renting problems

jebervic

Where do I start?

I rent out a property and I am having problems, the tenant has emailed my letting agent and highlighted a number of problems with the house, some I agree with and some I don't, I am in the process of getting the repairs done and I getting estimates for some of the work, but the tenant has said that he is going to get the repairs done himself and not pay the rent. the relationship between myself and the tenant has broken down.

I have looked aty the tenancy agreement and it still has a long time left on it, there is no 2 months notice period after 6 months, so it looks like im stuck with him until next year- having said that, he has said he is not going to pay the rent, it also in the agreement that he cannot make any alterations without my consent.

Where is this heading?, what is the likely outcome?, its a mess ! any advice appreciated.

Guy_Montag

So you're letting out a house, which you know needs work done on it - a bit cheeky I'd say.

anyway, moving on...

How long was it between him writing to the letting agent & you beginning to get things fixed? If it's taken a month or more betwixt his complaint & him seeing any action, then he chances are he feels nothing will be done with taking direct action.

I would get in touch directly with the tenant, miss out the LA, explain to him what you intend to do to the place & when; & why you won't do some of the things he wants. If he knows he can expect X done within a week, & Y done the following week, he's more likely to be sympathetic.

jebervic

Guy_Montag wrote: »

So you're letting out a house, which you know needs work done on it - a bit cheeky I'd say.

anyway, moving on...

How long was it between him writing to the letting agent & you beginning to get things fixed? If it's taken a month or more betwixt his complaint & him seeing any action, then he chances are he feels nothing will be done with taking direct action.

I would get in touch directly with the tenant, miss out the LA, explain to him what you intend to do to the place & when; & why you won't do some of the things he wants. If he knows he can expect X done within a week, & Y done the following week, he's more likely to be sympathetic.

Thanks for your advice

Actually the house was fine at the start of the tenancy but as you know things need repairing in most homes from time to time.

Now i've taken the view that one item is better off being replaced rather than e bodge repair, so at the moment I am asking companies to prepare quotes etc, and we disagree on a repair that has already been done on a back door, a couple of other items just need minor repairs which I will do.

To be honest, its about allowing a reasonable amount of time and agreeing what actually needs repairing and what doesn't, I have absolutely no intention of not doing any repairs that actually need doing, its my house and its my best interests to maintain it, I am also keen to get the repairs done but sometimes it takes longer than a couple of days.

But maybe its better to write directly to the tenant and tell him what and when as suggested.

cats!

Personally I would send a solicitors letter detailing what you intend to do and when. That way there is a formal record of what has been said. Has the condition of the property deteriorated badly since they viewed it and agreed to rent it??

Remind the tenant that failure to pay rent is unjustified as you are dealing their concerns, failing that evict when rent is in arrears.

jebervic

cats! wrote: »

Personally I would send a solicitors letter detailing what you intend to do and when. That way there is a formal record of what has been said. Has the condition of the property deteriorated badly since they viewed it and agreed to rent it??

Remind the tenant that failure to pay rent is unjustified as you are dealing their concerns, failing that evict when rent is in arrears.

No it hasn't deteriorated badly, just a few bits and pieces that are actually being dealt with, I am arranging quotes for a couple of jobs, and a couple of other things are perfectly fine and don't actually need doing, the agent is worse than useless.

Having just read another site, it would appear that if the rent was due on 24th August, then on the 25th September this would qualify as being two months overdue with the rent????????

Can a tenant reasonably withold rent? and can they lawfully authorise their own repairs and deduct the monies from the rent?, especially if I have already sent a letter detailing what and when I intend to do any repairs that are needed?.

Lavendyr

I don't believe tenants can lawfully authorise their own repairs, but it depends on what was in your AST agreement. We are renting at the moment and cannot make substantial repairs without the landlord's written approval, and nor, I believe, can we withhold rent in respect of such repairs, (and nor would we, we consider ourselves to be nice tenants ).

It sounds like you have done the right thing, if we were your tenants we would be satisfied that you were intending to repair the problematic areas. Assuming it is not an emergency (i.e. house is secure, gas, water, electricity etc all fine) and you are acting with reasonable haste (i.e. not dragging the process out and dealing with everything as soon as possible), I would think your tenants should be happy that you are fixing the problems.

If, on the other hand, the tenants have been waiting for an overlong time for these repairs, I could understand their discontent. I still wouldn't withhold rent in such a situation (not being a fan of breaching contracts and all that), but if that were the case and I were your tenant, I would be looking for another tenancy after this one had ended.

jebervic

Lavendyr wrote: »

I don't believe tenants can lawfully authorise their own repairs, but it depends on what was in your AST agreement. We are renting at the moment and cannot make substantial repairs without the landlord's written approval, and nor, I believe, can we withhold rent in respect of such repairs, (and nor would we, we consider ourselves to be nice tenants ).

It sounds like you have done the right thing, if we were your tenants we would be satisfied that you were intending to repair the problematic areas. Assuming it is not an emergency (i.e. house is secure, gas, water, electricity etc all fine) and you are acting with reasonable haste (i.e. not dragging the process out and dealing with everything as soon as possible), I would think your tenants should be happy that you are fixing the problems.

If, on the other hand, the tenants have been waiting for an overlong time for these repairs, I could understand their discontent. I still wouldn't withhold rent in such a situation (not being a fan of breaching contracts and all that), but if that were the case and I were your tenant, I would be looking for another tenancy after this one had ended.

It is certainly against the tenancy agreement to make their own repairs, it clearly states that they are not to allowed to alter.

To be honest he is just a very awkward charachter intent on causing problems, he has told already told the letting agent he has no intention of paying the rent, I really think this go down the eviction route, with the all the added stress and cost involved.

cats!

Make sure in future you only ever give new tenants six month tenancy agreements!

jebervic

cats! wrote: »

Make sure in future you only ever give new tenants six month tenancy agreements!

Absolutely !- lesson learnt

cats!

It's a learning curve being a landlord/lady - I know from bitter experience!

I used an agent for management - worse than useless (Andrews Lettings of Sidcup if anyone needs warning!). Completely and utterly ripped off.

Best advice is manage property yourself, get British Gas cover for the boiler and get three quotes from tradesmen you choose yourself. As long as repairs are dealt with (and not just ignored) I cannot see how tenant can complain.

As I said earlier get a solicitor's letter sent and start proceedings asap if necessary. Tenant may decide to behave himself once he realises you can't be bullied.

Good Luck!

pnq06

Hi,

Unfortunatley renting property is a grey area for both the landlord and tenant.
And your tenant certainly does sound like he knows how to rub you up the wrong way!!!

Legal action to get him evicted will be a long and costly proceedure especially if he has good reason not to pay his rent (and he can stop paying if it is the only way you will take notice and do the repairs that are essential to his well being and safety)... If for example he has pics of the repairs and dates of phone calls to you and the letting agent etc. then basically you don't have a leg to stand on in court especially if it has been over a long period of time.

But..... If you seek legal advice first and remind him of the tenancy agreement which states repairs are landlords problem etc. then he might back down. There are free places to seek advice for landlords but I can't remember them off the top of my head (been ages since i practiced housing law!).

Can I just ask what you letting agents are doing to help the problem?