Various Questions :^(

[SIMBACUBS]

Hi Everyone,

I'm under pressure from my tennant in regards to maintenance.

* The back door needs replacing - This is being completed this coming weekend.

* The ceiling in the kitchen needs repairing and replastering - builder is going round there Friday to take a look

* The back wall of the house has damp issues, the damp is seeping through into the internal wall - builder is going round there Friday to take a look

* The fence needs replacing which I am in negioation with the neighbour and hope to complete within a few weeks.

Questions....

* I do have insurance on the property, but do you think it would cover damp problems? Is this common.

* The tenant has stated on the phone last night "she's not putting up it" after I explained the schedule on how to approach it and says she's looking for another let property. Obviously I will obtain this in writing, but is it just a question of accepting a letter with a months notice?

* Do I need to maintain the carpets? i.e replace if they are worn?

* If I suddenly decide I don't want this tenant in the house anymore, can I just give notice (a month) / do I have to specify a reason?

Pretty stressed with calls so any advice will be apprecaited.

Thanks very much.

[LLAW96]

I do not want to sound mean but if you are going to be a landlord you need to know the basics.

1. What does your insurance policy actually say, was the damp caused by a specific event i.e storm, broken drain, detached gutter or is it the case that the property has not been maintained leading to penetrating damp, or is it the case that the dpc layer has broken down and you have rising damp, or is it condensation run off. In any event unless it is a specific insured loss your insurers are unlikely to foot the bill.

2. If she wants to leave and there is a break clause in the tenancy then she is free to do so. If not she will be in breach of contract if she up sticks and leaves. This will give you a potential claim for damages for lost rent subject to you mitigating your position by trying to find another tenant. Having said this she will probably raise the condition of the property which may in turn give her a potential counterclaim. If you come to an agreement for her to surrender the property then that can be done by deed and you can both go your own ways.

3. In relation to your carpets are they part of the letting agreement eg furtnished let if so your problem turns more on if the the carpet is worn and your tenant trips and falls will you be hearing from Claims Direct etc.

4. This will depend on your tenancy agreement, is there a break clause, if not you are committed to at least the end of the term (subject to a minimum of 6 months if an ast) if the term of the tenancy has expired then you would have to serve a notice under s.21(4)(1)(a) and your notice would have to be at least 2 months ending on the last day of the tenancy. This is of course assuming you have taken a deposit and protected it via an approved scheme if not then seek advice.

[SIMBACUBS]

I appreciate your prompt reply.

I am learning all the time, and the below is very helpful.

Thanks again.

I do not want to sound mean but if you are going to be a landlord you need to know the basics.

1. What does your insurance policy actually say, was the damp caused by a specific event i.e storm, broken drain, detached gutter or is it the case that the property has not been maintained leading to penetrating damp, or is it the case that the dpc layer has broken down and you have rising damp, or is it condensation run off. In any event unless it is a specific insured loss your insurers are unlikely to foot the bill.

2. If she wants to leave and there is a break clause in the tenancy then she is free to do so. If not she will be in breach of contract if she up sticks and leaves. This will give you a potential claim for damages for lost rent subject to you mitigating your position by trying to find another tenant. Having said this she will probably raise the condition of the property which may in turn give her a potential counterclaim. If you come to an agreement for her to surrender the property then that can be done by deed and you can both go your own ways.

3. In relation to your carpets are they part of the letting agreement eg furtnished let if so your problem turns more on if the the carpet is worn and your tenant trips and falls will you be hearing from Claims Direct etc.

4. This will depend on your tenancy agreement, is there a break clause, if not you are committed to at least the end of the term (subject to a minimum of 6 months if an ast) if the term of the tenancy has expired then you would have to serve a notice under s.21(4)(1)(a) and your notice would have to be at least 2 months ending on the last day of the tenancy. This is of course assuming you have taken a deposit and protected it via an approved scheme if not then seek advice.

[Mortitia]

Insurance does not cover poor maintenance. Go and look at the property with the builder and let him explain to you where the damp is coming from. You will learn something about buildings. I bet it is leaking pipe or gutter causing the grief.

Have you thought about taking up a different career from being a Landlord?

Mortitia