....Buildings in use take care of themselves.....
Buildings with no one in them tend to get colder....Insulation merely slows down the rate of loss of heat.........Unless some backgroundheating is on constantly ..... the house will get colder and colder....Attics by definition are unheated spaces and you will find several threads here dealing with problems of condensation and tank insulation.
Even under the current regulations, the water tank relies on heat rising from below to keep it from freezing.......
All true.
....Equally I am surprised that some general term about tenants having to maintain the property in good condition doesn't cover this kind of thing.
I would expect this to apply even while she's away in a cold snap, especially where the risk of burst pipes arises.
ONQ.
Actually, there is. Or should be. The tenant has a Duty of Care to the property to treat is as if it's their own. This prevents them abdicating responsibility for issues such as this, through such actions.
A typical wording would be thus:
"
1.1. To keep the furniture and contents specified in the attached Schedule hereto (and not to allow same to be removed from the premises) and interior of the premises including the glass in the windows, all locks, sash-cords, electric, gas and other fittings and installations and all additions thereto, and all drains, sanitary fittings, appliances and pipes in good and tenantable repair order and condition (damage by fire only excepted), and to keep the Landlord effectually indemnified against all claims in respect thereof, and to pay for any damage done thereto and, normal wear and tear excepted, shall, when necessary, effect such redecoration or painting to the premises and contents so as to keep same in the condition that the premises and contents are now in.
1.5. To pay to the Landlord the sum of € xxx as security deposit for the payment of rent and compliance with the covenants and conditions herein which deposit subject to such payment and compliance shall be refunded on the expiration of the tenancy; in this regard, the Tenant specifically agrees and covenants that on the expiration of the tenancy, that all rents shall be paid up to date, and the premises and contents shall be in the same condition as they are now in (normal wear and tear excepted) – and the contents shall be in the rooms in which they are now situate – for the Landlord to immediately relet the premises again without need to carry out any additional cleaning or works or repairs therein.
The Tenant further agrees and covenants that if on the expiration of the tenancy any such cleaning or works or repairs need to be effected before the Landlord is in a position to relet the premises, then the cost of said works or cleaning or repairs, as are necessary can be deducted by the Landlord from the security deposit provided for herein, and if such deposit is not sufficient to provide for the payment of said repairs, cleaning or works, the Tenant agrees to pay the balance due to the Landlord on demand, and agrees that if not paid when demanded, these additional sums shall be recoverable by the Landlord from the Tenant as liquidated damages.
These are the terms of a 'standard' rental contract.
Im inclined to agree with this. Although if she did go away how would I even prove that.
Do I write to her maybe advising her how to protect the property in this cold snap if it is vacant for a period of time? And if she doesnt then she "may well become responsible"... (note* i said MAY WELL). Again, Im going to pop down this week to her and have a look at the piping system.
Her contract is due for renewal in Feb. Im certainly going to add a paragraph relating to same.
See above. Nothing to stop you writing a polite note to the tenant now, to keep the house heated, to prevent damage.
Are you running the risk of having a vacant house. Surely the onus is on you to have proper insulation.
There is no legal requirement to provide a particular thermal standard of accomodation. Some property to let is atrocious, some brilliant, and range for G to A on the BER scale. All are available, and all priced respectively. Neither one end of the spectrum, nor the other, are a gaurantee that you won't run into the problem the OP has mentioned....nor that you won't.
With regard to insulation, do remember it keeps heat to one side, cold to the other. If the tenant leaves the house, unheated, there's nothing to keep in, and damage of some form is inevitable. What home
owner would do that, in this weather ? I'd wager, none. And so, by dint of being a tenant, and expected to act in a responsible manner, the same standards should apply.
It is a fact, that in these harder times, that some tenants are in a financial pickle. This I do not doubt. But some are taking drastic chances e.g. not switching on heat at all. This is an unfortunate situation, but doesn't absolve them of their responsibilities.
Finally, there is always insurance.
