The following question was recently submitted to our property experts by an individual looking for advice on how to deal with their property let. If you have got a question regarding your tenancy/property, contact us now via the link to the right.
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Q: My tenant has issued me with a notice of disrepair. Do I still need to do this repair if they have not paid their rent?
My tenant has issued me with a notice of disrepair. Do I still need to do this repair if they have not paid their rent?
Unfortunately yes. Even if your tenant has failed to pay their rent for several months (meaning you are entitled to issue notice), should you fail to carry out this repair your tenant can issue a counter claim for disrepair which can add unnecessary legal costs as well as prevent you from issuing notice.
The problem is, your tenant can also try to claim that this disrepair is a long term issue and that they have refused to pay their rent because of your failure to repair the problem.
To help safeguard yourself and your property, it is important that you respond to their notice of disrepair immediately, sort out the repair and then issue them with a Section 8. REMEMBER during this entire process to keep a record of all your correspondence (including their notice of disrepair) and all receipts generated from performing this repair. This will prove to the courts that you have done everything in your power to collect your rent and maintain a healthy relationship with your tenant.
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