Demanding Tenant

[ronnie]

I have a new tenant of 6 weeks and after 2 weeks of being in the property is complaining about numerous things which I have had investigated by professionals and they have not agreed with her claims.One of her demands is to have a further radiator installed downstairs,because I would not agree to this, as I realised this would not satisfy her and her demands would continue(and they have!) consequently she refused access to a plumber who was going to replace a bathroom sink which the previous tenant cracked.

I have sent her a letter explaining that she is not complying with the contract. Soon after I received a letter not accepting the builders,electricians reasons and adding a further concern re exterior lighting and an uneven paving slab which could cause somebody to fall and then I would be sued!

The house is in good repair, in the last month 20% house redecorated, new interior light fittings installed, garden tidied,exterior painted etc etc. Accepted her having a pet, let her move items in early and more!

The tenant has paid 6 months rent as she doesnt work. (her hobbies are trying to get something for nothing, not putting the heating on,complaining about the cold! and sending me text messages)

The whole situation makes me feel very stressed and uncomfortable, and I believe that she will try and find some way of extending the contract and not paying.

I think I should probably cut my losses and give her notice to leave and give the balance of her rent back.Can I do this?What backlash could I expect?

By the way she also has a 10 year old daughter living with her.

[Simon Dewsberry]

The only way you can get her to leave early is by mutual agreement ....which doesn't sound very likely !

Maybe she is planning on staying a long time and wants to get the place "right " so she can do this happily ?

If you want her out ...earliest you you can get her out will be defined in your ast by the "initial fixed period" usually 6 or 12 months ..

Simon

[J4L]

I think I should probably cut my losses and give her notice to leave

What losses have you incurred? None up to now, you are holding 6 months rent!

Did you do a full inventory on check in? Did she sign it?

Don't allow this T to bully you. Log everything you do, say, write, receive and cover yourself should this need to be taken further.

You have 2 options I think

1) allow her to leave and refund any monies taking off 'reasonable' costs of re Tenanting(if you feel inclined to do this)

2) Serve her Section 21 Notice to come into force at end of contracted period. (I'm guessing you signed her in for 6 months?)

[GPEL]

Yes to all of the above. Put it in writing to her that you will do everything possible to meet your obligations as a responsible landlord, which includes responding to routine repairs within 14 days and emergency repairs as soon as possible where they fall within your repair obligation. (Advise her to follow the disrepair protocol if she believes you are not meeting your obligations) However, you cannot do this alone and need her co-operation in the matter.

There is no requirement on you to further enhance the property so long as it meets acceptable housing standards within the prescribed Health and Safety Rating System. If she believes this is not being met, then explain you are happy to consider it but if you cannot agree on the outcome she is welcome to report it to the relevant council department for their assessment.

[ronnie]

The only way you can get her to leave early is by mutual agreement ....which doesn't sound very likely !

Maybe she is planning on staying a long time and wants to get the place "right " so she can do this happily ?

If you want her out ...earliest you you can get her out will be defined in your ast by the "initial fixed period" usually 6 or 12 months ..

Simon

I think you are correct, though she has indicated that she would like to leave earlier than the 6 month agreement which I agreed to. Then 3 day's later refused access to the plumber unless I agreed to put another radiator in the room. I would have done this if my instincts hadnt told me that this was not going to be the end of it, she did follow up with a UPVC back door, bedroom window... the house is partially double glazed.

Thanks for your advice

[ronnie]

I think I should probably cut my losses and give her notice to leave

What losses have you incurred? None up to now, you are holding 6 months rent!

Did you do a full inventory on check in? Did she sign it?

Don't allow this T to bully you. Log everything you do, say, write, receive and cover yourself should this need to be taken further.

You have 2 options I think

1) allow her to leave and refund any monies taking off 'reasonable' costs of re Tenanting(if you feel inclined to do this)

2) Serve her Section 21 Notice to come into force at end of contracted period. (I'm guessing you signed her in for 6 months?)

Yes I did a full inventory with the previous letting agent in attendance, but no I didnt get her to sign it which is negligent of me.

Yes, I signed her in for 6 months. Quite honestly I would be happy not to charge her for re Tenanting costs.

Thanks for your input, very much appreciated.

[ronnie]

Yes to all of the above. Put it in writing to her that you will do everything possible to meet your obligations as a responsible landlord, which includes responding to routine repairs within 14 days and emergency repairs as soon as possible where they fall within your repair obligation. (Advise her to follow the disrepair protocol if she believes you are not meeting your obligations) However, you cannot do this alone and need her co-operation in the matter.

There is no requirement on you to further enhance the property so long as it meets acceptable housing standards within the prescribed Health and Safety Rating System. If she believes this is not being met, then explain you are happy to consider it but if you cannot agree on the outcome she is welcome to report it to the relevant council department for their assessment.

