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Question

Landlord Wants Tenant to Leave (Wales) | Preventing Controlling and Recovering Rent Arrears (Wales) | Unlawful Discrimination (Wales)

Works Carried Out By Tenant And Now Not Paying Rent

17 May 2016 | 2 comments

Adrian
I have a tenant who has developed epilepsy, he had a survey carried out by Epilepsy Wales and they felt that he should remove the shower over bath arrangement and have a walk in shower. In the very least the shower curtain should be removed and a screen put up to replace it.

However with out my knowledge or consent he has completed all the changes himself and now claims that the bath area was rotten and needed replacing which is not true

He is now withholding his rent of £500 per month and as of tomorrow will be 8 weeks in arrears,

Do I engage with him or just carry on serving a section 8 notice , he is a relatively aggressive character now that he has become unwell and is very short tempered unless he gets his own way!

Thoughts?

Regards
Michael Johnson

Answer

2 Comments

  1. guildy

    You are correct that he can’t just do works and then withhold rent. The Equalities Act requires certain small modifications to be made for a disability but anything of this nature would first need consent.

    I think you should still serve a section 8 notice but maybe try and avoid court action under it if possible. You could get tangled into all sorts of delays whilst the point is argued.

    How far in the term are you? If you can serve a section 21 notice for no reason, that might be a better way to go. That way your not saying why you’re seeking possession.

    You could then pursue the arrears via small claims procedure if necessary and argue about the rent separately.

    • Johnsom8

      Thanks
      I will serve the section 8 and see where that leads as i suspect it may bring them back into line

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