Complaint from neighbour

[Acura]

Hi guys

Just wondering what you'd do in this situation. 

Have a tenant who moved into my property in 2012 and has pretty much always paid rent on time. 

Recently her father who was a guarantor retired, and she's struggled to find another guarantor. She has told my agents she struggles to pay the rent but manages to. 

So that's one issue. I need to sign a disclaimer stating I'm ok with her not having a guarantor despite failing her credit reference (hence getting a guarantor in the first place). 

Next issue is I've had a complaint from a neighbour saying smoke is infiltrating into her house. When I was in the property about 18 months ago I didn't detect any smells or sign of smoking inside. An ashtray outside, but that's ok. 

Also, the neighbour has complained about a barking dog. No pets are allowed, and this dog allegedly is a family member's dog who cannot keep it any longer. 

Obviously these issues are a breach of contract so I've contacted the agents. What with the guarantor situation I have been concerned, and now complaints, it's made me wonder if I should serve notice. 

However, the MAs went today and said there is no evidence of a dog (hair, smell or bedding), and no evidence of smoking inside whatsoever. 

For the neighbour to say it's infiltrating through the walls and shared loft space, there's no way the house would be nicotine free in 24 hours IMHO. 

My gut is telling me this is a case of a whiny neighbour, but what, if anything should I do? I'm not sure if the MAs told the tenants there'd been a complaint so should I inform them?

Wondering what you'd do?

Thanks in advance. 

[Melboy]

Well first thing to do is to ask your tenant if there has been smoking inside the property if she says no accept that reply for now.

Second thing is to ask tenant about the dog and remind her that animals are not permitted as per her contract.

 

Next......having received those replies tackle the neighbour and say that there is absolutely no evidence of smoking from inside the property or a dog on close inspection by your MA.  It would then be up to the neighbour to provide positive evidence and until then forget the complaint.

I suspect she has had a visitor who went outside for a smoke.

Ask her for a new guarantor and see what she says but if she is paying rent on time for 4 years it is not all bad news.

[Richlist]

My approach would be slightly different to that.

I agree that you should talk to the tenant, explain the situation that a neighbour has complained about smoke and a barking dog. If the tenant confirms that these issues have not been caused by her that is the end of your involvement. Do not take it upon yourself to investigate or get involved any further. Landlords are not responsible for neighbour disputes, or disagreements. They are not required to resolve issues. They are not responsible for their tenants lifestyle. Stay out of it. Let the neighbour complain to the local authority and let them deal with it.

If the property is only marginally affordable to her then I'd set a deadline by which she needs to provide a home owning guarantor.....say 3 months. If no guarantor is forthcoming then it's time to issue an s21. If the property is only just affordable for her it wouldn't take much to tip her over the edge and result in rent arrears giving you a big headache, which is not worth it in my opinion.

There is no room for emotion in this business.

[Carryon Regardless]

Why do you feel a retired guarantor to be unsuitable. Is the guarantor a home owner and financially secure.

I would consider approaching the guarantor for further assurance that they are happy to continue as such, if they still fit the bill for carrying the responsibility in the event.

As for the neighbour and dog, the T is now aware of the concerns and whatever was she now seems to have rectified 'whatever'. A non issue to my mind.

Any inconsiderate T's bug me and I invite neighbours to inform me of issues. If nowt else it can be  an early warning of problems coming my way. But some people like to complain so I may resort to patronising a winging neighbour.

 

[Mortitia]

Like Cor I don't see the problem of a retired guarantor as long as he is a householder.

Take neighbour complaints with large pinch of salt and don't get involved - you've investigated and found nowt wrong.

 

[Acura]

Thanks everyone. 

I apologise for not replying sooner. We're moving house so it's all quite hectic this end. 

I'm satisfied with the MA's actions and findings. They responded quickly and had a property visit, and all seemed to be in order. 

Putting this down to a complaining neighbour. She's complained before (not about tenants but about fencing and an encroaching shrub) which I took as valid. However, in light of the MA's findings I'm now convinced she is a whinger, so I'm butting out. 

No problem with a retired guarantor. He was the one who wanted to be taken off as he was no longer in a position to pay her rent if she failed. 

[Carryon Regardless]

Time to repossess when a g'tor wants out.

I don't release g'tors until a suitable replacement is found. That would involve expense for the T and consider by the time you've carried out check out / check in you may as well start a new tenancy.

[Acura]

6 hours ago, Carryon Regardless said:

Time to repossess when a g'tor wants out.

I don't release g'tors until a suitable replacement is found. That would involve expense for the T and consider by the time you've carried out check out / check in you may as well start a new tenancy.

I didn't release him. He retired, which meant he didn't have an income other than pension to cover her rent so he had to decline his position as guarantor.

She's been in my property since December 2012 and she's only been late 2 or 3 times by a week or so. Hardly reason to repossess IMO. If she'd been late more often, and/or there'd been evidence of a dog or smoking I would be more inclined to repossess. Otherwise I think it would be harsh. 

[Carryon Regardless]

A g'tor can't resign, unless there is some clause in the deed. Where is the point in taking a g'tor that can just opt out some time later. Not having revenue is their concern, you can't realistically be expected to understand their changing situations in life.

My comment was that if the g'tor doesn't trust the T then you certainly have increased risk. A g'tor will usually have better understanding of a T. Now if there is now g'tor where is your protection against loss of rents ++, and more than that in my experience who do you contact if / when the T absconds?

[Acura]

Hey y'all (very Texan!)

Did the site go down last week? I tried to access the forum and couldn't. Who are the admins if there are site issues? I'd hate to lose you all!

Wanted to come back to this and update. 

Carryon - thanks for your advice about a guarantor not being able to quit. I rang the NLA and mentioned what you said and they confirmed the guarantor can't just decide not to be a guarantor anymore. My management agents clearly know squat as they didn't contest it at all and asked me to sign an indemnity to say I was happy for the tenant to be guarantor-less. That wasn't happening, especially after your advice. 

And as for the complaints about dog and smoking - I've given the aggressive and rude neighbour the MA's details and I've now washed my hands of it. I'm happy with their findings and I will let them deal with her and her temper. Can't be doing with aggressive emails being fired in my direction because I'm not jumping all over my tenants. 

So thanks everyone for your advice. Invaluable as always. 

Cheers ?

[Carryon Regardless]

Glad to assist. Every little helps as the wife says to me.

 

 

 

 

 

 

 

 

 

 

She should know as she does the shopping.

 

 

 

[kerbut]

The site did not seem to be working last weekend and Monday