Threatening ex-tenant

susaq12

lush_walrus wrote: »

That's just silly, of course the son can nominate someone else to handle communcate for him. And yes, the communication between the person he has nominated and the tenant does have legal standing - just as an agent or a solicitor does.

You see examples of this throughout life, employees communicate on behalf of their companies. Secretaries communicate on behalf of their seniors, sign letters on their behalf. I communicate on behalf of my company without the other partners needing to sign over power for me to do it.

Even HMRC allow it, I can call them and name anyone I like to discuss my account with them at any time all I need to do is be there for the first call - so I think it's well within the realms of imagination that a parent would act on behalf of their child.

It is only the landlord who can call it into question and say he did not provide authorisation for her to do such, the tenant can not.

Just get your son to notify the tenant that you will be communicating on his behalf - that's it.

OP - don't be put off by all the puff and bother on here of your son should be growing up blah blah.Not all children are dragged up by the school of hard knocks, my parents were and are always there to help should it be needed, at the end of the day no matter how old I become they are always 35 odd years more experienced than me. Good for you for supporting him through this.

I think you have your answers from the more helpful posts already on here. The tenant is trying to counterclaim to panic you and make you relent. Now you have access if there is no issue with the roof I would stick with that point as your argument. You had a visual inspection and no issue was found. Since the tenant has left and claimed this you have had a further inspection by a roofer who has confirmed no issue. Ask the roofer to put that in a written form to you and you should be done.

Thank you, finally a non-hater!!! :rotfl: Coincidentally I have represented my husband's uncle in court over a dispute in the past and strangely enough the judge didn't have a problem.
The tenant has been aware from day one that my husband and I can communicate on behalf of my son and before all this nonsense began he used to regularly text my husband for all sorts of things so that isn't an issue. The agents also communicate with me over matters. You're right about HMRC, most government departs allow 'assumed consent' with small matters these days.

susaq12

theartfullodger wrote: »

You are landlord's mum: Trying to help son, the landlord, (good, help him but..) but you have NO LEGAL STANDING in the matter & tenant & everyone else is quite entitled to ignore your "interfering" (which is probably what it looks like to them).

Your son, the Landlord, is the one who needs to ...
a) Get educated in how to be a landlord (RLA & NLA run good intro courses, they'll save him more time & money than they cost)..
b) Be the one writing letters, sending emails, turning up.
c) By the sound of it, sack agent and do it himself or get a better one: There are decent agents..

I, as a landlord, have had tenant's mum trying to tell me what needs doing on behalf of their little darling baby. I simply ignore them, but politely suggest their little darling, the tenant, is perfectly entitled to contact me & I will respond as and when he does...

I have 3 sons: Tried to bring them up to stand on their own 2 feet:

PS By the way, Harassment (which is how it may appear your actions look to tenants) is both a civil & criminal offence: so possible fines and/or criminal record (unlikely but ..)

u

Please read further posts, I'm afraid you have completely missed the mark with your reply. Where on earth did you get harassment from?!!!!

susaq12

G_M wrote: »

Sounds like you would lose at arbitration over the fridge deposit deduction.
* the £375 figure seems to have been plucked out of the air and can easily be challenged by the tenant
* it sounds like an unjustifible repair cost
* you need to establish exactly what needs repairing- is it a replacement part (scratched door?); a repair to the motor needing an engineer? what? I would not leave this to the agent (who in any case you no longer employ!), but deal with this yourself/selves.

"Within your rights to do what? to respond to the tenant by email? Yes, though I too think it would be better comeing from the landlord.
Or to withold your own email from him? Yes, again - but then how do you respond.....? (Oh - of course, get the LL to respond!)"
Is my son within his right to refuse to respond directly to the tenant via email?
If my son refuses to reply via email is this going to go against him for not entering into negotiations?

My son has had an official quote from the agents contractor - £360 but it doesn't give a breakdown of the costs. If we could source the part then my husband could fit it which would be a lot cheaper. I agree, there's no chance the full cost of the fridge repair is going to be deducted from the bond but anything towards it being fixed will help. It needs a replacement door due to the extent of the damage.
My son asked yesterday morning for the reference number for the deposit scheme so he can start the arbitration ball rolling but they haven't provided it yet. They said they're waiting for a response from the tenant but no clarification on what they're waiting on (he has asked - no rely!!!!)

