Building regs and "unstable" tenant

Wordsmith

Background (you don't have to read all this, but it may help to understand my questions): I have had excellent tenants for four years. In January this year they approached me to ask if I would sell the house to them. After much soul searching I accepted and we agreed a price. They dragged their heels but eventually instructed a solicitor in March. In April, when answering standard queries I informed them that I did not have building regs for the removal of a chimney breast. Their solicitor said that they agreed to an indemnity insurance to cover this. In June they came back to me and said that a builder had supplied a report to say that the works could be dangerous and would need to be rectified; the tenant/buyer said that he did not know that he had agreed to an indemnity insurance. The buyer then sent the report to his solicitor, who was duty bound to send it to the mortgage company, which had already agreed the mortgage. I may be being cynical here, but it transpired that the builder was a friend of the tenant and just ever such a tiny bit of me, ahem, thinks this was all to do with getting something knocked off the price. Anyway, the mortgage company got back and said that they were still happy to provide the mortgage and had no issue with the chimney removal. The tenants said they still wanted to buy and they had sent off the deposit monies to their solicitor. Three exchange dates came and passed with no exchange and no explanation. A very long story cut short ... they kept insisting they had sent the deposit but the solicitor never received it. Of course, while saying they wanted the house, they hadn't ever sent the money. I have absolutely no idea what they were gaining from this, as that sort of lie is not sustainable for too long. For what it's worth, I don't think the issue of the chimney had anything to do with them not buying the house. From what Mrs Tenant told the letting agent about Mr Tenant, I do wonder about his mental state (I promise that's not just me saying it because I am cross [and let me tell you I am very very cross at being led up the garden path for six months and promises that didn't materialise, not to mention the solicitor's bill that I can ill afford]), because, I have found out, he has done something similar in the past.

Now, the tenants want to continue renting the house. I don't want to let my anger get in the way of doing the right thing, so my questions are:

Would you agree to letting them stay renting? As I say, they have been excellent tenants, never any problem paying, really looked after the house and garden, etc. They aren't afraid to ask for what they want, but that is their right. In many respects, I have no problem with them staying. My concern, really, is whether Mr Tenant can capitalise on the situation in any way. That is, if he grasses on me to the council about not having building regs (and don't tell me off for that - it's another long story and I didn't have any choice in the matter, but I am satisfied the work was done well, although I will get a structural engineer in for peace of mind), I presumably I will have to knuckle down and get the work sorted out, which will probably cost thousands. What I am concerned about, is can they gain in any other way, e.g. asking for compensation or something? Demanding I pay their rent somewhere else if I have to get work done? "Creating" a problem with the work in order to get compensation or try to buy the house again at a reduced price? I just can't let go of the thought that they are going to "use" the information in some way.

Sorry for the essay. I am clinically incapable of writing succinctly!

theartfullodger

a) Issue S21 followed by eviction if necessary...
b) Apply to council for building regs approval retrospectively - you're gonna need it some day ain't you??

Wordsmith

Thanks for replying. My solicitor advised against talking to the council, because then I couldn't offer the indemnity insurance. If I try to get it retrospectively now, I will have to have the works redone, which will cost, possibly, thousands, which I don't have. At the moment, I am concerned only that it is safe - so I will check that out with a structural engineer. Other than that I am worried about the tenant - should he stay or should he go, and if he stays can he use the information?

devotee

Give them notice to move out.

RAS

Periodic tenancy? Section 21.

theartfullodger

Wordsmith wrote: »

Thanks for replying. My solicitor advised against talking to the council, because then I couldn't offer the indemnity insurance. If I try to get it retrospectively now, I will have to have the works redone, which will cost, possibly, thousands, which I don't have. At the moment, I am concerned only that it is safe - ...............

Tough (sorry to be blunt..). Think you'll find that until you get building regs sorted your insurer (you do have proper LL insuracne don't you?? ) may not pay out if there is a "incident".. That's your biggest issue IMHO.. and the tenant, who may well be reading this merry thread, has no doubt worked it out already...

That a structural engineer says it is "safe" won't help when it comes to the court case of the crushed innocent wee tenant's grandkids...


So, time to get wallet out, life is hard, sh*t happens, sometimes I lose money in a year as a landlord ..

Wordsmith

Thanks for your responses.

Yes, I do have landlord's insurance. Yes, I may need to get the work redone at some point. Yes, of course it must be safe.

Generally, you all seem to think the tenant should go. That is my gut feeling, but Mrs Tenant has been on the phone to the letting agent sobbing because she doesn't want to move and I am worried that my gut feeling is coloured somewhat by my anger at being let down by them not buying. They have been good tenants, and I am mainly concerned they can in some way try to gain from the chimney situation.

If I have the work redone, the tenants will have to move out for the duration, I am assuming. In that case it may be best to give notice and get the work done, not worry any more about them, and find new tenants afterwards. However, if the work isn't done immediately - and I am satisfied what is there is safe (insurance issues notwithstanding) - do you still feel they should go? Why?

ILW

Badly done chimney breast removal is a potential death trap. There could be around a ton of masonry being held up by virtually nothing.

devotee

Wordsmith wrote: »

Thanks for your responses.


If I have the work redone, the tenants will have to move out for the duration, I am assuming. In that case it may be best to give notice and get the work done, not worry any more about them, and find new tenants afterwards. However, if the work isn't done immediately - and I am satisfied what is there is safe (insurance issues notwithstanding) - do you still feel they should go? Why?

Give them notice to move out and get the work done. If they want to move back in when the work is done then fine. Otherwise you can find someone else.

theartfullodger

Timing.. (sorry, seemed obvious to me..) that I'd suggest ...

a) Issue Mrs T with S21 (and any other ) paperwork to start eviction process, today..... minimum 2 months..
b) If Mrs T does not leave when hoped-for pursue eviction process.... probably another 2-3 months... Hope Mrs T does not raise her "vulnerability" and/or lack of building regs with court.. even if she does you should still get possession order, then send round bailiffs...
c) When house with vacant possession call council building regs .. (as calling before Mrs T leaves can make life V difficult if Mrs T raises issues ) and see what they say - line up a trustworthy builder well-regarded by Mssrs council..
d) Get works done & certificated...
e) Rent out again and/or flog the place...

I'd not even consider trying to get the work done with Mrs T in.. others may have differing views..

I'd find new tenants, not let Mrs T back, unless there was some very very very very good reason (like she was prepared to pay over-the-odds..).

You'll appreciate ALL of this will cost you time & money...

Wordsmith

You are all right, of course. Thank you.

I have just asked a builder to provide a quote, so I at least know what I am dealing with, and I will use this as an excuse to ask the tenant to leave. I know I don't need an excuse, but I don't want them thinking I am just being vengeful because they are not buying. Back in January, it all seemed so simple ...

When they have gone, I'll contact Building Regs and take it from there.