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

[axil23]

I have rented my house to a company who use it to house people. Recently the flat roof developed a leak and they asked me to fix it which I did the next day. 6 months later I get a bill for £1900 for scaffolding, various surveys for some tiles they replaced. My roofer was on the same roof and did not see any tiles out. 

 

They are now deducting the £1,900 from the rent due. This is absolutely ridiculous as I got the work done and they never gave me notice about the tiles. They said it was the flat roof which I got fixed. 

 

Now my question is can they do this? I know a tenant can't as they need to pay the rent. But can they do this considering they have their own 20 page tenancy in place covering them for everything. 

Edited January 6, 2022 by axil23

[axil23]

Sorry about that. So I am a LL and have rented the property directly to Mears who use it to house Asylum Seekers. 

 

They informed me on the 7th of June about a leak in the flat roof (no tiles) I sent someone the next day to look at it and got the work done on the 11th of June. Kept them updated on the both the visit to inspect the damage and once repair was done. Got email reply back from them on the inspection visit (8th June) to allow visit but never heard back from them once I informed them on the 11th that the work was done. I wasn't too worried by this as they never reply to emails normally.

 

I get a bill from them in December for £1,800. I asked them what this was for and they advised that it was for the repair to the main part of the roof (replacement of tiles) I was never advised of this. I have all communication on email there was nothing discussed via phone calls. 

 

The contract states that I need to fix any roof issues within 5 days. I did it within 4 days and sent email confirmation of the same. 

 

They are now saying the roof was inspected on the 10th of June and works were found to be not done so they got them done. This was 3 days after the email from them to notify me of pending work. Their own contract states that I get 5 days to get roof work done. 

 

 I was advised it was a leaking flat roof. The repair bill I have got is for fixing the tiles on the roof.  I was not told about the roof before any work was done to it? 

 

Their contract states the following - 

Quote

2. To give written notice (save in case of emergency or urgent need in which case the Tenant shall be deemed to have the Landlord's authority to effect necessary repairs itself subject to the Tenant's right of set off) to the Landlord of any items to the Property whether structural or otherwise which require replacing by the Landlord and of any items of repair, maintenance defect or rectification to the Property whether structural or otherwise required to be undertaken by the Landlord in accordance with its covenants hereunder such notice to require the Landlord to attend and perform such repairs as soon as reasonably practicable but in any case, within the response times set out in Schedule Four hereof.

3. 3.5  Should the Landlord fail to perform the said works within the notice period in accordance with its covenants hereunder the Tenant may undertake such works and any costs incurred by the Tenant will be a debt due from the Landlord payable on demand save that the Tenant may elect, following completion of the works, to serve the Landlord with a Notice of Set Off of the costs of such works together with a copy of the VAT invoice for the works and deduct the amount due from any sums payable to the Landlord at any stage. For the avoidance of doubt, any sums not set off will still be a debt due from the Landlord payable on demand.

 

[axil23]

They have sent me their own bill with a breakdown of the costs. Not any of the original bills. 

 

Yeah I have been and can't see any work that was done. Although its been 6 months now so the work could have blended in? 

 

But my points are - 

 

1. I was asked to fix flat roof via email. I fixed flat roof. Was not informed about the tiles at anytime until now. My roofer did a visual inspection of the roof then and did not find any issues. I have this in writing from him. 

2. I did the work within the given timescales. 

3. They informed me 7th and actioned the work on the 10th themselves which was before the 5 days as per contract. 

 

Honestly £1,800 to replace a few tiles is day light robbery. They are now not paying me rent so in arrears. 

[axil23]

That was my original question. Can they withhold rent? In their tenancy it states the following. 

 

Quote

Should the Landlord fail to perform the said works within the notice period in accordance with its covenants hereunder the Tenant may undertake such works and any costs incurred by the Tenant will be a debt due from the Landlord payable on demand save that the Tenant may elect, following completion of the works, to serve the Landlord with a Notice of Set Off of the costs of such works together with a copy of the VAT invoice for the works and deduct the amount due from any sums payable to the Landlord at any stage. For the avoidance of doubt, any sums not set off will still be a debt due from the Landlord payable on demand.

 

In the past as a LL I have been advised that I can write what I want in a contract but in the end its the basic laws of AST's that will be used by the court. Is that true? 

Edited January 7, 2022 by axil23

[axil23]

7 minutes ago, Andyorch said:

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.

 

But if I ask them for the original documents and start looking into that it means I admit the work was informed to me and pending. My stance at the present moment is that they failed to inform me about any tile work so I am not responsible for the work done. As per their own terms they need to inform me of work before doing it. 

[axil23]

1 hour ago, axil23 said:

That was my original question. Can they withhold rent? In their tenancy it states the following. 

 

 

In the past as a LL I have been advised that I can write what I want in a contract but in the end its the basic laws of AST's that will be used by the court. Is that true? 

What about this? Are they allowed to withhold rent?  
 

Thank you Andyorch. You have been so helpful. 

[axil23]

On 07/01/2022 at 13:55, Andyorch said:

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 

Perfect. Thanks. 
 

Will update once I hear back from them. 

[axil23]

It’s Mears group who have the house from me directly. They use it to house asylum seekers from a govt contract that they have. 
 

I have looked at carefully at the agreement and it gives me 5 days to get work done for slipped tiles. I did the work and emailed them confirmation within 4 days. 
 

it’s the withholding rent part that I am not happy with. As this could take weeks to resolve. 

[axil23]

Since I know I have done everything by their rule book. Can I charge them any late payment or fees to send out reminder letters? I can't right? 

[axil23]

No they haven't sent anything. It was only once I questioned them about the missing rent this month that I got a email back to say its being withheld till the invoice is cleared. 

Yes the payments are normally on time. As of now they are one month late. 

