The rental agent
My student son is renting a one-bedroom flat. He has not had heating or regular hot water since moving in six months ago, the washing machine is faulty and the extractor fans don’t work. The landlord refuses to authorise repairs. My son is moving out next month, and his final payment of £1,100 is due. Can he withhold it?
Glynis McGurk, by email
Your son has been very patient. Whether or not a tenancy agreement is in place, landlords have certain obligations under housing legislation and tenants’ rights to live in a property in a good state of repair. Your son’s landlord is in breach of tenancy and the Housing Health and Safety Rating System. Your son has the right to pursue this in court for damages, but it’s best to resolve the dispute amicably. He should write to his landlord, stating why he feels forced to withhold payment and clearly setting out the issues and timescales. By not paying his rent, your son will be in breach of his legal obligations under the tenancy agreement. The landlord could counter by retaining this sum from the deposit, which should have been registered under a Tenancy Deposit Protection scheme. These provide a free service to resolve disputes. If the landlord does not agree to use this, cases usually go to the county court. I hope that common sense prevails.
Frank Webster is a partner at the Oxford branch of the lettings agency Finders Keepers; finders.co.uk
The rural consultant
My neighbour has a big Scots pine and its falling branches damage my property. What can I do?
JW, by email
If the tree is imminently dangerous, your local authority can serve notice on its owner, or do the work themselves and recover the cost from your neighbour later. A more pragmatic solution, however, might be to offer to share the cost of an arboriculturist’s report. Tree surgery can be expensive, but if the owner declines to do the necessary work, in spite of advice from an expert, they would be in a difficult position in the event of a future problem. Under common law, a tree’s owner has a duty of care, and might be negligent if there is future damage or injury.
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Philip Eddell is head of the country-house consultancy department at Savills; savills.com
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