Rental arrears and boiler problems

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Bob Mac Guinness
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I have a periodic tenancy under an RLA supplied AST (the 2007 TDS version)that is currently paid up until 2nd September 2012. A section 8 notice was served and once the 2 week period passed without further rent payment I used the Possession Claim Online (PCOL) service to fix a court date, which is set for 10th December. Current rental arrears from 3 Sept - 30 Nov total 2125. The deposit is with the DPS and is 1,255.

The tenant has emailed today (15th November) to report that the boiler has failed and requested it be repaired. I am considering whether to suggest that the tenant pay for the boiler repair using any gas safe registered engineer and deducting this amount from the rental arrears. I would appreciate your thoughts on this bearing in mind the upcoming court appearace for possession based on rental arrears. I would hate to be accused of failing to have the repairs carried out but similarly struggle with the idea of paying for repairs when the tenant owes me a significant amount of money.

Thank you,


15/11/2012 00:00

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