To insist tenant heats house

[daisymade]

I own a cottage which I lived in for about 6 years before moving in with now husband.

it’s a listed cottage, stone solid walls with timber suspended floors and it’s cold, it needs a fair bit of heating. I’ve had the same tenant since I moved out and she’s lovely, keeps the place immaculate and genuinely looks after it as if it was her own, just her and her dog live there, she’s in her mid 40s. I’ve always inspected it twice a year and never had an issue.

during my inspection last week it’s apparent she’s switched the rads off in rooms she’s not using. I know this property well and I know it needs heating otherwise it will become very damp, the dining room is above a cellar with three outside walls and the two spare rooms also have lots of outside walls so they sit cold, especially the one which is now above the unheated dining room.

I went home and discussed with my husband and we both agreed that it’s bad for the property to stay like this, but that (like most) she’s hit with the cost of living crisis and can’t afford the rising costs. I emailed her yesterday and proposed that during the colder months I will pay for every other 500l oil delivery on the understanding that all the rooms are heated when the heating comes on (a couple of hours in the morn and eve which is what she said she usually has on timer). There is a log burner which really warms the place but she works shifts and so it isn’t always practical for her to light it but I have also offered logs.

she has just responded to say “thank you but I would feel very uncomfortable with that and I’m happy with the current heating”.

I don’t know whether I can insist on this? I’d hope that by offering what I have, I am financially covering what I am asking of her, even though the AST states the property must be adequately heated. I absolutely don’t want to lose her as a tenant but I’m also worried about my property, I know how cold and damp it might get, the dining room is a timber floor above a barrel cellar so heating it will stop any moisture setting into the room from damp and I don’t want to have hefty invoices for repairs in the future from this.

am I being unreasonable? I don’t want to offend her but it’s best for her and the property if I contribute towards it being properly heated?

Have you actually explained WHY

Maybe explain you're concerned about damp. Would providing a dehumidifier help?

Have you explained to her why you want all the rooms heated? I don’t know why she would refuse if you’re offering to help towards the cost. Also, I read somewhere last week it doesn’t actually pay to turn radiators off in unused rooms; partly because of the reasons you have given.

I would try and push the issue, explaining your reasons why and that you are concerned about your property. This would concern me too and I wouldn’t be very happy about it.

Not sure on the legal standing though. I guess if her behaviour starts to become detrimental to your property and she refuses to change, there’s only one answer there.

It sounds as though she doesn't understand tbh.

Very reasonable of you to request and cover costs too. I think go back to her and explain why, she’s also not trying to be cheeky so no one is wrong here. Explain then just say so I’ll arrange for oil delivery on X date ie. it’s happening.

Yeah, I live in a listed house with a lot of timber. The cost of heating is less than dealing with a woodworm/deathwatch infestation....

During my inspection I said several times “oh, don’t think this will be good, it’s a very cold house”

in my email I wrote:

hi XX thanks for meeting me today, good to see you and glad to hear your dad is feeling better. Im concerned that switching the radiators off in rooms isn’t good for you or the property, with it being an old cottage it needs regular heating to prevent damp spots or longer term defects. We realise the cost of oil has increased and XX and I have discussed and would like to pay for every other oil delivery over the winter months on the agreement that all rooms are heated regularly on timer. Please let me know how much oil you have left and I’ll ask Chris at XX to deliver another at the same time as he brings ours. Thanks”

If you want the property to be heated, then pay for the heating. If anything happens to the property that you will need to claim insurance on, it may not be covered if you’re not heating the house properly when you know that it will get rid of damp. It’s your property, if the roof was leaking you would fix it, but to make her empty buckets of water to stop the leaks. I would sort this out now before it invalidates any insurance.

Yes, kindly (but firmly) insist.

Yea you need to insist that the cottage is heated to prevent damage. Your offer to share the bill is very generous but protects your property.
Go back to her and explain.

Virtually this exact same thread was on here yesterday. A landlord insisting their tenant heats the property. And whilst I agree, yes, you do need to heat it or the property goes to shit, you can't demand it really. Although if it's in the tenancy agreement that they've got to keep the property in a decent condition, you could get them on that. If they don't heat the home, and it turns to rot they could be liable.

Things are going to have to change. I think landlords are probably gonna have to factor heating into the 'rent' and be in charge of the heating (control it remotely somehow,) and make sure it's on all the time and keep it at least 12 degrees so the house doesn't turn to shit.

YANBU, if you're offering to pay for half or more of the heating. She's damaging your property by not adequately heating it.

Is she on a rolling contract or do you do regular AST’s?
I’d get her to sign a new AST with the terms regarding heating stated, and if she won’t get another tenant.

I live in a similar house (old thatched cottage in my case that also needs careful heating and breathing). I’m also a landlord. I don’t allow rolling contracts deliberately to enable changes more easily (but do have long term tenants).

I think her reply says "I don't like the idea of charity and I'd prefer to be cold" so I'd reply back with huge emphasis on the benefit to you which is why you're paying - it's to prevent damage etc rather than her thinking it's so she's more comfortable

Your approach and your email sound reasonable. Can you ask her why she's resisting?

It’s a fixed term, I renew them every 12m so this is another leverage although I’d rather not threaten that, like I said in my OP, she’s been a brilliant tenant other than this, and this is only this winter. The AST has a clause on adequate heating so I think I just need to be firmer, I’m not being a dick, I’m offering to share the cost of heating it for both our benefit.

The other thread the LL wasn’t offering to contribute?

Explain that the house will become very damp and you don’t wish her, and her dog, to suffer from mould, which will be caused damp.

You’re not being a dick - all v fair.

The AST has a clause on adequate heating so I think I just need to be firmer,

Yes, you need to point her to the clause and explain that this is why it's there, as your house will deteriorate without it.

Yeah - you have explained it a bit, but I think you really need to explain the damage it could cause and cost of repairs, so you are, politely, telling rather than asking. It sounds like she’s doing an auto refusal and hasn’t really taken it in.

Maybe she's trying to reduce her carbon footprint?
As PP have said, you need to talk to her and explain why you are making this suggestion

I would make another effort to explain the need for heating and reiterate your willingness to contribute to the cost.

If she continues to resist, issue a Section 21. Hopefully this'll make it clear to her that you are not willing to let this go.

The AST has a clause on adequate heating so I think I just need to be firmer,

Yes. You need to tell her she's misunderstood- you are going to pay for half the oil plus logs because the house must be adequately heated.

I think landlords are probably gonna have to factor heating into the 'rent' and be in charge of the heating (control it remotely somehow,)

For most circumstances of renting, this would be a nightmare. Landlords keeping tenants in cold houses. (Not in the scenario in the OP, but in general). Tenants would likely have to compensate with electric plug-in space heaters, since landlords would be unable to restrict electricity provision in the same way.

There are (well, have been) rental arrangements with the bills included in the rent. Every time I've moved I've seen a few, but they were always a very tiny minority.