Rental arrears and boiler problems
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.
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