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Tenant Improvements

A post relating to a flat owned by my parents.

They rented the flat out via an agent last year ago to an older couple, their son handled most of the negotiations as they are from Poland and the parents have limited English - none of which was an issue at the time however may be relevant to subsequent events.

They asked via their son if they could remove the carpets in the hall and lounge and put down their own laminate. The carpets were not new but of a good quality in a pretty good condition- only minor wear marks by door ways and had been cleaned by the previous tenants when they had left. My parents had said no to this request as they did not want the risk of a botched job and as the carpets had plenty of life left in them did not want to replace something un-necessarily.

Prior to the 6 month point, the tenants requested a lease extension of 12 months, they specifically did not want to go on to an AST which previous tenants in the flat had done, which was agreed.

At the 6 month inspection it was noted that the tenants had redecorated the flat, put down laminate in the hall and new carpet in the lounge.

The agent said it all looked very nice - and done in their view to a good standard. The quality of the materials used have not been checked.

The tenants have now requested a contribution to the costs of doing the work.

My parents are keen to have a long term tenant, however are disappointed that the work was undertaken without permission.

What do you think is a fair solution to this.
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Comments

  • I certainly wouldn't contribute to the work if they didn't even want it doing in the first place. That is entirely up to the tenants if they choose to spend money carrying out improvements that the landlord has not given permission for.

    However, if they want long term tenants would it be possible to give a slight discount on the rent if the tenants will sign a new tenancy agreement for 12 months or longer?
  • Okydoky25
    Okydoky25 Posts: 1,139 Forumite
    Part of the Furniture 1,000 Posts
    I'm a tenant not a Landlord. I would never spend my money on a rental before agreeing with the Landord 1st. 2nd I would not extent my LL to pay for these costs if they were not necessary.

    Your parents are within their rights to request that the property is returned in the same condition it was at the start of the tenancy and if they don't deduct this from the deposit so I think the tenants should think them selves lucky your parents are not charging them never mind not paying them!
  • RAS
    RAS Posts: 35,053 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think your parents need to write to the tenant (and maybe copy the son) and explain that no permission was given to re-decorate or to put down laminate.

    Ask where the old carpet has been stored.

    And explain that the tenants need to return the property to the condition in which it was first rented.

    I would not agree to a 12 month AST and would tell them it was SPT and 3 month inspections. It may be a good idea for the parents to do half the inspections?
    If you've have not made a mistake, you've made nothing
  • hellokitty08
    hellokitty08 Posts: 1,878 Forumite
    Debt-free and Proud!
    RAS wrote: »
    I would not agree to a 12 month AST and would tell them it was SPT and 3 month inspections. It may be a good idea for the parents to do half the inspections?

    I concure! Who know what else they could do if they have 12 months.
    Debt free since July 2013! Woo hoo! The bank actually laughed when I said I have come in to cancel my overdraft.
  • mrginge
    mrginge Posts: 4,843 Forumite
    Get rid soon as.
  • RAS wrote: »
    I think your parents need to write to the tenant (and maybe copy the son) and explain that no permission was given to re-decorate or to put down laminate.

    Ask where the old carpet has been stored.

    And explain that the tenants need to return the property to the condition in which it was first rented.

    I would not agree to a 12 month AST and would tell them it was SPT and 3 month inspections. It may be a good idea for the parents to do half the inspections?

    It does depend on whether or not OP's parents are ultimately ok with what the tenants have done though. If it really is to a good standard and has maybe improved the property, if the tenants have paid their rent on time and there haven't be any problems then personally I wouldn't go creating any! If the parents would prefer long term tenants then why not sign the 12 month AST? In my experience tenants who have some investment in a property are far more likely to take good care of it. That's not to say the tenants were right to go ahead and change things without permission - they shouldn't be compensated for this.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It does depend on whether or not OP's parents are ultimately ok with what the tenants have done though. If it really is to a good standard and has maybe improved the property, if the tenants have paid their rent on time and there haven't be any problems then personally I wouldn't go creating any! If the parents would prefer long term tenants then why not sign the 12 month AST? In my experience tenants who have some investment in a property are far more likely to take good care of it. That's not to say the tenants were right to go ahead and change things without permission - they shouldn't be compensated for this.

    I agree with this. Make it clear that they were denied permission to alter the property so in theory could be charged for this, therefore it is completely unreasonable to request a contribution and none will be forthcoming. However as they are paying the rent, taking good care of the place, and want to stay I would consider it. Why have a void and pay agency fees again if you don't need to and then risk getting worse tenants.
    Don't listen to me, I'm no expert!
  • I think they've got damned cheek. Asking to replace floor-coverings and then going ahead anyway once that request was denied might be how things are done in Poland but not here. Requesting that your parents make a contribution to these unauthorised alterations shows a complete lack of respect.

    I suggest your parents WRITE to these tenants, confirming that this work was done without prior consent in complete disregard of their lack of permission and that no further alterations are to be carried out whatsoever.

    If they let this one go who knows what they might get up to next? I'd also be asking the agent to carry out three-monthly inspections just to be certain.
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    I'd be tempted to write a letter to them such as

    Dear Mr & Mrs X,
    Following your recent inspection I have been informed that you have proceeded to carry out alterations to the property despite having your request to do so declined.
    I will therefore not be contributing to the unauthorised works, and would like to remind you that at the end of your tenancy you are required to put the property back into the condition it was in at the commencement of said tenancy. I will therefore expect the carpets you have had removed to be professionally relaid & cleaned if there is any dirt etc. from storage, and I expect all rooms to be restored to their former colour with painting up to a professional standard.
    If this is not done satisfactorily, damages will be sought via the DPS (or whatever scheme the deposit is held in) to cover the cost of having this work done.
    In future, please put any requests to make alterations in writing.

    Kind regards

    Mallotum X
  • I'm a getting mixed messages, why no AST (which would provide long term security) but then redecorate? Very strange.

    Any proof of them asking permission and it being declined?
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