Problem with tenant

roscolabri

Hello,

Let me give you a quick rundown of what's been going on, as I'd love to get some opinions from others who are in the know.

The following all happened between Feb and March.

It all started with the alarm, which wasn't operational and only used as a deterrent. After deciding to power down the alarm the tenant kicked up a fuss because his contents insurance states he has a fully operational alarm even though I never stated it was operational. To keep him happy I went and got it sorted out and it is now in a working condition (cost me £55 to service).

I was informed by my Estate Agents (they are fully managing the property) that the tenant wasn't happy with the shower, as it had no hot water. This was brought to my attention in Feb 09 around the 17th. The agents came back with a price of £1000, which I thought was pretty steep so asked them to get some quotes.

Anyway, I was also informed that the tenant had a problem with his TV aerial saying that the TV points were not working (never stated that they were). I replied and told him through my agents that there is a Skybox sitting in one of the rooms (which I used as my main living room) and he can get freeview through that. It turns out that he didn't want to watch TV in the same room as the skybox so asked me to get the aerial fixed. I was very annoyed about this because this isn't my problem. If he wants to watch TV in a different room it's down to him. It cost me £80 to get the aerial fixed as the original cable had been cut (and I had to let the cable guy in, I thought I wouldn't have to do anything).

Whilst I was waiting for the quotes for the shower, the tenant refused to pay his March rent until the shower had been sorted. I can't click my fingers and get the problem sorted out just like that.

My Agents received a 2nd quote about 2 1/2 weeks after the initial one and gave them the go ahead to get it sorted. The shower was fully installed Friday 13th March.

Everything was finally sorted and I was looking forward to getting everything back on track, but, low and behold, I get a call this morning from the agents stating that he still isn't paying his rent until I reimburse him for some professional cleaning that he had done to the property, and this was £600!!

I should briefly mention here that a) he didn't inform either the agents or myself before getting the place cleaned, and b) the property wasn't in a dirty state and the agents confirmed this.

By this point I'm fuming. Call me naive or whatever, but I just wanted everything sorted out as it's too much stress for me especially with what I'm already dealing with (parents died about 7 and 9 months ago which is why I wanted the agents to fully manage the property).

So I decided to settle the matter with him and have the agents take the £600 off of his rent payment which is around £900 p/m. In fairness to the agents, they were a bit miffed too but suggested that I sort this out as it would be costly to me, even more so if I didn't. I agreed as I just can't have a non-paying tenant.

Various people told me that I should kick him out but I'm thinking about this financially. I paid £160 to insure myself against non-paying tenants and this covers me for court fees etc. But my agents stated that I wouldn't necessarily win the court case because the shower is his 'ace card'.

If he was evicted I then have a period where I have no tenants and have no rent coming in until someone new is found, and I don't want that to happen. £600 less on his rent is better then 0 rent for x months. That's the way I see it anyways.

So here's a final rundown.

£55 Alarm service
£80 Aerial installation
£600 Professional cleaning.

Quite honestly I shouldn't have to pay for any of the above, but as I keep stating, I'm somewhat fearful that the tenant would just refuse to pay the rent.

Sorry for being a bit long winded, but I'm just so annoyed by this that I thought I would throw it to you guys n girls and get some opinions. Maybe I should take the costs from his deposit?

gordano_2

It sounds to me as though the tenant is trying it on with the £600 cleaning bill. Unless this was pre-agreed prior to the letting then it is not a cost you should pay. It also seems like your agent is not doing their job properly, if they are "managing the property" then they should have an inventory list stating the condition prior to letting, this list should have been confirmed and signed by the tenant - thus leaving no doubt about the property's condition and cleanliness.

roscolabri

I thought this too, but the thought of him vanishing and not paying the rent gives me one big headache. Even though I've paid it (through loss of rent), can I claim it back at a later date?

gordano_2

If the tenant does not keep to his contract and leaves owing money, you can pursue them (using one of the online tracing services), then take them to the small claims court, and if you are successful issue them with a CCJ. That said I prefer to discuss and resolve first without recourse to the courts.

princeofpounds

I'm assuming by posting this up you are looking for an opinion on events!

- With the aerial and burglar alarm I think you are in the wrong. If these items appear to be in the house then they should be in functional condition. The one exception to this is if you are upfront and volunteer the information to the tenant before agreeing the rental so it is clear on the inventory (You did not state - if that is the case my opinion would be very different).

Imagine how annoying it would be to walk into a house only to find out that the supplied TV had blown speakers, that the double bed actually had broken slats so was unusable, the hot water tap in the bathroom actually wasn't connected so you had to wash in the kitchen sink. These are all situations where something would have appeared to work unless you actually were using it, so your defense that 'I never said they worked' is quite flimsy and in any sort of consumer context (except housing funnily enough) would be more than enough pretext to return the product.

