Potential Problems with Tennant

clutton_2

how much is her deposit and which scheme is it in ?

Fire_Fox

gromit2303 wrote: »

Yes we have put a letter through the door today. We dont expect anything from her regarding the garden. We choose to do it before she left the property.

She told my husband on the phone that the carpet "wasnt a real carpet - that it was underlay". I'm sorry, I couldnt help but laugh. She is not the brightest spark when it comes to property! She spends more time having Welsh Dragons painted on her nails than looking after her home! I'm sorry if I sound bitter, I am a little. My husband just spent 30 mins on the phone trying to calm her down and get things sorted so that SHE was happy. She totally yelled all over him and was completely irrational. Made accusations that we only wanted access to the property to cover up the signs of damp or damage before she had time to photograph them etc! Quite what or why she intends to photograph and what she intends to do with these photographs is beyond us.

We have a damp proof report that was done on the property before she moved in showing that there was no damp....we are giving her a copy of this tomorrow. She claims that she will sue us for damage to her clothes where the said 'damp' has marked them. We had two specialist damp people in about 8 months ago. Both agreed there was a bit of damp in the kitchen (which we have now had fixed) where the roof wasnt sealed properly. The 'damp' she claims in the bedroom.......they told is not damp but condensation because she NEVER opens a window, drys wet clothes on radiators and doesnt put the heating on so as to save money.

At the end of my tether.....all we ever did was try to be helpful to her.

Don't put a letter through the door, your tenant can either say she didn't receive it or say that you are harassing her by turning up unannounced. Letters should be sent recorded delivery. Don't speak to her on the telephone either - especially not if your tenant is irate. Again, she can say she felt threatened by your husband - totally twist what was said.

You are not dealing with this in a professional manner and the above post doesn't convey a professional attitude either. This property is a business, this is not your home. Try not to have an opinion about the tenant's beauty regime as it is totally irrelevant. Stay within the law and only visit the property with written notice from you and permission from the tenant.

clutton_2

have you or the agent already issued a Section 21 to her ? if not - now may be the time to do so

if you are now managing this difficult tenant alone, then get over to the NLA website and join up immediately - you will have access to their wonderful legal helpline who can talk you through all the forms you will need to complete if this woman chooses to dig her heels in and not leave. (joining fees are tax deductible)

You also need to do a lot of reading on www.landlordzone.co.uk as to how difficult it is to get tenants out if they dont want to go

have you got a signed inventory from check-in ?

Kilmaley01

Hi Clutton,

We need to talk to the Agent in the morning to find out exactly what scheme. I believe the deposit would be a months rent...£450. Not sure, that was all taken care of between the agency and her. They word it in their paperwork as 'Zero In Scheme'. Will let you know tomorrow when we are 100% on the details.

Thanks for the support on the 'damp' / 'condensation' thing. We KNOW it's condensation and she refuses to accept this. My husband has just said that you are right and he will not give her a copy of the report. He also says, do you think we should get someone back to do another report after she has left, say the next day?

Kilmaley01

I dont believe she will not leave. She said today she wanted 'out'. But obviously is going to try and be difficult.

There is an inventory but again, I am sure this is with the Agent?

Kilmaley01

Whats a Section 21? We've never had issues with tenant's before so a bit niave really.

PayDay

gromit2303 wrote: »

Anyhow, she has given us notice about 2 weeks ago. There are a couple of damp spots in the house and we are have just had them sorted the last few days. She never complained to us prior today, when we went up to tidy the garden. The grass was 3 foot tall and weeds everywhere it was in a terrible state. I sent her a text saying "It's unacceptable the way you have let this garden go". I got a message back saying that the damp was unacceptable to live with etc and that why should she do us any favours by keeping the garden tidy.

How did you find out about the damp spots if she hasn't complained before?

She has to give the house back in the same condition she got it, less wear and tear. You don't get to tell a tenant what state they have the house and garden in, while the tenant lives there. To do so would be an infringement of the tenants legal right of "quiet enjoyment" and the landlord would be committing harassment.

What does it mean by "etc"? Does "etc" mean there have been othe repairs, as well as the damp spots, that she has told you about?

Have you been slow or failed to carry out, your repair obligtions?

If a landlord is slow to do their repairs, they lose the goodwill of the tenant.

Don't forget too that she doesn't have to let people view her home. You will need to be polite to your present tenant to get her permission to show other tenants the house and hope she doesn't tell them about the problems she has had with you.

Kilmaley01

Payday, thanks but I dont think you quiet understand the situation! She told us about what she thought was damp in the bedroom....we had it looked at.....both damp proof people confirmed it was condensation.

We have never harassed her or bothered her and there are no other repairs that she has ever asked /told us need doing. When we would see her out, we would ask if everything was okay and she always said yes. She has always known that she could contact us at anytime if there were ANY issues.

If she feels she has had 'problems' with us, then she has created / invented these.

She fails to accept that she has created the problem of condensation.........infact she fails to accept that it is condensation and not damp.

You cannot speak to her now. Since handing in her notice she has been blunt, rude, shouting, accusing etc. Totally irrational. She was never like this and always told us that everything was fine. Then out of the blue we had a TEXT giving a months notice saying she was moving due to personal reasons. On the phone tonight, she totally changed that story and is now leaving because of the 'damp'. She refused to listen to my husband explain about opening windows etc.

Fire_Fox

gromit2303 wrote: »

Whats a Section 21? We've never had issues with tenant's before so a bit niave really.

Do as Clutton says and join a landlord's association immediately. You will have access to all sorts of advice to get you up to speed on your legal rights and responsibilities. It;'s a minefield and if you go wrong it could be very costly.

A text is not notice. If the tenant or landlord has not given proper notice you may not be able to enter the property on the day the tenant leaves as she may claim possession. Put this into writing, recorded delivery. Don't get into a debate about the damp, deal with it by formal negotiation once she has officially vacated.

Just because you think you have not harassed your tenant does not mean she cannot claim that if you do not follow the letter of the law. You admit to being an amateur landord and many tenants take advantage of this. You must not ever attend the property without the express permission of the tenant. It is her home and you have no right to go there for any reason other than an emergency as unfair as that may sound.

PayDay

clutton wrote: »

have you or the agent already issued a Section 21 to her ? if not - now may be the time to do so

The tenant gave them notice 2 weeks ago.