Pixie5740

Yes your son is within his rights to refuse to respond via email. He is within his rights not to respond to the tenant at all. Whether or not it's wise is another matter entirely.

I think it is worrying that the letting agent who no longer appears to be working for your son is still in control of the deposit. There is a danger that if your son does not engage with the tenant then he will receive diddly squat from the deposit. Has your son actually terminated his contract with the letting agent? Has he written to the letting agent requesting the file and all paperwork relating to the tenancy? If the letting agent didn't supply it did your son then follow the letting agency's complaints process?

G_M

If the agent no longer acts for the landlord, then the file, including deposit registration details and tenant correspondance, should be handed over to the LL (or his current representative).

This clearly needs to be demanded as a matter of urgency - time to sit in the agent's office and refuse to leave...........?

Mossfarr

Have you tried contacting the manufacturer of the fridge? They often have a replacement parts dept and if you explain the problem you will get the most accurate advice.
I'm with you regarding supporting your son, I actively support both of my children even though they are both in their 30's now. Its nothing to do with them not being able to stand on their own two feet - its what good parents do! keep up the good work.

Lioness_Twinkletoes

I can't help with the issue of the tenancy, but wanted to express my support for you and the help you are affording your son. Some of the responses you've received are utterly ridiculous (looking at you theartfullodger - again).

My children are aged 29 and 25. Both are professional people - and I help them with admin type stuff when asked - anything from job applications to advice re HMRC. I also helped my husband defend himself against his employer who sacked him for gross misconduct and then at the subsequent employment tribunal (which we won). In turn, they help me with IT stuff, DIY and whatever else I need.

To my mind, playing to your strengths and asking for, and accepting, help is sensible. It's also what supportive families do for each other.

Hope you it all works out for you.

susaq12

G_M wrote: »

If the agent no longer acts for the landlord, then the file, including deposit registration details and tenant correspondance, should be handed over to the LL (or his current representative).

This clearly needs to be demanded as a matter of urgency - time to sit in the agent's office and refuse to leave...........?

I'll get him to request this tomorrow. Thanks

iammumtoone

Lioness_Twinkletoes wrote: »

I also helped my husband defend himself against his employer who sacked him for gross misconduct and then at the subsequent employment tribunal (which we won).

exactly when people ask for advise to help husbands/wives/aunts/uncles etc I never see posters bashing them that they should get that person to stand on their own two feet. Yet I constantly see this when a parent is asking for help, to assist their child. Personally I don't get it. I am just glad my Dad does not think that way.

itchyfeet123

iammumtoone wrote: »

exactly when people ask for advise to help husbands/wives/aunts/uncles etc I never see posters bashing them that they should get that person to stand on their own two feet. Yet I constantly see this when a parent is asking for help, to assist their child. Personally I don't get it. I am just glad my Dad does not think that way.

Personally, I roll my eyes just as much when someone asks about a situation on behalf of a spouse/uncle/third cousin twice removed as when asking on behalf of an adult child. If someone is asking on behalf of an elderly parent I try to reserve judgement for at least a couple of posts.

To be clear, I have no problem with people helping each other, and the support of family and friends when facing difficult times is one of the reasons we as a society build family and friendship networks. If a person wants to lend their expertise and support to help a family member facing a difficult situation, then great!

However, if one has to ask internet strangers for advice, then perhaps the expertise and knowledge one is offering the affected person is actually quite limited. In that case, it might be worth reevaluating how one can best support a family member in a difficult situation. I would argue that if one doesn't have any expertise to contribute and has to turn to an online forum, perhaps one should be focussing on providing other kinds of support (emotional, social, financial, whatever). A third party starting from scratch doing the research is an inefficient use of resources.

In the case of the OP and son, though, it seems as though rather than the OP informally helping the son, she is formally acting as her son's agent. In that case, it does make sense for the OP to be the one asking here, and there could be any number of reasons particular to the family why the OP has taken on this role.