Tenants and Compensation Part 2

Just an update on the tenant's advocacy problem I'm having.

In the most recent reply I received from Tenant's Advocacy they seemed to have dropped the issues regarding to the oven and the dripping tap - Progress! However they have pushed the fact that due to several rent arrears letters that I have sent to the approved occupant, specifically addressed to him that he is in fact the lease holder at the property, and that due to other instances they can safely say that he has a new oral lease at the property, and is entitled to everything that the original lease holder is.

My concern with whose name the lease was in was mainly to point out that the condition report is 4 years old. Myself, and the landlord are quite happy for him to stay on in the property, and I am even willing to sign up a new lease in his name. This would ensure that he would need to take the time to sit down with me, and go through all of the clauses in the lease. I believe he is entitled to everything the original lease holder is, which includes taking on the original condition report.

They are also still seeking compensation for the time he has been at the property without a working heater. As mentioned previously I stated to Tenant's Advocacy that the condition report states the the heater is not working (In hindsight it should probably say that the heater is unrepairable, but this report was done up before I managed the property.) and that the condition report is part of the lease. So the signed lease indicates that the tenant is aware that the heater is not working.

Tenant's advocacy has told me that this is contracting outside of the law, as all fixtures need to be repaired. They are also seeking a "rent abatement for the withdrawal of services and compensation for economic loss for increased electricity costs and compensation for non-economic loss for frustration, distress, inconvenience and anxiety over the failure of his landlord to undertake the repairs." However we have reminded them that the heater is unrepairable, and as the property was not advertised with a heater and was agreed in the lease that there is no heater then there is no compensation owing.

The unfortunate problem with this situation, is that the tenant is sick, and could really do with a heater coming into these cold nights. His time would be better spent looking for a property that comes with a heater, and not in seeking compensation that he's not entitled to.

The saga continues.