TV Aerial - Who's responsible?

[The Stig]

Hi All....Any ideas on this one:-

 

Who’s responsible for repairs to a TV Aerial….Tenant or Landlord? The reception was fine when the tenant moved in. There’s nothing in the AST regarding the aerial and as far as I’m aware there’s no legal or even moral obligation for the landlord to pay for the repair.

 

The tenant’s gone ahead with repair but is now refusing to pay the invoice (£110 for replacement booster box).

 

In the meantime, a property inspection has been carried, but the tenant is refusing to sign acceptance of report because she disagrees with one statement about landlord not being responsible for aerial repairs. Should report be re-issued removing any mention of aerial problem to at least move that forward?

 

Despite a very poor start she now pays rent on time and generally keeps house in good order. The trouble is her communication skills are appauling…it’s so frustrating!!!! She repeatedly ignores my calls & msgs, and when you finally track her down she comes up with really pathetic excuses.

 

Any assistance much appreciated

[Aequitas]

I am not aware of any implied statutory obligation on a landlord to repair TV installations.

 

Since the tenant ordered the repair she is one the responsible to pay the bill of whoever carried out the repair. It is not your problem. You can safely remove the mention of the aerial in the report.

[Planner]

I have to disagree. You have provided the tenant with a facility, in this case an aerial. It is now broken. so you should pay for it.

 

I imagine your tenancy agreement is possibly silent on other things i.e. the boiler? the heater? the electrical sockets? the door? the window? if anything stops working that you have provided, then I think you have both a moral and legal obligation to repair it so the property the tenant is renting off you is equiped with at least the same facilities as when they moved in.

 

If you where my LL and I left the property, I would be taking MY booster box with me, and you would then be left to fit another one.

 

I agree that she needed to communicate more with you, why not suggest you pay half each if your counting the pennies?

[The Stig]

Thanks guys...but I wish you agreed, good or bad:)

I'm aware I have an obligation to maintain heating & sanitary ware, but a TV aerial? Following your logic Planner I'd be responsible for everything & that can't be right surely?

If she communicated in a timely manner (or at all) I'd be more of a mind to sympathise with her plight, but she's so flamin useless I'm not in a hurry to help.

As I said before, she now pays her rent on time & I know from bitter experience it could be a lot worse….but she’s so annoying.

[Planner]

Thanks guys...but I wish you agreed, good or bad:)

 

I'm aware I have an obligation to maintain heating & sanitary ware, but a TV aerial? Following your logic Planner I'd be responsible for everything & that can't be right surely?

 

If she communicated in a timely manner (or at all) I'd be more of a mind to sympathise with her plight, but she's so flamin useless I'm not in a hurry to help.

 

As I said before, she now pays her rent on time & I know from bitter experience it could be a lot worse….but she’s so annoying.

 

Thats bob on im affraid, everything you provide as part of the property is your responsibility to fix should it become broken through no fault of the tenant. To be frank, she should have communicated her intentions, and made some sort of arrangements with you before going ahead. I would write to her and set out the process of how you would like her to contact you in the event of something else that needs attention, how you will respond and how quickly, and that under no circumstances is she to make repairs without your permission in the future.

 

I honestly think you should pay, she has saved you the trouble of gong to the property to see what the problem is and arranging fior someone to do it for you, what value do you place on your time?

 

A means to recieve tv signals is really and essential for tenants, you will find that many wouldnt rent a property without it and its really something you would have to specifically point out didnt work if the aerial etc was visiable other wise any future tenant would be quite miffed.

 

If you are looking for a way at getting back at your tenant for the inital problems, this is not really the way.

 

Best of luck.

[Conniff]

Not sure I agree with that planner. If that were the case then when digital came along they could demand a new aerial again so they could receive digital tv.

Or what about the sky dish, is the landlord responsible for maintaining that as well ?

[Aequitas]

I am not sure I agree with the proposition that a landlord is under an obligation to repair/replace everything in a property. Indeed, section 11 of the Landlord and Tenant Act 1985 goes so far as to exclude certain things from the implied obligation to repair:

 

11 (1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

 

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

 

(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

 

 

© to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

 

 

In the absence of an obligation (whether express or implied by statute) there is no obligation on either landlord or tenant to repair anything, apart from the repairs which come under the tenant's obligation to use the property in a tenantlike manner.

