UK Landlord Forum / Life

Hi everyone, I'm looking for a little advise please.
I rent out my leasehold property and we have all recently had to pay £1200 for a fire alarm system upgrade. All flats have now paid this and we have been issued a date for installation. I let my tenant know on the day I received the letter which gives 1 months notice that someone will need to be there to allow access. The letter states that if the date cannot be met then it will need rescheduling and charges will be put on my account. The tenant has said they won't be there, do I have to pay this charge or can I pass it to the tenant as I have given way more then the 24hr contractual notice period? If it was any other works and I had control over it obviously I would move it to suit but this is very much out my hands.
Any help and advise would be greatly appreciated thank you

It depends precisely what the contract says.

"has said they won't be there" implies this is in the future?

If it is in the future, then can't you make alternative arrangements?

Suggestions would be:

  - yourself
  - the Concierge (if any)
  - another trusted party

"someone" does not mean "the Tenant".

My experience of similar situations - work arranged by the Management Company - is that there's always flexibility to move things around, as long as you talk to them.

I think you will struggle to charge them, first of all they are entitled to Quiet Enjoyment of the Property and this is not emergency works that must be completed immediately.

Secondly I don't think you will find this fee as allowable under the Tenant Fees Act (2019) therefore anything not allowable is a prohibited payment.  You can't contract out of common law so even if it is in the contract it would be deemed an unfair contract term.

If you threatened the Tenant and they paid then you would not be able to issue a S21 to evict them until you had repaid the fee.

The best approach is to seek an amicable way to get the access without charge, first ask if they have an objection to you being there.  Alternatively as a way to mitigate loss you could offer to pay them if they take a days annual leave to be there on the day.  If they are intransigent then if the Contract has expired you could issue a Section 21 notice now and issue a S13 rent increase. 

If you are still in fixed term contract you could write to them a letter informing them that you will not be extending the contract when it expires. 

You might have better luck by querying the rescheduling charges that you never agreed to be bound by and were unfair as they never sought or gave you an opportunity to seek a convenient date.

Quote from: RH on June 02, 2024, 07:25:43 AMHi everyone, I'm looking for a little advise please.
I rent out my leasehold property and we have all recently had to pay £1200 for a fire alarm system upgrade. All flats have now paid this and we have been issued a date for installation. I let my tenant know on the day I received the letter which gives 1 months notice that someone will need to be there to allow access. The letter states that if the date cannot be met then it will need rescheduling and charges will be put on my account. The tenant has said they won't be there, do I have to pay this charge or can I pass it to the tenant as I have given way more then the 24hr contractual notice period? If it was any other works and I had control over it obviously I would move it to suit but this is very much out my hands.
Any help and advise would be greatly appreciated thank you

It really should not have to go that far. As already advised, surely you can be there if you live in the area, or arrange for a trusted person to attend?  Alternatively I would explain to the tenant that this is a legal requirement that cannot be avoided, and ask if they would give their key to a trusted neighbour.

You certainly cannot expect the tenant to pay this penalty if it comes to it.