Tenant refusing to use central heating

NorthLondonChick

Hi Folks. Apologies if this is in the wrong location. I'm a lurker rather than a poster!

I have a one bed BTL flat in sw scotland. I have had the same tenant in it for the past 4 or 5 yrs. He is on benefits due to his mental health issues and the rent gets paid directly to my letting agent who then takes his commission and passes whats left to me. (I live in london so i cant manage the property myself).

My tenant is mostly ok. The main problem i have is getting him to do stuff. Last yr I went 6 mths without his rent as he wouldnt let the council in to check his benefits were up to date. Ther was a leak in the bathroom which he never mentioned to anyone and so the whole wall went black with mould/wallpaper peeled off etc which i fixed and redecorated last yr when i found out, a leak in the ceiling resulted in a 2ft square lump of plaster in the ceiling falling down in the lounge. Again, no mention of this. Nor of the mould in the bedroom (room had to have new floor/joists/skirting boards/decor/damp proof course). We only find out this stuff when the letting agent manages to actually enter the flat to do his 6 month check. (Tenant is on strong sleeping tablets and often does not open the door when the agent visits).

Last winter the tenant refused to use his central heating as he said it was too expensive. Result: frozen burst pipe. Despite us telling him that he needs to use it every so often on the lowest setting just to keep it thawed, he is refusing. I think the main issue is he doesnt have much money. I believe his mother was trying to help him out but I'm not sure if thats still the case. When I tried to get the annual boiler check done a few months ago, the man couldnt test the boiler due to no money being in the meter (the property has a prepayment meter). I paid for some credit for the meter via the letting agent so it could get tested the following week.

Soooo.....(sorry about the massive back-story!), I am trying to think of ways to help. Basically i need to keep my property in a good state of repair. And i dont want to be one of those landlords who just takes the money and does nothing as i've rented from those types in the past.

Does anyone know if there was anyway i could part pay the gas? I could afford maybe £20/25 pm and then if he goes over that then he pays the rest using the meter? I see you can prepay your meter online (scottish power) but you need the key that you insert into the meter so that wouldnt work with me being 400 miles away. I dont want to take on the full amount of the bills incase the tenant runs up huge amounts as i couldnt afford that. Bit stuck - any ideas?

I'm also pretty good at moneysaving (thanks to here and to my days of living on one stock cube and half a garlic bread a day!) and saving energy so I'd love to get into the flat and try to make it more energy efficient. Difficult as its ground floor end of terrace with solid walls so i cant loft insulate or wall insulate but i know the tenant only has thin voile curtains on the windows, laminate floor, halogen lights etc. I have a few sets of thick curtains which i could put up, a couple of rugs which might help the floor keep warmer, some lamps with energy saving bulbs etc. I know that the tenant will not take care of these items (I have photos of the last coffee last i put in - smashed up. Ditto the tv cabinet. Nest of tables has writing carved into the wood and cig burns etc etc). But if i dont try to take care of my property then it'll just degerate into complete dis-repair.

Do you think its reasonable to ask the tenant if i can make these changes or is there anything else i could do? Part of me thinks i should go through his mother as she seems to understand the situation better and knows how to deal with her son and his increasing mental health issues. I cant find a new tenant as the little village its in has no rental market at all and there are several flats sitting empty in the village and have been for over 2 years. I cant afford to cover that mortgage plus all the bills as well as my own mortgage/bills here.

Thanks for reading such a long post - any advice would be gratefully received!

HappyMJ

Evict tenant, renovate and sell it.

DVardysShadow

Advice? Issue a section 21 notice. Or whatever they do in Scotland. Or apply to convert yourself to a registered charity.

Trollfever

Spambump.....

ruggedtoast

You've probably done everything you can do to be honest. Although offering to pay for some of his gas bill is quite noble I dont think its down to you. Personally I would suggest raising the rent to cover the damage if anything.

G_M

You have 3 choices:
1) be businesslike. Poor tenant, witholding rent and causing expense. Evict and find reliable tenant, or sell.

2) Give warning. Write to tenant listing the costs you have incurred due to his negligence and saying you fixed these purely out of goodwill. Make clear that in future
a) you require at least 3 monthly inspections to identify problems earlier and
b) ANY costs incurred as a result of his not acting in a tenant-like manner (reporting problems; using heating etc) will be charged to him. Make clear any non-compliance with this will result in the tenancy being ended

3) offer some financial support for the heating as you suggest. I would NOT make this a binding commitment. I would describe it as a goodwill payment you are prepared to make during winter months, I would make it a condition that the agent can inspect to ensure compliance. Since the tenant could easily use the heating for 24 hours pending an agent inspection, I would make it also dependant on the tenant agreeing to spontaneous visit/inspection by agent. This is not normal and tenant is within their rights to refuse, but would then fofeit the goodwill payment

Going via his mum might help if you communicate well with her, though of course has no legal validity (unless she is a guarantor?) but may ease negotiation.

4) Oh. Make mum a guarantor. This could be offered as an alternative to ending the tenancy. Then mum would be liable for costs in 2b) and would have incentive o keep a closer eye on her son.

Much depends on you attitude to tenant, which seems basically sympathetic which I applaud, but there is clearly a limit...

jc808

HappyMJ wrote: »

Evict tenant, renovate and sell it.

This

oh and LOL at the charity remark - agreed

19lottie82

I think the guarantor idea is a good one, tbh I don't understand why you dont have one in place at the moment, especially when the tenant is on benefits. Did the agency not make sure he had one before he moved in?

You sound like a lovely person, but a soft touch. Are you going to keep continuing to pay for these repairs that could be easily avoided? What happens If he burns the place down while he is comatosed on the sleeping tablets? Get his Mum or someone else to take responsibilty as a guarantor, or if not serve him his notice, before your flat gets trashed!!

xylophone

Commendably charitable but enough is enough. Have you tried contacting social services? I think that you might approach them on the basis that you are concerned about your tenant and his situation.
I assume that you have landlord's insurance but I am wondering whether you might have difficulty with a claim if it could be shown that you knew that your tenant was not capable of looking after the property properly.

pineapple

This is a tricky one but has the tenant been offered support from social services?
You are not a charity and can't afford to take the hit.
Support however might help.
That and the guarantor idea.
Otherwise you should consider eviction due to breach of tenancy agreement.

HelenYorkshire

Thank you for giving this chap a home

However, if he destroys it he'll be homeless anyway.

I like the idea of having his mum as guarantor and also putting in writing that you expect certain things (e.g. heating to be on if temp drops below a certain level; notification of problems within 7 days say...). Perhaps you could suggest to the mum about social services/extra support.

Is it possible/legal etc to boot him out for a few days so you can get in and do the repairs and improvements you want all in one go?
Then you have a clean start and can re-set your expectations.