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Landlord or Tenants responsibility?

bel2310
Posts: 94 Forumite
I would appreciate some advice . I inherited a property which is rented out, because I am new to the landlord thing the property is managed by a local estate agents. They have contacted me to say the tenant has said a curtain pole has "fallen" off the wall taking a chunk of plaster and do I want their managment team to deal with it. Although I do not know how long the curtain pole has been in place the house is only 15 years old so I am surprised the plaster has fallen off. I suspect the tenants young child has been swinging on the curtains. But regardless of the cause is replacing this pole my responsibility or the tenants?
Thanks in anticpation .
Thanks in anticpation .
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Comments
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Congratulations on your inheritance...
It depends (common phrase in LL & T stuff...)
Clearly if curtain pole "fell off wall" of it's own accord then it is LL responsibility.
If however Tenant (or T's kids) woz the culprit it would be considered by most punters to be T's responsibility.
In your shoes I'd agree to pay (smallish amount) but assume Agent was trying it on. I'd want to bring the current tenancy to an end & start afresh with a new agreement etc. etc. So I'd suggest letting agent is asked to give Notice2quit by section 21 notice...
But then that's my view...0 -
Unless you have proof that the tenant caused the problem then you need to pay to fix it. Accusing the child of swinging on it isn't proof.
It is probably better for you to build up a relationship with your own repairmen in the area of the property, as it's cheaper than getting them through the agent.I'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
Thank you for the replies. For now I am tied in to the agents management team to do the repair, but will definitely look at sourcing local tradespeople in future.0
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artful says - """So I'd suggest letting agent is asked to give Notice2quit by section 21 notice... ""
i just lurve the way you jump in with both feet sometimes - we know nothing about how long the tenant has been in place, whether they have been good tenants apart from this, whether the rent is paid on time, or not, and because one possibly 15 year old curtain rail falls off the wall (wear and tear possibly ??) you want to get rid of the tenant !!!!!!
Calm down man .......
and OP =- dont jump to conclusions - may i suggest you join National Landlords Association (tax deductible fees) and learn about your new business - for that is what you are running. It is a complex business, even with one house, and YOU are responsible in law if your agent mucks up - so get reading on www.landlordzone.co.uk as well as www.singingpig.co.uk -
The essential guide to TEnants rights by Tessa shepperson is an excellent book also
good luck0 -
Is the curtain pole in the inventory? Did the tenant bring it to the house? Answers to these questions could modify the advice.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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The curtain pole was already in situ, I do not know if it was on the inventory as I have not seen a copy of one. This is one of the things I have concerns about with the agents. The only paper work they have sent me is a copy of the tenancy agreement and they have signed the landlords part on my behalf. The tenant moved in 3 months ago. Previous to this the property (which was owned by my late mum) was occupied by another tenant and my brother looked after things as he lived nearer to it. Although new to the landlord thing I am beginning to think the agents are taking the p***. For instance when the tenancy agreement copy came to me it was for a year, yet with the previous tenant we had an initial 6 months tenancy which we then extended. I will definitely join NLA and have a look at those sites. Thanks very much indeed.0
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do make sure that the agent has deposited your tenants deposit with one of the three deposit schemes which are now compulsory0
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"Calm down..." You're not that nice Mr Winner R U ???0
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artful says - """So I'd suggest letting agent is asked to give Notice2quit by section 21 notice... ""
i just lurve the way you jump in with both feet sometimes - we know nothing about how long the tenant has been in place, whether they have been good tenants apart from this, whether the rent is paid on time, or not, and because one possibly 15 year old curtain rail falls off the wall (wear and tear possibly ??) you want to get rid of the tenant !!!!!!
Calm down man .......
Bit of pot.. kettle.. calling.. there Clutton, considering also your posts in another thread yesterday. Perhaps you are "jumping in with both feet", without clarifying with Artful *why* he made that suggestion?
If you inherit a property with a T in situ, who has obviously been granted occupancy by someone else, and the tenancy is managed by LAs by whom you are less than impressed then some LLs do prefer to serve a S21 and start afresh under their own rules. Not necessarily fair on the T but if they are there on an AST there's the possibility that it will happen.
In this case, the T has only been in for 3 months out of a 12 months FT. OP - have you checked the Tenancy Agreement for a Break Clause?
OP, have you actually arranged to introduce yourself to the T as the new LL?
Why not contact the T ( in writing) & ask for a mutually convenient date for a property inspection and say that you'd like the T to be able to discuss matters direct with you so that you can address any problems with the LA and bring everything up to date.
This enables both you and T to put a face to the name of the other party and also to identify any specific shortcomings of the LA.
Have you checked the term of the Letting Agents Agreement? Do you know how much you are paying commission, what their charges are for renewals etc?
How prompt are they at passing the Ts rent on to you?
If the property is in Eng/Wales check whether the LA provided the T with an EPC
( Energy Perf Certificate)? Registered their T deposit? Provided a gas safety Certifcate?
Have a look at LandlordLaw.co.uk . Membership fees can be set against rental income and you'll get reductions on LL insurance premiums.
Anyone - yes anyone - can set up in business as a letting agent ( No quals, no training, no regulation and no common sense required). Don't ever let them tell you how to operate your rental: they work for you, so familiarise yourself with exactly what they should be doing on your behalf and make sure that they do it.0 -
Agree with tbs...
In OP's shoes I'd be inclined to write to T (copy to LA a couple of days later) introducing myself & suggesting a brief meeting/chat to say hello face2face and to ensure T was happy with everything (including LA's actions...) and why I was sending S21.
I'd offer T choice of venue of their property (yup, it's the Tenant's property, 'tis Landlord's investment) or somewhere neutral line a pub/cafe...0
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