[RentedAndRankled]

If you can prove that the aerial was fully operational when she moved in then it is down to her to pay for the repair because it could have been something she did which damaged the booster.

 

As Aequitas pointed you, you provide the basics, but the luxuries (such as TV facilities) are not an obligation on you, and even if you agreed to do it she certainly can't call up the first person she thinks of and send you the bill.

 

If her deposit is in a TDS maybe you should talk to the TDS as to whether it represents a valid claim on her deposit?

[Aequitas]

If her deposit is in a TDS maybe you should talk to the TDS as to whether it represents a valid claim on her deposit?

 

I do not think that that comes into it. The landlord here is under no obligation to pay for the repair. Since he suffers no loss there is nothing to deduct from the deposit.

[Planner]

I do not think that that comes into it. The landlord here is under no obligation to pay for the repair. Since he suffers no loss there is nothing to deduct from the deposit.

 

Apart from the one/two month void when a (now) otherwise perfectly good tenant moves out (with her new booster) because of "penny pincing". Look on the brightside, £110 saved

[RentedAndRankled]

I do not think that that comes into it. The landlord here is under no obligation to pay for the repair. Since he suffers no loss there is nothing to deduct from the deposit.

 

My thought was twofold;

 

1) At the moment it appears the bill hasn't been paid, so someone is going to come looking for their money at some point and I'm pretty sure the tenant will point the aerial company at the LL.

 

2) If the TDS says aerial repairs are something to withold from the deposit return then it's a good indicator it's the tenants obligation to pay. If the TDS says it doesn't, then it's the LL who should pay.

[Planner]

My thought was twofold;

 

1) At the moment it appears the bill hasn't been paid, so someone is going to come looking for their money at some point and I'm pretty sure the tenant will point the aerial company at the LL.

 

2) If the TDS says aerial repairs are something to withold from the deposit return then it's a good indicator it's the tenants obligation to pay. If the TDS says it doesn't, then it's the LL who should pay.

 

Good point. TDS Case Studies - http://www.thedisputeservice.co.uk/resources/files/TDS%20Case%20Studies.pdf

 

Other minor repair work also needed in various locations around the house: the replacement of the shower rail and the TV aerial, and the repair of other fixtures and fittings. The tenant was shown to be partially liable for these damages, and was charged £20.00 towards the bill.

 

Must have been a cheap aerial, especially when you consider its grouped with some other things... oh wait.... you dont think the landlord was liable for the majority of the cost of replacement do you? . I think half the cost as I originally suggested is suddenly looking very attractive...dont you?

 

I would add the the tenant in this particular case study looks to have been a complete tw*t and yet TDS seems to have found largley in their favour over this particular issue.

[Aequitas]

Apart from the one/two month void when a (now) otherwise perfectly good tenant moves out (with her new booster) because of "penny pincing". Look on the brightside, £110 saved

 

I am simply answering the question asked: is the landlord liable to pay? It is for the landlord to decide whether he should pay even if he is not liable. If he pays up this time, what is next?

[Aequitas]

At the moment it appears the bill hasn't been paid, so someone is going to come looking for their money at some point and I'm pretty sure the tenant will point the aerial company at the LL.

She can point all she likes, but as far as the contractor is concerned his contract is with the tenant. On what grounds can he make the landlord pay? Whether the tenant is entitled to reclaim from the landlord is an entirely different matter.

[The Stig]

Thanks for all your comments...one thing for sure it's not clear cut.

 

I've managed to get Inspection Report signed by removing all reference to aerial...That's one step forward:) .

 

Tenant's now left a message for me asking what's going to happen about aerial cost...I've not yet replied (wow, there's a reversal of behavior:D).

 

Tenants gas safety check is due v.soon & it's the same chap who fixed the aerial...Think I may wait until then to see what happens.

 

If they still haven't resolved the bill I'm probably going to offer to go halves....

[Conniff]

I have no idea how I posted into this thread, I wasn't even in here.

 

I am getting a wrong link in the emails that are being sent to me, just clicked on it again and it brought me back here - weird, sorry to have interupted you.

[qbal]

Just a quick question. Is the ariel included in the inventory for the property? Ours was, and is therefore considered to be the responsibility of the LL if it goes wrong. So I would hazard a guess that if it isn't included in an inventory it would be the responsibility of the tenant?