- With him not paying the rent, he is in the wrong. You do not explicitly state that seem to imply that you fixed all these things in reasonable amount of time, so you fulfilled your obligations as a landlord. In fact, although morally you were obliged to fix the aerial and alarm, you did not technically have to unless you actually claimed they were working. To me, you should be judged to your moral obligations and not just technical ones, but even so it was the right decision.

- With him and the professional cleaning, he is in the wrong. I can understand the sheer frustration if the place really was a tip - I have had three private rentals, in each one was promised it would be clean on entry and in each one it was not done. So in each one I forced the landlord to conduct it the very next day - the beauty of getting promises in writing But if it wasn't a tip he was very wrong and in fact he should have asked anyway.

So all in all I think he is a worse tenant than you are a landlord.

One thing worries me - the agent seems to think the shower is a trump card. You have a legal obligation with heating and hot water that is much more serious than normal repairs. If you were not reasonable in your approach to getting that fixed, then you were in danger of committing an offence. But nothing you say indicates that.

sooz

that's almost 1 month to fix the shower. Did your tenant have another shower to wash in during this time. Or was there a hot water supply to a bath?

Whilst you might have throught the agent's initial estimate was high, & wanted other quotes, this does seem like a long time to get a shower fixed. What was wrong with it?

I agree the other aerial points & alarm are your responsibility, unless you specifically told your tenant, before he moved in, that these did not work.

He didn't organise the cleaning in the correct manner, or approach you or the agent first, so it is a cheek witholding this from his rent. If there was a problem with the cleaning, he should have informed you or the agent, & got your permission to arrange his own cleaning at your cost, or allowed you to arrange it asap.

roscolabri

I'm not too fussed about getting reimbursed for the aerial and alarm, whether they were or were not down to me to get fixed (I told my agents what was and wasn't working, and they should have passed on the information to the tenant). Although saying that, I provided him with freeview. He just wasn't happy with the room it was in, which I don't see as my problem.

I also have no qualms about the shower situation which is why I wasn't too fussed when he withheld the rent, I even stated to the estate agents that I can see it from his point of view (even though my agents should have sorted it out sooner. I phoned them numerous times to see if they had new quotes but no plumber wanted to touch it). I don't see how the situation could have been sorted out any quicker less I donned a spanner and went to tackle it myself.

So basically the main thing I'm enquiring about is what to do with the £600 cleaning bill. I've paid it simply because I don't want any hassle and want him to get paying rent again a.s.a.p but I don't see why I myself shouldn't see a bit of that money back at the end of the day. Who's to say he won't suddenly decide that he's not happy with the decoration of the inside and totally re-do it and then charge me (exageration I know, but you can see what I'm saying).

Am I a bad landlord? Maybe. I had no plan to rent out my property, but current personal situations forced my hand. Each and every time I've been contacted by my agents I've tried to get things done, I'm playing ball but the tenant doesn't seem to be.

sooz

what do you want?
You've paid him the £600 for cleaning. Do you now want this back?
There is no question of you being reimbursed for the alarm or aerial. these were your responsibility, either to fix or inform the tenant about this before he moved in.
The agents don't sound very good. They should be sorting repairs out faster than this. You still didn't say what was wrong with the shower. Why would no pluber touch it? Did you try to get numbers of plumbers who would, & pass these onto YOUR agents.

If, ignoring all the other issues, a tenant of mine decided to withold rent for cleaning an already clean property, & had not mentioned this at all previously, he'd be served a section 21, and asked to leave at the end of the fixed term.

poppysarah

I don't know why he paid £600 to have the place professionally - but if it didn't hjappen in the first week of the tenancy then it's NOTHING to do with you what he spends his money on.
If it was to clear up after your workman then I'd want a receipt and then charge the workman for not cleaning up enough. (Or the LA if they organised the work)

The aerial is the tenants problem for 99% of people - their landlords tell them to get it fixed.
The shower is a minor issue. Was it checked that there was no hot water or that the tenant just fancied a posher shower.
If you've replaced a boring shower with a more exotic one then I'd be tmpeted to up the rent.

This tenant sounds a pita and the LA sound as bad.

MX5huggy

The tenant has pushed his luck and won! draw a line and don't be a push over anymore!

Has he paid the with held rent from the shower yet?

You won't able to get any of the £600 back. Have you got an invorty signed by you/LA and the tenant? that is the only way you will be able to make deductions from the deposit at the end if there is damage. Only pay for works authorised by youyr self or by the LA up to a limit that you are happy with.

Ask on here next time the T wants a sun shade for the back garden etc if it is a reasionable request.

roscolabri

He is taking the rent owed for March to the agents today.

I couldn't agree more that he's used me as a bit of a doormat. I know I've been ignorant and I guess I'll get on with things as usual. Hopefully I don't hear a peep from him for the remainder of his contract and then I'll be a happy bunny.

Thanks for the opinions all