Rental property damaged

Peter_Williams

TripleH wrote: »

I suspect they do the publicity to show they are taking action against 'rogue landlords'. Yes they may well sort accomodation for the tenants and remove them from your relative's property but i suspect the costs will be passed on to them and they will also have to deal with HMRC for being an overseas landlord but will be seen as an easy target.
careful.

In the cases I mentioned, it's the housing association and council who are ''closing order'' the properties that belong to the housing association. The police make a big show too, saying they'll arrest anyone who goes back into the house.

Then they all pat each other on the back and leave the house empty with families on the waiting list.

[Deleted User]

I think you might want to contact the other relative or the LL and warn them they need to get a qualified electrician round there. The tenants can't live there with no heating (presuming they have run out of doors, I suppose the stairs and floors are next). The lack of electricity might be as simple as the electricity has been cut off or the fuse box needs a quick check. Is the water running?

Yes the tenants sound like they haven't a clue, you mentioned drinking, possible over-occupancy. I'm afraid they might be unmanageable (as already commented, burning doors is not 'normal').

The LL has been very negligent and he will be responsible, financially and legally but something needs to be done urgently by the LL. If the tenants actually do go to the council, it could get very serious for the LL. There's also a need for yearly Gas Safe Checks, whether there are working wired fire alarms etc. The list of what a LL needs to do is relatively long nowadays.

Peter_Williams

deannatrois wrote: »

I think you might want to contact the other relative or the LL and warn them they need to get a qualified electrician round there. The tenants can't live there with no heating (presuming they have run out of doors, I suppose the stairs and floors are next). The lack of electricity might be as simple as the electricity has been cut off or the fuse box needs a quick check. Is the water running?

Yes the tenants sound like they haven't a clue, you mentioned drinking, possible over-occupancy. I'm afraid they might be unmanageable (as already commented, burning doors is not 'normal').

The LL has been very negligent and he will be responsible, financially and legally but something needs to be done urgently by the LL. If the tenants actually do go to the council, it could get very serious for the LL. There's also a need for yearly Gas Safe Checks, whether there are working wired fire alarms etc. The list of what a LL needs to do is relatively long nowadays.

I presume the water is still running, as I think the tenants would have mentioned it otherwise.

I was shocked at the state of the place. A few of the windows are broken. There was a partially burnt mattress in the back garden. Plus all the fence panels missing (presumably burnt during the winter). They showed me all this, but blamed the previous occupants.

I don't think any of this will really bother the landlord though. He'll just say it's up to the tenants to fix it, if they want to.

Maybe it's just a trip-switch or fuse blown. But with this lot I don't know. Could be anything.

I don't know about gas. It wasn't mentioned. I presume it has a gas supply - most houses do. I'd be very surprised if there was any kind of gas safety certificate in place.

G_M

* you've been asked to help. You went and inspected. Now you report to the landlord.
* the landlord is abroad but has chosen not to employ a letting agent, and also chosen not to pay you or cousin to act as his agent (I assume you are not being paid? If you are, have you reported your icome to HMRC?).
* therefore once you've reported to LL, you back off - it's the LL's problem.
* the L is clearly not paying tax
* I doubt the LL has given the tenants an address in Eng/Wales "for serving notices" (so rent does not need to be paid)
* I doubt the LL has obtained HMRC consent to receive the rent gross (ie

HMRC (Non Resident [= overseas] Landlord Scheme)
* deposit?
* EPC?
* gas report?
* gov leaflet?

I have little sympathy for the LL who clearly takes the view he wants his cake and eat it ie rent in and minimmal costs out.

Having said that, my advice to him would be similar to earlier advice. Eviction via a S21 will fail, and probably a S8 too (though if the arrears mount that might work) - so get Environmental Health round there fast. The property is clearly overpopulated, and also unfit for habitation.

EH would hopefully close the property down which would include evicting the tenants.

However they would also serve Improvement Orders on the LL who would have to start spending money on improvemets/renovations.But he'll need to do that anyway whether the property remains let, or is put up for sale, or for the LL to return.

Again, I'd advise you not to get involved. LL should instruct a surveyor or agent to manage renovations if he remains abroad.

He might be able to claim off insurance - depending what kind of policy he has, but given everything you've described about the LL I wonder if he has any insurance at all..............

I don't think any of this will really bother the landlord though. He'll just say it's up to the tenants to fix it, if they want to.

If that remains his attitude, all the more reason for you/cousin not toget involved. Not to collect rent. Not to do anything. If the LL will not take his legal responsibility seriously you need o distance yourselves....


His rent will stop flowing in, the council will get involved (sooner or later whether you call them in or not) and then the tax man and then the mortgage lender (if there's a mortgage, and the legalaction by the tenants themselves. You should limit your involvement to telling the LL the current situation and then decline to sort it out.


Unless, of course, you feel you know or could rapidly learn how to manage a property rental AND he agrees to pay you to do so.

markin

If the smoke alarms are wired then the battery back up is long gone, fit one and a co2 for your own peace of mind.




Im sure i have seen or read a case where they did burn the floorboard!

Comms69

terrence45 wrote: »

I meant if no tenancy 'agreement'. Of course there's a tenancy.



Yes, the council may indeed sue him, if they ever found out and cared. I didn't say they wouldn't.

You don’t understand s.21 or s.8 - neither of which require a written tenancy agreement.

Or you don’t understand that a landlord can’t end a tenancy.

Comms69

terrence45 wrote: »

For walking past his relative's house? You're talking utter silliness. I can't imagine for a single moment these people would even notice this person walking down the road, let alone report them and be done for 'harrassment'. Still, you know better PC Armchair.

That is what stalking is. So yes.

Given everything else going on this seems like something to aboid

Comms69

Peter_Williams wrote: »

Well the lights are all off in the house now and it's dark.
So either the electricity really is off or they're all out. best go and check again just to be sure...
They're not sitting outside drinking anymore because it's got a bit colder and wetter here now.

The meter looked like a normal one earlier. I would have expected a pre-payment one with tokens.
Do the electricity companies cut people off these days? I thought they came around and fitted a pre-payment meter, then put a debt on the meter - or deducted 50p a month from the tenant's benefits etc.

Who knows. I'm going to try and keep out of this.

I doubt that

gomer

To be honest it sounds like the landlord has got the tenants he deserves. I hope they know their legal rights & go to the council.

AdrianC

The landlord is abroad. Where?

It's very likely he's going to be prosecuted and fined, heavily, because of the myriad breaches of tenancy law. Can that fine be easily enforced to the jurisdiction he's in?

He clearly has substantial assets in this country - which, you say in another thread, he's considering selling (wise!). If the fine cannot be enforced easily, I would presume it straightforward for the fines to be enforced against the monies from the property sales.

This is exactly the sort of rogue landlord with zero regard for his legal requirements that needs heavy enforcement action taken. OP - IIWY, I'd be taking great care to have as little as possible to do with this, in case you are drawn into the whole mess as some kind of agent.