My flat is being rented- tenant is not looking after it

rachyp

Can anybody help me here?
I spent thousands doing up my flat 6 months ago to rent it out, it rented straight away.
I have since heard from another neighbour that the tenant is not looking after the place. Tiles have blown off the roof and there is now a damp patch on the ceiling of one of the rooms.
My neighbour has seen this and let me know in a conversation yesterday but my tenant has not said anything. The tiles have been in the front garden for the best part of two weeks, so this is not a brand new issue.
My contract with the tenant is a bogstandard one from WH SMith with no added clauses.
Where do I stand with going round to inspect the flat (do i have to give them 24/48 hrs notice to be let in?/what if they refuse to let me in?)
I have contacted the tenant by phone (no answer) and by email (no reply)- am I within my rights to give them notice to vacate the flat bearing in mind they still have 7 months left on the contract?

Please help!

david29dpo

Firstly, looking after the flat does NOT include the roof, that is for you or your freeholder. Will the tenant know which flat the tile came from? If so i agree the tenant should have mentioned it. You have no right the inspect the flat, its up to the tenant. You can give the tenant 2 months notice in 5 months.

Accountant_Kerry

:eek:it scares me how little some landlords know before renting out a property!

BornAtTheRightTime

If there is a damp patch on one of the ceilings that the tenant has seen (and how else would the nighbour know?) then the tenant has a duty of care to inform the landlord, regardless of whether he/she has spotted the tiles and figured out where they're from.

I don't know whether it constitutes an emergency, allowing the OP to enter the flat unauthorised to inspect/fix, but it certainly justifies a letter to the tenant advising that they have been made aware that there has been recent damage in high winds and requesting a visit to inspect/rectify. I think the above 2 posters got out of bed the wrong side this morning!

One of our experienced landlords on the forum will advise further, I'm sure. But it is not a situation that can be ignored.

corbyboy

How can a roof tile belong to a particular flat? And how do you know there is a damp patch without having been in there to see it?

No, you can't ask to come round and see how he is looking after the flat unless you have an inspection clause in the contract on it is an emergency. I don't think a damp patch constitutes an emergency. It isn't your flat now, it's his until his contract expires. You can't kick him out early because of a rumour you heard from your neighbour.

BornAtTheRightTime

You can ALWAYS ask anyone, anything.

Wee_Willy_Harris

Have you even popped round for an external check of the roof damage? I'd have thought getting that repaired wouldn't be too difficult without access to the interior. I'm not aware of any roof tile replacement method done from the inside!

clutton_2

As a LL myself... i can assure that any landlord is entitled to write to ask the tenant if they may come and do an inspection - giving them a minimum of 24 hours notice... A tenant can say no.

This situation need not get into any kind of confrontatioin as this is not the tenants fault.... this is the bad weather and it is up to the LL to fix it as soon as possible to prevent damp getting into the property. IF the tenant complains to Environmental Health you will be force to fix it.

If i were you i would write a polite note saying that you would like to come on x date to inspect the damage. If you get no response, then just get a roofer and go with him and fix it.

In this weather, you need to keep the property and the tenant free from damp

tbs624

corbyboy wrote: »

No, you can't ask to come round and see how he is looking after the flat unless you have an inspection clause in the contract on it is an emergency. I don't think a damp patch constitutes an emergency.

You misunderstand the law. Under the very same Statute which clearly sets our a LL's obligation to maintain a property ( the LL& TA85) it states that all ASTs carry with them an "implied covenant" that the LL has the right to inspect the condition of a property precisely so that he can meet his own repairing obligations. If a T refuses the LL has the option to pursue a court order to enforce access.

corbyboy wrote: »

It isn't your flat now, it's his until his contract expires. You can't kick him out early because of a rumour you heard from your neighbour.

Although these are discretionary, see below some of theGrounds on which the LL may seek repossession of the property:

Ground 12

Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Ground 13

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

The T is *obliged* to report repairs issues to the LL in writing, asap. If a T is aware that tiles have come off the roof/there is a damp patch inside the property but fails to report it then the LL may try to seek reimbursement for some of the repairs costs since clearly the damage becomes greater the longer the problem is left unrepaired.

Obviously with flats there is also the layer of responsibility between the LL and his/her FHer but if a T has the flat immediately beneath the roof, & has damp on the ceiling , then most Ts would think to (a) look at the roof and (b) report the issue to the LL so that the LL can liaise with the FHer and then get the interior repairs/decor sorted out.

This sort of thing is why most LAs/LLs prefer to do quarterly inspections.

OP - when did the FHer last arrange their own building inspection?

theartfullodger

Join RLA or NLA

Go on a course about how to be a landlord (both run them).

Realise that in business sometimes, like in life, you lose.

Next??

Jowo_2

rachyp wrote: »

...am I within my rights to give them notice to vacate the flat bearing in mind they still have 7 months left on the contract?

What screening did you perform on this tenant to guage their suitability? (Credit check, previous landlord references, ID check, employer references, previous address check through the electoral register, etc).

Did you place the deposit in a tenancy deposit scheme if the property is in England/Wales?

Did you draw up and the tenant sign an inventory/schedule of condition?

This is how you regain your property back which is significantly hard to do during a fixed term unless the tenant owes several months rent (applies to England/Wales) as otherwise the grounds are discretionary and a judge does not have to grant you possession.

http://www.landlordzone.co.uk/notice_to_quit.htm

http://www.landlordzone.co.uk/Possession.htm