advice needed, nightmare tenant!

defected

Hi

Ill try and be brief and im hoping you can help give me some advice as i dont know where else to turn!

I have a tenant in my property which is let via an agent, we have had problems for months with her paying late and in dribs and drabs, she is now around 2 months arrears and we are starting eviction process. She has complained recently that there are some repairs that need to be done, but we are refusing now due to the arrears.

However, i was notified that the roof arial and frame had blown off, (which was then removed by a roofer i arranged for safety) and this had damaged several of the roof tiles, i have claimed through my buildings insurance to have this repaired and we advised the tenant a roofer would be coming onto the property (not inside) to repair this. The tenant has refused this and says she will report us as tresspassing! can she do this? i thought it was just permission required to enter the property not to go on the roof that was required by the tenant, and if this is correct is there anyway round it as, if there is a whole in the roof there could be ongoing weather damaged affecting the property also?

thanks

Jowo_2

A landlord's responsibilities to maintain the property continue, even if a tenant breaches theirs by not paying the rent. If your agent doesn't know this and consented to this approach, then its no wonder that perhaps their tenant screening was so weak that they handed over a key to a poor tenant. Did they credit check her, take up previous landlord references and current landlord references.

Sounds like you've got a bad agent as well as a poxy tenant as well as being a poor landlord yourself.

clutton_2

no you are not trespassing - go ahead repair the roof, its your legal responsibility to do so...

tbs624

defected wrote: »

Hi

Ill try and be brief and im hoping you can help give me some advice as i dont know where else to turn!

I have a tenant in my property which is let via an agent, we have had problems for months with her paying late and in dribs and drabs, she is now around 2 months arrears and we are starting eviction process. She has complained recently that there are some repairs that need to be done, but we are refusing now due to the arrears.

I do hope that you have not refused in writing. Your Tis obliged to report repairs issues to you in writing and you then have to act. You absolutely *cannot* refuse to do the repairs simply because your T is in arrears.

Join NLA, RLA or LandlordLaw and familiarise yourself with your obligations ( tax deductible membership fees and discounted LL insurance premiums, plus much useful guidance, including specific training sessions)

defected wrote: »

However, i was notified that the roof arial and frame had blown off, (which was then removed by a roofer i arranged for safety) and this had damaged several of the roof tiles, i have claimed through my buildings insurance to have this repaired and we advised the tenant a roofer would be coming onto the property (not inside) to repair this. The tenant has refused this and says she will report us as tresspassing! can she do this? i thought it was just permission required to enter the property not to go on the roof that was required by the tenant, and if this is correct is there anyway round it as, if there is a whole in the roof there could be ongoing weather damaged affecting the property also?

Cover yourself by (a) getting *all* necessary repairs dealt with and (b) sending a copy of letters requesting access to the private sector rentals officer at the local council.

Where a T is refusing access for some repairs, is in arrears, and has reported other repairs which you haven't sorted out, you need to be careful to not line yourself up for a charge of tenant harassment

*Write* to the T, stating that you have arranged for the roofing work to be done, as it falls within your "s11 repairing obligations" ,and that the date on which the work should start is x. In that letter also set out what you intend to do about the other repairs and seek the T's co-operation.

Send a copy to the local Council's private sector rentals team, with a brief covering note explaining that the T is seeking to refuse access to the property for vital work.

Keep copies of all letters for your own records and if there is any discussion by phone, write confirming your understanding of the outcome.

Both Ts and LLs need to understand that rent and repairs are separate issues, and LLs especially need to understand that judges tend to take a dim view of any LL who fails to repair.

defected

thanks for the replies, the roofer is going this afternoon to carry out the repair, which i would now class as an 'emergency repair' as it is forecast rain for the next few days. i really hope she doesnt make a big deal of this!

as for the tenant, she used to live opposite with her parents and as she was pregnant and wanted to rent my property when it became empty, i spent quite a bit of time going round to their house updating them when it would be ready etc, and she seemed like the perfect tenant. Since seperating from her partner a few months ago it has gone downhill, even though she is getting housing benefit now, they pay her direct and then she doesnt pay the agent...

defected

thanks for the info tbs624, we crossed posts tho. Its difficult for me as i have a lot going on as well as being 7 months pregnant, i run the property through an agent so i dont have to get involved and yet when these things happen you dont really have a choice, the agent should know all this but he doesnt, ive yet to find a half decent agent, they all seem to be the same.

the tenant hasnt written to me but sent a text saying the shower isnt working and that the flags on the drive need adjusting as they have moved, and the roof needed repairing, which she now wont let us do!

clutton_2

if she is 8 weeks in arrears demand that the agent contact the local coucnil and get direct payment to him/her for the rent.. make him/her earn their money

defected

thanks, i mentioned that about the HB to the agent the other day as i read that on the internet, ive just spoke to him again now and he says hes going to contact them now. hopefully they will arrange to pay him direct so at least the arrears dont get worse thanks.