Tenant living in a mess!

Fire_Fox

Colincbayley wrote: »

I must agree, from my own personal point of view, tenants may live as they wish. I don't even do inspection vists, the tenants phone me if they have a maintenance issue.
However, the point being, a LL could ( and god knows why they want to ) add a term in the AST, stating that the tenant must do the washing up twice a day, using fairy liquid and have sparkling glasses. If they add this term, and advised the tenant ( not just hide it in the small print ) then the tenant would be bound by it.

Much better off to stay out of tenants lifestyles if you ask me.

You may find such ridiculous clauses would be classed as unfair if any landlord tried to enforce them.

Colincbayley

Fire_Fox wrote: »

You may find such ridiculous clauses would be classed as unfair if any landlord tried to enforce them.

That being the point I was trying to make!

blckbrd

Mine and my neighbours' tenancy agreements have a condition clause - I put it there. I'm not sure why some landlords seem to accept their tenants living like pigs or why such piggery should be inflicted on neighbours.

There are many instances of condition clauses. Here are some examples

http://www.northtyneside.gov.uk/pls/portal/NTC_PSCM.PSCM_Web.download?p_ID=27169 section 5.7

http://www.canterbury.gov.uk/main.cfm?objectid=566

http://www.camden.gov.uk/ccm/content/housing/information-for-council-tenants-and-leaseholders/your-tenancy-conditions.en section 5c

I once visited a property because of a complaint of maggot ingress to the flat below. The level of filth was indescribably sickening.

It is not unreasonable to make it a contractual obligation to be clean and tidy although it may be impossible to enforce one's OCD/cleaning fetish through the courts.

Fire_Fox

Maggots isn't simply a 'clean and tidy' issue tho, it's an environmental health issue and as such doesn't need to be specified in the tenancy agreement.

bumpoowee

No you don't have the right to tell your tenant how to live. You have a business agreement with this person, they are not your pet and you do not own them. If you uncomfortable with the arrangement I suggest you terminate the agreement as quickly as you legally can.

theartfullodger

As a Landlord you have no right to try to force tenants to change how they live. You do have the right to the place back in reasonable condition - at tenanct end.

As a Scottish Landlord you will be a registered landlord (criminal offence if not), have a gas safety cert, electrical safety cert (in scotland..- not required in Engerland) and mains-wired interlinked smoke detectors, all other matters under PRHP including giving tenant prescribed PRHP info, etc...
http://www.prhpscotland.gov.uk/prhp/1.html

etc. etc. etc. etc.. Suggest you check you've done everything you should have done, I'm sure you will have..

The Sheriff Court is likely to find suggestions that Tenant stop living in "mess" and unannounced visits by Landlord as harrassement. She'll be in for a very long time if that happens.

If you not sure what to do suggest you contact SaL.

Cheers!

Lodger (LL in Scotland since 2000)

Geenie

haggis38 wrote: »

Thanks for those. To make it clear, I was about to post her lease through the door, I gave her a knock and was invited in. On previous inspections the house has been in a mess and she has found excuses to get me out as quickly as possible. I couldn't help but notice today that the walls were marked, flooring chipped, etc and a distinctly nasty smell. I am just concerned that things will get in such a bad way that it will cost more than her deposit to rectify.

I think you are right to think this. The chances of this tenant leaving the property in any fit state that doesn't require a lot of work and cost after she departs is comparable to the likelihood of pigs flying over your house, with horses on their backs! I have had tenants like this in the past, and it has taken months to get the property back to a habitable state.

As much as others may say the tenant is able to live as they wish, the AST probably states quite clearly about keeping the property in a reasonable state and upkeep. So not only do you have to keep your part of the agreement, but so does the tenant, and no excuses for either side.

In your shoes, I would start of by writing a letter about your concerns on the state of the property, then follow it up at a later date with an inspection, with plenty of advance notice. If no improvement, then I would issue notice, because the end results of tenants like this will cost a great deal to you if the property needs a major overhaul! What is bad now will be even worse 6 months down the road.

Try and be selective with your tenants, because grabbing the first one is never a good idea. Do all of the checks and referencing. And know everything about letting, because this tells prospective tenants that you mean business. Good luck OP and keep us posted.

Geenie

DVardysShadow wrote: »

Unless the right is withdrawn, there is a general implied right of access to knock at the door. The right which the Landlord does not have is a right to be let past the door. I would have thought.

The tenant invited the LL in I have assumed from their post! I have been at properties to just post a receipt through the door, or mail wrongly delivered, and have been invited in straight away, though I have made very clear indications that it was not necessary. Still on being invited in I will automatically make judgements, and assess the property. Who in their right minds wouldn't! The tenant invited the LL in, and it is not a case of the LL entering without consent. They were outside.

clutton_2

tenants have a legal duty to "behave in a tenant-like manner " - which surely includes keeping the property clean to the best of their ability.......

bumpoowee

clutton wrote: »

tenants have a legal duty to "behave in a tenant-like manner " - which surely includes keeping the property clean to the best of their ability.......

Of course, because a tenant is part of an underclass whose lives are merely tolerated in order to please the superior race of property owning landlords.

My rented flat is a mess because I have a 6 month old daughter and I have other things to do in my life than clean up every time she makes any mess. Of course I keep things sanitary however once for example she was ill and vomiting and the flat smelt quite bad as it is only small and myself and my partner were ill too and not up to cleaning everything thoroughly. Any landlord who tells me I have to dedicate my life to keeping their property (my home) clean is going to be told in no uncertain terms where to go.