Tenants breaching contract in the first 3 weeks

pizzarelli7348

Hi there,

we have a 2 bed flat. A couple moved in the on the 3rd of June.

They called us on friday saying there is no hot water. Today I sent a plumber out and as soon as I opened the door (they gave me permission to go in the flat as they are both working) I could smell cigarette smoke.
In the contract it says no smoking allowed in the property( I found several cigarette butts on their coffee table).

Also they have removed the our shower screen and replaced with their own (without asking) and to do this they have had to drill holes in the wall and in the tiles.

Also they have hung pictures in the flat ( in the contract it says they should ask for permission first, so I think they could have dropped an email at least and we would have said yes)

The tenant phoned me yesterday afternoon and I told him about the smoking and he said he did not realize it could not smoke in the flat! I absolutely do not believe him.

My point is they have a 6 month contract. Do you think I should give them a section 21 now or wait a few more months?

If the 6 months are up on the 4th of December when is the latest i can serve them a section 21?

Please note: on friday they told us the washing machine is broken and we ordered one in two hours (brand new one) that will be delivered on friday and in the meanwhile they have a temporary one to use( and they were not happy about having to wait that much).
On friday they told us about not having hot water and tomorrow they will have a brand new boiler installed. I think we are doing our part ( and very well I think)but they are not doing their bit and respecting the contract they signed. Because they only moved in 3 weeks ago we don't even know if they will pay the rent in time!

Advice please?

ognum

I don't think you can blame them for the washing machine and the boiler, I assume you have a deposit and a decent detailed inventory.

As Artful says write to them politely and inform them that you are aware they have breached some conditions of the letting and that you request that they stop smoking in the flat, it's to late to do anything about the shower screen and the pictures though you could mention them in your letter. Keep a copy.

I would wait a month or so and request a check visit. It is hard to believe they did know that they shouldn't smoke because most people would hide the ashtray and butts before the landlord showed up so they are either ignorant of their agreement or a bit stupid.

pizzarelli7348

I am not blaming them for the repairs, things do break and I understand that.
For me it was just a way to say things break and we fix them promptly and then you do all this stuff that you should not do.

I think they are very thick , they knew I was going so make the effort and hide the cigarettes!

When I went there I took photos of all these things I mentioned! (they obviously don't know that)

pizzarelli7348

My fear is if i give them a s21 now they may trush the place. On friday the guy said "we really like it here, we will stay a long time". I was thinking of waiting until the summer and then in september make up an excuse "like we have decided to sell" and give them a s21

Deposit is in the legal scheme, reference were ok,they have always paid rent on time, so it has been a real shock yesterday!

ILW

You have very little power over such things as smoking and pictures on walls. As long as when they leave the property is good condition, what they have done in the meantime is pretty irrelevant.

pizzarelli7348

Would you guys give them a s21 now or wait a bit?

maninthestreet

Broken washing machine, broken boiler - all in 3 weeks? You're not going to make a profit from their tenancy, by the look if it.

Angelicdevil

pizzarelli7348 wrote: »

Would you guys give them a s21 now or wait a bit?

I would write to them, re-iterating the no smoking clause in the tenancy agreement (after checking it is present!) and also request they get your permission before making any alterations.

I would then do an inspection in 3 months and again at the end of the contract, see how it's going and if they've adhered to what I've said and kept the place in good nick then I'd keep them on.

Why are you so desperate to remove them? Give them a chance.

I wouldn't want to risk a void if they turned out to be model tenants!

Reue

ILW wrote: »

You have very little power over such things as smoking and pictures on walls. As long as when they leave the property is good condition, what they have done in the meantime is pretty irrelevant.

This.

As long as the property is returned to its original condition when they leave.. what they do in their home should be irrelevant.

Lovelyjoolz

If they've put in their own shower screen and hung pictures it sounds like they are trying to make it their home. Which suggests they may well stay a long time.

If you do, why not leave them be? At least give them a chance to see if they are reliable in terms of rent paying. If they pay their rent on time and keep the place generally in good knick then I wouldn't be worried about a few holes in walls and smoking.

As maninthestreet says, you've probably not made a profit this year anyway. If you serve a S21 and the property stays empty for the rest of the year you'll looking at a considerable loss. Can you afford to run the place with no rental income?

I would happily keep a smoking tenant for 10 years if the alternative was repeated voids in rental income.

pmlindyloo

It would be interesting to know if your 'no smoking rule' would be deemed as an unfair clause in the contract.

Whilst I fully understand that you do not want anyone to smoke in the property it is difficult to enforce such a clause.

Therefore I would be very careful how you phrase your letter and would not be including phrases such as 'breaching the contract' (although technically they are).

Most people are rubbish at reading the small print in contracts so I can understand how this had happened. We were asked if we were non smokers but weren't asked about our friends!

Keep the letter simple. Explain why you don't want them smoking - smell getting in carpet/wallpaper etc.

As regards the holes in the wall then you need to remind them that you expect them to return the flat in the same condition as when they took it. ie. repair holes and redecorate. Also, remind them to ask you for any future alterations/redecoration.

Looking at the larger picture and your concerns re trashing the place/not paying rent I would keep the letter friendly rather than go in 'all guns blazing'.

Edit. Forgot to say. As it is a flat are you a leaseholder and is there a term in your leaseholder's agreement re: smoking in the flats?