mars1973 Posted March 24, 2014 Report Share Posted March 24, 2014 Hello Can anyone shed some light on my situation. I rented out my house to my Aunt and Uncle 4 years ago, without having any rental agreement or without having any contract. As you would expect, everything was going well and all parties concerned were happy with the situation. Last December I decided to have things done properly and I got a 12 month contract drawn up, just to safe guard myself and my Aunt and Uncle. My Aunt and Uncle were a little surprised at me getting a contract drawn up but when I explained to them why I had done it, they were happy to sign. This was the 1st time I had been back to the property (due to me moving away) since my Aunt and Uncle had moved in. What I had noticed when walking around my house, was that alterations had been made without my consent. The alterations made were as follows...Decking in the rear garden had been ripped up and thrown away to make way for a vegetable plot. All internal doors have been thrown away and replaced by cheap wickes internal doors. All the carpets have been ripped up, thrown away and replaced. The living room radiator has been thrown away and replaced by a smaller radiator. I had a feature fireplace with no fire fitted but my Aunt and Uncle have had a gas fire installed. They have had a wall unit installed in the kitchen. They have replaced all the tiles in the bathroom to suit there own décor and they have had an electricity supply fed into the shed. All of the above was done without my consent or knowledge. There was nothing wrong with any of the above original items but when asked why they have replaced all these items they replied...they wanted to update the house to suit there taste. I have now issued my Aunt and Uncle with notice to leave the property at the end of the 12 month agreement. My Aunt and Uncle have said they want reimbursing for all the items they have installed. They have given me an estimated price list of work carried out. I have asked for receipts for all items purchased to which they said they don't have. What are my rights regarding this? To be honest I am not willing to pay them a penny as all work carried out was done without my consent or knowledge. Thanks in advance for any replies. ps...I can not deduct monies from there deposit as I didn't ask for 1. Silly I know Link to comment Share on other sites More sharing options...
Mortitia Posted March 24, 2014 Report Share Posted March 24, 2014 Golden rule - never let to relatives - ever. It is almost an advantage that you did not take a deposit so makes issuing a Section 21 notice to regain possession via a court order straightforward. You do not have to re-imburse the relatives for work they have done and likewise unless you had an inventory done don't expect to get damages for yourself over the wrecking of doors, decking etc. Just concentrate on gaining possession. How long until the 12 months is up? Is there a break clause at 6 months - if so go for possession then. The longer you leave it the more acrimonious things will get. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 24, 2014 Report Share Posted March 24, 2014 I'm guessing there was no inventory carried out at move in, the 'check in'. Without evidence of what was to compare to what is I don't see a successful claim by you, but I would certainly create the list of your belongings that are no more ready for a counter claim. As 'your belongings' are now disposed of you could even find success by reporting them for theft. There of course is the argument that all occurred prior to any formal agreement and so they 'might' have been given to understand they had consent. Claiming their cost from you is a joke, how will they show they had the right to do any of the works, and as you say they are unable to demonstrate the cost so how much would be reasonable anyway ? The way I see it both parties will have to live with the result of their informal arrangement. BTW you could attempt to hoof them out before the 12 month agreement is up using a section 8 notice. On the other hand what is done is done, beside some satisfaction what advantage do you anticipate by hoofing them out ? Link to comment Share on other sites More sharing options...
mars1973 Posted March 24, 2014 Author Report Share Posted March 24, 2014 My Aunt and Uncle have agreed to move out when the tennancy agreement ends(December 1st 2014) but I know there is going to be a dispute over the work carried out and money owed. I personally don't want any reimbursement for alterations made, as I'll just be glad to get my home back but I know they will want some kind of cash back. I am going to see a solicitor this week just so I am fully aware of my rights. They always say you learn the hard way...this is so true! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted March 24, 2014 Report Share Posted March 24, 2014 Be careful with the Solicitor. When they start writing those letters and 'theirs' respond the situation often doesn't improve any but the costs spiral. I wouldn't bother myself. Link to comment Share on other sites More sharing options...
mars1973 Posted March 24, 2014 Author Report Share Posted March 24, 2014 The only reason on seeing a solicitor is so I can be sure of what I'm doing is right. I have no intention on having them send letters to my Aunt but I would like to be sure of my rights on when I refuse to reimburse my Aunt for work carried out. Link to comment Share on other sites More sharing options...
