect the rent to be paid by x date until this matter has been fully investigated and resolved.

[Andyorch]

that is correct...you wasn't informed beforehand therefore they have not complied with the terms of the agreement. You are allowed to request the original documents its not an admittance or acceptance its the past no use informing you after the work has been completed nobody would pay out on word of mouth.

 

Are you VAT registered  do you have Building insurance you would need the original documents to make a possible claim...claim back VAT.

Have you spoken to the neighbor's and asked was there any scaffolding erected on such a date and was any work carried out on the main roof ?

 

 

 

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[Andyorch]

Under no circumstances must rent be withheld...the repairs are a separate matter and have yet to be verified or decided if it was lawful for the tenant to carry them out without your knowledge.

[Andyorch]

Home Office contractor admits putting vulnerable asylum seekers at risk – then backtracks hours later

WWW.INDEPENDENT.CO.UK

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Chief operating officer of Mears says company didn’t carry out vulnerability assessments before moving trafficking victims and pregnant women into hotel accommodation – then claims it did

 

[Andyorch]

There seems to be a misunderstanding here on this topic, this is no normal situation of Landlord/tenants and rent arrears.....

 

Please read my Post #16. 

[Andyorch]

Yes Im aware of that.....I posted it to bring to the attention that Mears are not a Letting Agency/Estate Agent as such ...they are A Goverment Contractor appointed to house Asylum seekers and as such no rent is paid by the sub tenants.

[Andyorch]

Yes it would stand but you need to do your groundwork first and exhaust the suggestions that I have advised.

 

Have you requested all the original paperwork concerned with the repairs ?

Have you spoken to neighbor's to see if they recall roof work being carried out ? 

 

Once you have covered the above and if no paperwork is forthcoming I would advise them of the rent arrears and put them on notice a section 8 notice is being considered and that they have x days to clear the arrear's otherwise it will be served without notice.

[Andyorch]

Lets not get bogged down here on what type of agreement and with who......they cant withhold rent for whatever reason ...no agreement would ever be drafted that way.

 

Any works and dispute are a separate matter and cannot be offset by withholding rent.

[Andyorch]

Update your topic once received and we can mark your topic resolved.

 

Well done 

 

Andy