Tenant raised issues with property

Legacy_user

Hello,

The council have notified me they will inspect a property I let out as the tenants have raised concerns regarding flooring and damp. As far as I know there is no flooring issue. The damp is from the roof and has been repaired recently. The tenant stated “they’re not happy with the fix”. It was done two days ago and hasn’t rained since.

My question is: if the council support the tenants complaints, where do I stand? Will I be made to do work I don’t think necessary? It’s a nice house, in good condition.

I cannot rip up the floor and re roof the property.

I would want these apparently troublesome tenants out as once these issues are sorted, more will be brought up, then more etc.....

Thanks

csgohan4

better issue a section 21 sooner than later before this is abolished in the future

Further info on ending tenancy below
https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

Repair obligations here:
https://forums.moneysavingexpert.com/showpost.php?p=67759903&postcount=2

lookstraightahead

Is there any reason why they went to the council? How long have they put up with the roof?

theartfullodger

Why can you not re-floor or re-roof the property? I can think of no reason why this is physically impossible: £££ & disruption yes..


Tenant is perfectly entitled to raise concerns with the council over what may be poor housing conditions: If you don;t sort things correctly and fairly you may find any s21 will be invalid - see this detailed legal guidance from the experts, Mssrs Shelter.
https://england.shelter.org.uk/legal/security_of_tenure/notices/notices_assured_shorthold_tenancies/restrictions_on_use_of_section_21

Cheers! Artful, landlord since 2000
(And yes I have had tenants raising issues with local council: Last time I looked free speech had not yet been abolished)

AdrianC

ritfor wrote: »

The council have notified me they will inspect a property I let out as the tenants have raised concerns regarding flooring and damp. As far as I know there is no flooring issue. The damp is from the roof and has been repaired recently. The tenant stated “they’re not happy with the fix”. It was done two days ago and hasn’t rained since.

It was done on Thursday, it's now Saturday?

Councils don't move that quickly.

My question is: if the council support the tenants complaints, where do I stand?

Not on that bit of floor.

Will I be made to do work I don’t think necessary?

If your opinion is deemed wrong by the council, yes.

It’s a nice house, in good condition.

IYHO (apart from the mouldy, rotten damp floor and leaky roof). The tenants seem to beg to differ. The council get the deciding vote. I very much doubt their standard is unreasonably high.

I cannot rip up the floor and re roof the property.

Even if it's what the property actually needs?

Why not? Is your business unable to be adequately funded to make it viable? Or you're simply unwilling to invest in your business to provide your customers an acceptable quality?

I would want these apparently troublesome tenants out as once these issues are sorted, more will be brought up, then more etc...

Well done on such a text-book definition of the now-illegal practice of "revenge eviction".

System

The initial roof complaint was three weeks ago. I had it fixed a few days ago. The landlords father is builder and gave me his two cents worth on how it should be fixed. I.e. big job, big spend. My roofer said his solution was bs, and needed far less work. So that’s what he did. So, tenant’s father unhappy he was ignored, as he was wrong.

I won’t be re roofing or re flooring as this 1000s. Property is worth 55k, rent is 410 pcm.

I see my options as;

1. Do nothing.
2. If council tell me to fix it:
2.a. Section 21
2.b sell it and move on

Reasonable/ possible

G_M

You can serve a S21 now and provided the council don't issue an improvement notice after their visit, it will be valid. If they do issue one, the S21 will fail.


Retaliatory or revenge eviction is when a landlord tries to evict a tenant after they ask for repairs or complain about conditions in the property.

The Deregulation Act 2015 (S33) protects AST tenants if their tenancy either started, or was renewed, after 1/10/15. Any S21 Notice (the 1st step in eviction) is invalid if

i) the tenant has reported an issue to the LL and
ii) the tenant has complained to the council and
iii) the council has inspected and
iv) the council has issued an improvement notice to the LL

If all the above steps have taken place, the LL cannot serve a valid S21 Notice, and any already served S21 becomes invalid.

If the landlord serves a (valid) S21 Notice following the original complaint from the tenant (step i above), and then steps ii) to iv) take place, the S21 Notice cannot be enforced even though it may have been valid when it was served.

For more, see Shelter here.


My advice if possible would be to be present when they inspect so you can explain about the roof work already done and point out the impossibility of knowing it was inadequate unless/until it rains and there are further leakes. Otherwise the tenants will give their side "Look there's the damp that's proof the roof leaks" and you'll get an improvement notice.


If you ignore an IN, the council can get the work done and bill you....


Sell? Yes, if you can find a buyer willing to take on a property wih a tenancy in place, and with an outstanding IN..........

pmlindyloo

I agree with a previous poster that if the repair was only done 2 days ago then it is very unlikely that the council has issued a letter regarding the tenants' statement that they are unhappy with the fix. There is just not time for this to be reported after the repair was done.

If you are happy with the repair then just let the council inspect and go from there. Perhaps it is more to do with the damp.

When did you last speak to the tenants?

theartfullodger

Are you owner, landlord (not always the same person), agent, what please?

AdrianC

ritfor wrote: »

The initial roof complaint was three weeks ago. I had it fixed a few days ago.

Then the council's action probably predates the work.

The landlords father is builder

I thought you were the landlord?

I won’t be re roofing or re flooring as this 1000s. Property is worth 55k, rent is 410 pcm.

<shrug> So sell it.
9% raw yield gives you no grounds for complaining about basic maintenance to ensure habitability.

I see my options as;

1. Do nothing.

Yes, Mr Rachmann.

2. If council tell me to fix it:
2.a. Section 21

If your attitude to basic maintenance is this lax, I bet you've slipped up on enough things to ensure the s21 would be void even without the entirely accurate detail of revenge eviction.

Assuming you're in England:
https://england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs

2.b sell it and move on

With a sitting tenant.

3. Run your flippin' business properly.

I know which most here will think i the correct answer.

csgohan4

OP do you like living with a leaky roof and mouldy floor? most people would say no, get it fixed or sell it as clearly you haven't budgeted properly to be a LL