Melboy Posted March 24, 2014 Report Share Posted March 24, 2014 Yep! Big mistake and you have learnt the hard way on this saga. How I would play it now is to get a one-off solicitor's letter to them with the words to the effect that permission to carry out what has been done should have been asked for prior to commencing that work and under no circumstance should you be expected to pay for unauthorised work no matter what they may think of the work carried out as improvements. How that letter is worded by yourself and your solicitior should make it clear you are not going to pay. Your Aunt and Uncle are going to dislike you anyway from now on so don't hold back. Just one letter and no more otherwise it will cost you. Throw the ball back into their court and if they wish to pursue costs from you let them do so as they will not get very far on the evidence you have provided.. Link to comment Share on other sites More sharing options...
Richlist Posted March 24, 2014 Report Share Posted March 24, 2014 In your shoes I would tread very lightly. You may not have wanted the alterations but I guess its reasonable to assume that some of them ARE improvements to the property. The last thing you need to do is tell them this early that you won't be reimbursing them for the work as it may result in them having the items taken out and you will be left with more hassle. I think I'd stall on an answer until the day they move out. Safeguard your own interests.....nobody else will ! Link to comment Share on other sites More sharing options...
Mortitia Posted March 24, 2014 Report Share Posted March 24, 2014 Don't just expect them to move out 1st Dec - get Section 21 in place now! Use a solicitor for that if you must but get it on a fixed price. Solicitors love family disputes and will bleed you dry in no time. Link to comment Share on other sites More sharing options...
Melboy Posted March 24, 2014 Report Share Posted March 24, 2014 In your shoes I would tread very lightly. The last thing you need to do is tell them this early that you won't be reimbursing them for the work as it may result in them having the items taken out and you will be left with more hassle. Yes, that's what usually happens doesn't it. We have had cases like this on the forum before where there has been disputes and gaping holes left. Link to comment Share on other sites More sharing options...
mars1973 Posted March 24, 2014 Author Report Share Posted March 24, 2014 Mortitia...section 21 has been issued as from mid feb. Richlist...sound advice, thank you. I'll hold off telling my Aunt that I'm not reimbursing her till she moves out. Would never of guessed it would of turned out like this, especially from members of my own family. Link to comment Share on other sites More sharing options...
Grampa Posted March 24, 2014 Report Share Posted March 24, 2014 I agree with the above as you dont want them dismantling fittings and removing items on vacating as they paid for for them. I would go along with the route of saying you are prepared to discuss the matter fully when the property is empty so you can fully access costs etc and that it is not practical to do so until then. Otherwise without a inventory you cannot prove the condition before they moved in and they could gut the property. Well maybe not gut it but you get the idea. You are under no legal obligation to refund them anything if it wasnt agreed. Link to comment Share on other sites More sharing options...
Melboy Posted March 24, 2014 Report Share Posted March 24, 2014 Would never of guessed it would of turned out like this, especially from members of my own family. Top-Tip on this forum and other landlord type forums...... never rent to family and friends. I was asked 2 years ago to buy a property and rent it out to my Niece and her Husband but I totally declined their offer. I get on extremely well with my Niece and I would want it to remain so in the future. Link to comment Share on other sites More sharing options...
Grampa Posted March 24, 2014 Report Share Posted March 24, 2014 Unless you have a son and the only way to get him to move out is to buy a flat for him to move into which I did, but all that did was to exchange one problem for another. The things we do for family. Link to comment Share on other sites More sharing options...
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