Altered interior of garage

[Himari]

Have had current tenant for two years managed by Agent (although I arrange any repairs to be done).  According to agreement with Agent, inspections should be carried  out quarterly.  Sometime ago I asked the Agent to check the garage which is separate to the house, (there is a door inside the garage to get to the back) only because a contractor mentioned the tenant had told him the back couldn’t be accessed through the garage.  Following an inspection on 17 July the Agent sent photos of repairs needed to decking at the back and also inside the garage.  The photos of the garage showed the brick walls draped with blue cloth, Lino on the concrete floor, a couple of hard back chairs in front of mirrors, one hairdryer on a stand and a large glass cupboard full of bottles of product together with a poster of hairstyles.  The Agent told me wife of tenant had completed a beautician course and used it for ‘practice’. Following my concern on how this impacts on building insurance, the Agent has produced a signed written confirmation from the tenant stating the garage is not being used as a business.
On another occasion a contractor who was giving an estimate for new backdoor, needed to use toilet and walking through lounge had to get past double bed with sleeping girl.  Agent strongly denied seeing a double bed during her inspection and resented me taking contractor’s word over hers.
Subsequent photos of lounge show only 2 sofas - but Agent is still reluctant to consider that these could be opened out into beds.  And has never stated what the tenant had to say about it.  Eventually the Agent has said the tenant purchased an air bed and ‘could’ have been trying it out.
After checking my records, I have found only four inspections carried out in total, the last one being June 2017. Has the Agent breached the terms of the agreement?
I am now very dissatisfied with the Agent who seems to be working against us and would like to change (3 months’ notice required).  
Tenant OK to stay but need to increase rent (which has not been increased since they moved in) and would like the garage to revert back to being a garage.
Can you please advise how to proceed in terms of timing and if I should be concerned about garage.
Sent from my iPad

Sent from my iPad

[Richlist]

The tenants have the right to have visitors. Those visitors can stay overnight, so a sofa bed in the lounge is not an unreasonable expectation.

If the garage is included in the rental property, the tenant is fully entitled to use it for reasonable purposes other than storing a car. A practice hairdresser salon doesn't seem unreasonable. If they have a written statement from the tenant that is acceptable.

So in terms of the quality of inspections......I don't see a problem.

If the contract with the agent shows there is supposed to be quarterly inspections and they have missed 2 or 3 then surely you would be better to ask for a part refund of fees......followed up by a small claims court claim should a refund not be made.

Personally I'd use it as a negotiating tool and give them the option of either paying refund of fees for the missed inspections OR cancelling the requirement for 3 months notice of a change of agent.

Its best to sort it quickly, move on and get on with the rest of your day.

I'd suggest for the future that apart from picking a suitable lettings agent.....you probably need to put maximum effort in picking your tenants. Picking the right tenants is the single most important thing that a landlord can do. Many hand that responsibility to a lettings agent......which is often not the best approach.

[Melboy]

Yes, I would agree with what Richlist has written. The LA seems to be a bit of a weak link here in as much the inspection times are not tight enough.

Make your concerns known to the LA. about having more inspections than have been carried out so far. Keep an eye on the garage "practice hair salon" which in itself is not a major problem I would suggest but with Winter coming I would have thought any hairdressing would be carried out indoors..

Always approve who is going to occupy your property as a tenant and not to leave it to the LA to solely approve.

[Grampa]

I think you have to take it at face value and the reason given regarding the garage UNLESS there is evidence to the contrary such as advertising or reports of streams of customers visiting the property.

If the rent is being paid , the property not being trashed and you are not getting complaints from 3rd parties about the tenant I would just let it continue as it is.

Check your T&C with the agent and if they havent done what they should have for the fee charged its time for negotiation on the fee or some refund. 

Sometimes it is too easy to get over involved with the tenants I see it all the time in my agency, not from professional muti property landlords but always from one/two property landlords..  Nine times out of ten these landlords either lived in the property themselves or belonged to a parent and they live close by so do a drive pass every 5 min to tell me the grass or hedge needs cutting and may want to go round to cut it themselves or the tenant be threatened with eviction. 

We only do "regular" inspections not a specific amount as some properties need more and some need less.

 

[Himari]

Thanks to everyone who replied - much appreciated.

Happy to keep tenant if they agree to a rent increase but would like to change LA as I have lost confidence in them.  Their strategy is now to chase me up on contractor I have sourced for repairs to be carried out.  Tenant is aware.and happy to wait for contractor who has a back problem.