[axil23]

Can I wait till they are 2 months in arrears and issue a section 8?  

[axil23]

On my AST the tenant is listed as "Mears Limited" so I assumed they are are the ones who would need to pay the rent and not the people actually living in the property since I don't know who they are. 

 

The tenants are not actually paying rent to Mears who have a govt contract so are getting the money direct. I have noticed there have been a few different tenants in the last 2 years. 

 

Ground would be 2 months in arrears. 

 

 

 

Edited January 11, 2022 by axil23

[axil23]

But my AST on the property is with Mears. 

 

On the AST it states "

"The Tenant"
Mears Limited of Innova House, Kinetic Crescent" 

 

So aren't they the tenant? If they don't pay me they are the ones late on the rent? 

 

This isn't an estate agency whose contract states they will collect rent from tenant and pay to me. The tenant is Mears. 

 

 

[axil23]

Andy post 16 is News about Mears putting Asylum seekers into hotels. As for the Asylum seekers getting paid rent directly to forward to Mears that is not the case. On my tenancy it states the following in which Mears is the tenant 

 

Quote

2. Tenant Covenants
   The Tenant agrees with the Landlord:

3.1 From the Start Date to pay the Rent monthly on the last working day of the month such rent to be paid 30 days in arrears SUBJECT TO the right of the Tenant to set off against the Rent and other monies due hereunder if any in relation to the Property and/or against any rents or other monies or charges falling to be paid to the Landlord by the Tenant in relation to any other property let by the Landlord to the Tenant all sums paid and costs incurred by it in effecting any repair, rectification of defects and/or maintenance works to or at the Property that the Landlord should do or have done but has failed to do or effect or otherwise as specified in the Notice of Set Off and similarly to offset costs incurred by the Tenant in replacing any fixtures fittings and equipment

 

 

 

Think they may use this but then again they need to prove that they did the work after informing me which they have not. 

Edited January 11, 2022 by axil23

[axil23]

Ah ok. I thought you did. Thanks! 

 

So in this case would a section 8 stand? 

[axil23]

34 minutes ago, 45002 said:

 

In the agreement you have with Mears Limited, who does it say the rent should be paid to

 

You axil23 or Mears Limited ?

 

Agreement states. 

 

Landlord - Me

 

Tenant - Mears

 

The rent is due to me from the tenant Mears. 

[axil23]

43 minutes ago, Andyorch said:

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.

 

I have spoken with the downstairs tenants who can't recall any work having been done. 

 

Requested the paperwork and have heard nothing back. 

 

Have asked them to clarify why did they get the rood fixed without informing me. They only informed me that the flat roof was leaking. According to the terms of the AST they need to inform me and give me 5 days notice. No reply. 

[axil23]

It states lease on top of the contract rather then AST. 

[axil23]

6 hours ago, stu007 said:

2.  The Asylum Seekers were then placed in the Landlord Property under an AST which is an Assured Shorthold Tenancy (AST) by Mear Group which are dealing with the OP (landlords) property and as Asylum Seekers can't sign that AST due to their status this is then done by Mear Group that is why under 'Tenant' in that AST it states 'Mear Group'. Again this is not a Lease but an AST.

 

3. To be clear the OP has 2 Agreements in place at present for this property (a) The 5 year Agreement they Signed with Mear Group who have the Home Office Contract to house Asylum Seeker which is not a Lease. (b) the Assured Shorthold Tenancy Agreement (AST) after Mears Group placed Asylum Seeker into the OPs (Landlords) Property which as the Provider they signed the AST under 'Tenant' as the Asylum Seekers can't due to their status again this is not a Lease.

 

 

I have not issued a AST to anyone else in the property. Only contract I have signed is with the the Mears who state they will be putting Asylum seekers in the property. Are you suggesting that Mears then make a separate contract with the tenant and sign it as the landlord themselves? 

 

It says this in the contract

 

Quote

"Occupant(s)"
any person(s) (including, without limitation, Asylum Seekers) permitted by the Tenant to reside at the Property

 

[axil23]

Thank you. Will keep you posted. 

[axil23]

I have already sent them a notice before action asking similar questions  to what is posted by Stu above. Given them 14 days to respond. What should my next step be? Ideally I don't want to get them out as they pay their rent fine otherwise. Should it be a MCOL for the rent? 

[axil23]

On 22/01/2022 at 01:50, stu007 said:

 

 

I know I have asked a couple of times now but is there any reason why you can't post up a Redacted copy of that Agreement with Mears (in PDF Format)?

 

 

Sorry, I would rather not do that. 

 

I don't really want to get them out as they have 3 more years left and other than roof they pay for all repairs. So as long as I keep on top of any further roof repairs its a decent contract. 

 

So if they fail to reply then I am assuming that I need to MCOL them for unpaid rent and then let the judge decide who is right or wrong? 

[axil23]

Ok I am currently travelling for work and should be back home by the weekend. Will scan and upload then? I haven't sent the SAR yet but was aiming to get it out in the post today. 

[axil23]

I am glad to say they have responded and will pay the rent. They have raised a dispute and once they get the money back they will pay me. Not sure how long this could take as they are now in 2 months arrears. 

 

I would like to thank the both of you for your help. Both gave fantastic guidance.  

 

 

[axil23]

21 hours ago, stu007 said:

 

 

IMO I would ask them exactly when these 2 months Rent Arrears Payments are going to be paid and remind them that they can't with hold Rent Payments due to a separate matter of the ongoing Roof Invoice dispute

 

 

 

 

 

They are now saying I will get the funds within a week. So looks like its all good. Any further issues I will make sure to upload the agreement but hopefully this matter is now finished. 

 

Once again I thank you and Aequitas for your assistance. Honestly you both have been so helpful.