a BTLer - who is letting out a flat, wants to pass on ALL charges to the tennent AFTER the AST had been signed. he's trying to argue that he wants a Varible rent to allow for ground rent, service charges for upkeep of the communial areas etc should be passed on to the tennent. he doesnt seem to be able to grasp the concept that this sort of thing (being the legal owner of the property) comes out of his proffit. if any. if he raises the rent and its above market, but it incorproates these charges, he'll get no tennent, so he'll have ot take the hit. but he wont understand
I have a leasehold flat which I sublet and have an agent manage it on my behalf. As the leaseholder of the property I get charged an annual maintenance charge by the management company managing the overall development. These costs include cleaning of common parts, gardening, insurance, etc.
I would have thought that I could pass some of these costs to my tenant but my agent says that the Housing Act prohibits me from doing so (the flat is let under an assured shorthold tenancy). I have asked them for details of the relevant sections in the legislation but they have not been able to quote this for me.
It appears odd that costs which are incurred purely for the benefit of the ultimate tenant cannot be charged on to them. Does anybody know the relevant legislation on this?
Thank you all for your comments. I am aware that the legal responsibility for the service charges are mine. What I was asking my agent when I last had a new tenant was whether I could effectively charge the tenant a variable rent to take account of certain elements of the service charge. So instead of charging say £100 I would charge £80 plus service charge contribution based on actual service charges levied. This might, of course, be more or indeed less than £100.
I am not looking to have my cake and eat it and I appreciate that this might not be practicable and that some may see this as being totally iniquitous but it does seem to me that those elements that are directly impacted by tenants behaviour would not unreasonably be borne by them.
However, back to my question. My agent tells me that The Housing Act prohibits me from entering into a contract with a tenant that allows me to charge rent on the basis I have just set out. I cannot see such a restriction in the Act. I have asked my Agent to confirm what section states this and they have referred me to their solicitor who has failed to respond to my question. So I wondered whether anybody on here knew the answer.
the thread is a good one, and seems still active.