Updating post from Reddit.
Evening, would appreciate some advice. First time landlord in UK. Our tenants moved in to our basement flat in August.
There is a front garden with paving slabs. The tenants have recently complained about one of the paving slabs being uneven stating that it presents a tripping hazard (even threatening legal action) and would like it replaced.
The slab is in the exact same condition as when the tenants viewed the property before moving in.
We don't mind doing the work, we accept it is uneven (and has been for a while) however are a bit concerned that it may well set a precedent for future unreasonable requests.
May I ask views on this? And would anyone be able to comment whether there would be any basis for them taking legal action?
Just fix it. It's not unreasonable for them to expect you to do repairs on the property they're renting from you.
Just replace it.
If you think it "sets a precedent" they'll find something else to complain about anyway.
There’s a slab you knew needed fixing. You didn’t fix it because as the owner-occupier, you were willing to put up with it rather than spend the time/money to do it. But when people start having to pay you to live in your house, they’re not likely to overlook annoying maintenance issues.
It’s the downside of being a landlord. And one of the very few upsides of being a tenant.
Carrying out basic maintenance isn’t setting a precedent. It’s just being a good landlord.
If something is broken, you should take steps to fix it.
It doesn't matter if they have approached you in a rude manner in that sense - yes, it matters because it's unpleasant for you and it would be better for all concerned to have a positive relationship going forward, but it doesn't matter in the sense that whichever way they approached you, it isn't any more or less important to do the work.
It may be in your best interest to reply to the tenant and explain that you are happy to receive repair requests and that you will consider all requests fairly and on an individual basis, so there is no need on their part to approach you in an unpleasant/accusatory tone (whatever you wish to call it). They may be on the attack because they have precious bad experience and fear that they have to shout to be heard. This is a chance for you to let them know that you won't be a negligent landlord.
Hopefully they will relax and you will have a nicer relationship going forward.
There is also a slight possibility that they just are rude people who will continue to be rude, of course. Unfortunately you can't win every time.
Saying yes to a reasonable repair request doesn't mean you have to continue to say yes to all requests going forward, though. You should consider all requests individually. The law dictates which types of jobs you need to sort out, so it shouldn't be too difficult to work out when you can reasonably reject a request.
It’s in your best interest as a landlord to get a tenant that reports problems with your property. You should want to keep the place well maintained, if you don’t, then you’re not going to have a fun time when they move out and you see the condition of your property. Threats of legal action over this is weird though, unless you’ve repeatedly refused to do it.
If you don’t fix the paving slabs you’re just kicking the can down the road and will have unhappy tenants living in your house. I’d also say that a viewing does not mean a tenant consents to the properties condition when they viewed it. There are fixes that may need to be sorted before a new tenant moves in. Wear and tear etc.
As a landord you should be proactive in maintaining your property. Not just because it keeps tenants happy but it’s also good for you as a landlord. That house is your asset and you should want it in the best condition possible.
Better to replace than being sued by your tenant when they fall and break their ankle...
If it’s a tripping hazard replace it. If not then don’t bother. In either case explain to them that you don’t appreciate the way they have approached it
It will cost less to fix it than being taken to court and sued if a tenant or guest falls and hurts themselves!!
Just go and fix it.
The council will only be liable for claims for paving that are sunken by one inch or raised one inch vs the next paving slab.
So that’s a good guideline. If it’s over 1 inch the council can be sued so if it’s above that or close to it fix it. Obviously if it’s like 5mm it’s stupid. But 1 inch is a tripping hazard.
“Therefore, if a raised or uneven pavement, was reported to the council but they failed to take action, you may be eligible to claim compensation. However, a height of 1 inch or 2.5 centimetres is considered the minimum trip hazard for uneven pavement.”
You’re not the council obviously but it gives a good guideline of where “reasonable” lies. If it’s 2.5cm/1 inch that’s a pretty reasonable complaint. I actually fractured my ankle on council pavement at 2.7cm and it took 2 months to even walk without aids.
This is really helpful, many thanks.
>The slab is in the exact same condition as when the tenants viewed the property before moving in.
So following your logic- if the washing machine was broken before the tenants moved in, or there was already mould in the corner of a room... would remedying these also be unreasonable requests?
I’d be a bit concerned that they are threatening legal action over something that sounds relatively minor and when you have already agreed to repairs. Not really the kind of tenants you want, much better to have a cooperative relationship. Having said that, if the uneven slab is on the route between the street and the front door then it is certainly a trip hazard; if it is in a low-footfall paved area (eg hard standing for car) then it’s less important but with new tenants I would always tend to respond to requests for minor repairs even if I thought they were not really necessary. I certainly wouldn’t accuse tenants directly of making unreasonable demands, especially if they are antagonistic which yours seem to be. You don’t want them to have anything they could use against you if you ever need to evict them.
Many thanks for the replies appreciate you taking the time. As new landlords we're trying to find a balance as this is the first time we've had to deal with such requests so getting your views is very helpful. Thank you.
It's not an unreasonable request especially if the tenant's didn't notice it when first viewing. I suspect they first made a polite request and you've not dealt with it hence now threatening legal action. If it is left as a trip hazard then you're leaving yourself open to being sued for any injuries. Perhaps your tenants see you as "unreasonable" for dithering over a very straightforward minor repair.
Even threatening legal action? thats a pleasant way to communicate with another person. I would keep all communication logged.
Fix the stone, it sounds like a reasonable request (unless its very minor?) When an unreasonable request rears its head deal with it professionally. Have they been unreasonable before?