I sent her a letter last week with assistance from a very helpful chap from another Landlord website, which listed everything I've done as a diligent and flexible landlord. The response in writing (by a visiting friend) disagrees with the conclusions drawn by the builder and electrician and Then proceeds to add more things to the list e.g. Outside lights and paving stones, and the veiled threat that 'we' could be sued if anybody were to fall.

Also in the letter is her agreement to now let a plumber access only if its a suitable time for her,and goes on to say she will not be responsible for there workmanship, which I would not expect her to be anyway. I'm slowly running out of tradesmen, and we know how hard it is to get them anyway!

[SPEEDTWIN]

Dont you just love tenants like that? I would serve section 21 (corectly) then if you are sure everything is covered i under your reponsabilities as a landlord ignore all other contact. But be prepared to apply to the court with payment on the first day she due out (if she doesnt go)

Check your insurance to see if you are covered if she trys to claim

[Simon Dewsberry]

On the other hand i have an american T who wanted everything perfect ...for the first 2 weeks she drove me bonkers ..on the phone everyday about one thing or another ...the flat is now perfect in every way !!!

the good news is that she keeps it that way !!

so not always as bad as it seems !

Now that you have had paving stone pointed out to you ...if there is an accident i wouldn't fancy your chances ...

Simon

[GPEL]

Don't throw the baby out with the bath water just yet. As Rodent says, it may just be initial teething problems and the American analysis may come true. Explain to her that you are keen for her to enjoy the property, meet your obligations and consider any other requests outside of the contract. Seems to me that she's cutting her nose off to spite her face by denying trademen access. Pass it back to her, give her your plumbers number and ask her to call him direct or vice versa in order to arrange a mutually convenient time for access. Your involvement sorting dates makes it more complicated in this type of scenario.

[ronnie]

On the other hand i have an american T who wanted everything perfect ...for the first 2 weeks she drove me bonkers ..on the phone everyday about one thing or another ...the flat is now perfect in every way !!!

the good news is that she keeps it that way !!

so not always as bad as it seems !

Now that you have had paving stone pointed out to you ...if there is an accident i wouldn't fancy your chances ...

Simon

I wish my T was showing signs of either a)being satisfied b)house proud. Its a 2 bedroom Victorian end terraced with a large garden,3 yr old kitchen and Wow factor bathroom thats only 4 yrs old and cost me 5K! Property was valued two years ago when I started letting it at 210K, which aint bad for being upt North!

I can see the value reducing in front of my eyes as she doesnt do cleaning because it uses energy!

She hasnt bought any furniture as she doesnt intend to stay long, consequently the place is a tip!

Thanks for your advice re paving slab,

Ronnie

[ronnie]

Don't throw the baby out with the bath water just yet. As Rodent says, it may just be initial teething problems and the American analysis may come true. Explain to her that you are keen for her to enjoy the property, meet your obligations and consider any other requests outside of the contract. Seems to me that she's cutting her nose off to spite her face by denying trademen access. Pass it back to her, give her your plumbers number and ask her to call him direct or vice versa in order to arrange a mutually convenient time for access. Your involvement sorting dates makes it more complicated in this type of scenario.

Your comments re initial teething problems are definately food for thought. It really helps to have other Landlords opinions based on real experience.

The T doesnt want the sink replaced as she can not see a direct benefit. Tho the added complication is that the previous tenant cracked it, and the bond is being held with the letting agent that I used to use until all costs are presented. So I've already paid out for a new sink, decorating, dry cleaning of curtains, gardening etc etc

Agree re complicated scenario.

Cheers

Ronnie

[ronnie]

Dont you just love tenants like that? I would serve section 21 (corectly) then if you are sure everything is covered i under your reponsabilities as a landlord ignore all other contact. But be prepared to apply to the court with payment on the first day she due out (if she doesnt go)

Check your insurance to see if you are covered if she trys to claim

Mmm...Very much! Nothing is ever straight forward, and have had minor ish problems before, but nothing like this. Imagine I even sent flowers, chocs and wine when she moved in. Wonder if I can get em back?!Only joking.

Will be carrying out your advice.

Many Thanks

[Simon Dewsberry]

Prob not ..but you could take them off her bond LOL

(some one will now tell you that you cant do this !)

S

[J4L]

Simon

Prob not ..but you could take them off her bond LOL

(some one will now tell you that you cant do this !)

Mmmmm,

if I didn't know you were joking here i'd be one of them . . . .

[Simon Dewsberry]

I sent J4L some flowers, chocs and wine.....

but carrier couldn't locate him to deliver,

so they were returned to sender .....

and very nice they were too..............Hahaha!

S

[J4L]

I sent J4L some flowers, chocs and wine.....

but carrier couldn't locate him to deliver,

so they were returned to sender .....

Yup, I was off out with another LL Simon, sorry . . . . .

The truth had to come out eventually . . . . . . .

It's better this way . . . . .

Love is hard isn't it . ..