Draughty Windows – Landlord SOS

Hi Leigh, I'm sorry I didn't realise that you were out of the country - I realise why this is so much more difficult for you to sort out now. Ok so let see if we can help you.
Where is the property? Do you know a local builder or a good handyman?

I also did not realise that they were wall vents - I hate wall vents and in a property with an EPC of C I cannot see why you need them, if there are also trickle vents in the windows? Does the tenant cook in this room? If not I would suggest that a quick fix would be to remove the vents - they always cause a draught and in this weather they will cause the room to be very cold. In your situation I would look for a local builder and ask him to remove the vents and seal the holes as soon as possible.

As far as the tenant not paying rent is concerned she has no legal right to do this. If you are in email contact with the tenant you could send her this, from the Citizens Advice web site

"Can I withhold rent from my landlord because of repair problems?

You don't have the right to withhold rent and you shouldn't do this to try to force your landlord to do repairs. Withholding rent could mean that your landlord takes legal action against you for rent arrears and you could lose your home.

In certain circumstances, you can arrange for repairs to be done yourself and use the rent money to pay for the work. This is not recommended as you have to carefully follow a certain procedure to do this. The law in this area is complicated so it is important to get advice.

It's never a good idea to just stop paying your rent, you should consult an experienced adviser without delay, for example, at a Citizens Advice Bureau". Source http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/getting_repairs_done_while_renting.htm#what_you_can_do_about_disrepair_–_using_the_law
make sure that you send her the link so that she can check this for herself. It might be worth telling her that, while you have been advised to serve her an Eviction Notice you don't really want to do this and will she please pay the rent in full because you intend to call in a builder to deal with the issues that she has raised. If however she does not pay the rent in full you will be forced to Evict her. Copy in your Agent. If you are not in direct contact with the tenant email you agent and instruct him to forward your message to the tenant with a copy to you

What I am saying above is what I would do as an experienced landlord but I am not legally qualified therefore this is a suggestion rather than advice. I do however remember what it was like in my early days when I too had a lot to learn - please don't be put off by people who have forgotten this.
I will keep checking back to see if you need any more information.
Oh and wherever you are in the world you have missed a really beautiful sunny English spring day hahahahahaha
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I'd give notice to the tenant and change your agent. The agent is paid by you, not the tenant.

Another thought Leigh : do take care if you seal the windows / trickle vents. You MUST allow appropriate ventilation for the boiler, otherwise there could be a carbon monoxide problem. Not a road you want to go down. Maybe get a gasman to do a safety check afterwards and confirm adequate ventilation.

Many thanks Mary, great advice, The thing is am willing to do the repairs, I am just disappointed that my agent is not supporting me.I will get on to this, thanks again :))).

Thanks Paul. I have had countless problems with my agent, I'll look into this.:)))

thanks Freda

i think you are being too easy on the tenant and agent and they are trying to exploit you.
1) even though there maybe a pre-payment meter, readings can still be taken to establish the veracity of the ridiculous claim of £10 per day.
2) are you really so naive as to believe the BS the agent is spinning about the epc? page 4 is the summary and there is an element headed 'windows'. that is not a forgery!
3) even if the windows are draughty (which i doubt) that is unlikely to constitute disrepair under s.11 of the landlord and tenant act 1985, which is the standard you need to follow.
toughen up, sack the agent and evict the tenant!

of course 'windows' are included in an epc and of course windows includes double glazing. see my post. i bet the tenant isnt heating the rooms sufficiently and thats why she is imagining a draught.

What complete BS full of red herrings. Either there is a draught or not. If there is fix it. Nothing to do with EPC. No right to reserve any rent. Simples. Corporate agent by any chance?

What a strange comment Paddy