Problem with tenants

Woodmill_2

Wonder if anyone can help me?

A girl with her boyfriend moved into my flat that I rent out in September. I have today received a letter from her saying the following:

The flat is damp - it isn't - it is a small flat which they refused to air - didn't open window or put vent on when showering. Drying clothes all over the place and not using tumble dryer or drying room.

The flat was unclean when moving in - why they are only mentioning this now I don't know.

I didn't do a pre-let inspection. Well, yes I did but not worried about this.

When they moved in the heater in the bedroom wasn't working properly so I agreed to get a new one. I said it would take 7-10 days but actually took about 2 weeks. I have been trying without any success for the electrician to get access to the property. She wouldn't let me wait in (fair enough) she wouldn't call him and then wouldn't give me permission to give the electrician her number. So here we are in December and it still has not been fitted.

She says she's not been paid this month and is therefore using her deposit for this month's rent and is terminating her lease (no word from the boyfriend though who also signed the lease). What can I do?

I am happy to let them go once they have paid their rent (they will get their deposit back if all ok) and I manage to find new tenants.

Any help very much appreciated.

pinkshoes

Well no doubt the damp is caused by clothes drying and not opening windows after showering!! This is just basic common sense, so is entirely their fault.

If you didn't do a pre-let inspection, then you can't actually prove if they've damaged something, as you don't know the condition when they moved in.

As for the heater, they're being stupid. Write to them (recorded delivery) asking them for a date when you can have access to fit the heater. You have been more than fair so far.

If they don't pay their rent, you can pursue them through the small claims court for rent for the entire 6 months, or at the very least until you find a new tenant, plus costs of getting a new tenant.

skintandscared_2

What length of contract do you have with them? I'd assume the least would be a six month contract, which means they are liable for the rent until at least February, unless you get new tenants in.

Sounds to me like they have over-stretched themselves and realised they can't afford the rent, and are now drumming up all sorts of excuses to try and get out of the tenancy.

If they are going to be awkward then I suppose it's up to you what you want to do from here. If you will lose money by them staying in your property and not paying rent then I guess it's in your best interests to get them out ASAP and get decent tenants in.

Woodmill_2

Thank you so much for answering.

Re the pre-let inspection we went through everything when I prepared the inventory and she packed up what she did and didn't want. The inventory was changed about 3 times and it also states the condition of items.

Woodmill_2

skintandscared wrote: »

What length of contract do you have with them? I'd assume the least would be a six month contract, which means they are liable for the rent until at least February, unless you get new tenants in.

Sounds to me like they have over-stretched themselves and realised they can't afford the rent, and are now drumming up all sorts of excuses to try and get out of the tenancy.

If they are going to be awkward then I suppose it's up to you what you want to do from here. If you will lose money by them staying in your property and not paying rent then I guess it's in your best interests to get them out ASAP and get decent tenants in.

Yes, it is a 6 month lease. I will let them go early if they want to but I am writing a letter to them saying it will only be when new tenants have been found and when their rent is brought up to date.

Woodmill_2

Just another question-

I have started to write a letter. Would you answer each point she has raised or just go straight in and say if they want to leave it will be when new tenants are found and when their rent is brought up to date?

Mention small claims for the full 6 months and hope they will pay up?

I know they are wrong with everything else but I don't want it to be a slanging match. I just want them to go although it would be nice to have my say!

sooz

Certainly mention the new heater in writing. You want written proof that she's being obstructive should they try going to enviromental health. List every time you contacted her about this.

pinkshoes

Woodmill wrote: »

Just another question-

I have started to write a letter. Would you answer each point she has raised or just go straight in and say if they want to leave it will be when new tenants are found and when their rent is brought up to date?

Mention small claims for the full 6 months and hope they will pay up?

I know they are wrong with everything else but I don't want it to be a slanging match. I just want them to go although it would be nice to have my say!

Firstly I'd start by pointing out that you can't fit the heater unless you have access, so could they provide you with a selection of times and dates when they're willing to let someone in to fit it.

I'd also say that they should ventilate the property when drying clothes or showering to avoid damp.

I would then tell them that they're legally obliged to fulfil their 6 month contract, so must pay their rent until <insert date>, as otherwise you are entitled to take them to court. However, if they would prefer, you will re-advertise the property, and when new tenants have been found, they can leave, and any expenses from finding a new tenant will be taken from their deposit.

skintandscared_2

pinkshoes wrote: »

Firstly I'd start by pointing out that you can't fit the heater unless you have access, so could they provide you with a selection of times and dates when they're willing to let someone in to fit it.

I'd also say that they should ventilate the property when drying clothes or showering to avoid damp.

I would then tell them that they're legally obliged to fulfil their 6 month contract, so must pay their rent until <insert date>, as otherwise you are entitled to take them to court. However, if they would prefer, you will re-advertise the property, and when new tenants have been found, they can leave, and any expenses from finding a new tenant will be taken from their deposit.

Couldn't have put it better myself :T That's exactly what I'd say too. I mean, it's not rocket science.... we're tenants on the first floor with no garden to dry clothes, but I have a dehumidifier in the spare room where we dry clothes and it's probably the dryest room in the whole flat!! If they are both on the lease then they are jointly and severally liable for six months' rent. And they CANNOT use their deposit as rent!! Just to check - you have put their deposit in a protected deposit scheme, haven't you...?

Woodmill_2

Thank you! I'm in Scotland so don't have deposit scheme.

dander

I'm not a landlord, so I wouldn't rely on my advice!

But it sounds like they are just grasping at straws to try and get out of the contract, so they know you are entitled to ask for the full 6 months rent, but are trying to wriggle out of it. So I would recommend just replying with a clear statement of the legal position - ie: they can't use deposit as rent and they are liable for the full six months, but that you are prepared to readvertise etc. Be brief and professional and make it clear you know what the legal position is.

I would just put a sentence in about the heater saying something like, "As previously discussed the new heater is ready for installation once you allow an electrician access to the property."