Tenant problem

GeorgePowerFinch

Grumpy_chap said:

I am not sure that a prospective purchaser would be put off by the neighbour having a new front door fitted while viewing.  They might see it as a sign that the neighbour takes pride in their property.

I do agree, it wasn't necessarily the fact that he was having a door fitted, it was the fact that we made it clear anything that's going on we need to know prior so we can reschedule viewings, it was a bomb site and the noise of the drill meant you couldn't hear anyone speak. His response was "I didn't let you know because I have my own life to deal with".

GeorgePowerFinch

greatcrested said:

Out of interest, why is a tenant doing renovation work? That is the landlord's responsibility ie the leaseholder/joint freeholder.

Possession of weed is illegal in England whether in the street, the park, a car... or a home. Whether the police enforce is another matter.

If he has a fixed term tenancy contract, his landlord cannot evict him without one of a number of reasons. Illegal activity in the property IS one of those reasons, but it would require police action and a conviction to prove the illegality was taking place. Plus of course because of COVID-19 the courts are not curently evicting.....

So, yes, all the LL can do is speak to his tenant.....

I'm really not sure, he said he doesn't like living in a sh*thole. Which I mean... is fair enough, but because a tenant is doing major refurbishments, his landlord at least has the right to know, we don't have a problem with any building work, as long as we know when it involves our communal entrance. Not really fussed about what he does upstairs as we cannot stop him.

BooJewels

If I were viewing a property, a new front door being fitted wouldn't cause me any concern as it would clearly be a very transient issue, done with long before I would be moving in.  I don't think you have any right to be informed of such works, doing so would be a neighbourly courtesy.

But the smell of weed would be a deal breaker.  Not due to any moral high ground or concern for the activity, but because I'm very sensitive to it and simply couldn't live with it.  If I smelt pot, you'd not hear from me again.

So I think you're possibly worrying about entirely the wrong thing.  Surely by the time you posted, your viewings were long over?

NinjaTune

If the landlord isn't aware that he is renovating the flat then that's a big issue as he does not have permission for the work.
The Landlord may well be very happy to have the work done if it adds to the value of his property, but I'm sure he would want to (a) know about it so they could give permission and (b) inspect the quality of the work being done.

csgohan4

GeorgePowerFinch said:

csgohan4 said:

Tenant can do what he wants in his flat including building works and needs not notify his neighbours, would be nice, but not mandatory.

Careful about reporting any noise or illegal activities as you will need to declare this as a neighbour dispute to your buyer

Take a pragmatic view, is it worth reporting over selling your house?

He never inform his landlord, his landlord being the co freeholder for the property, shouldn't we have a right to know what building work he intends to do, especially when its taking place in our communal entrance?

And what difference will that make? It won't stop them and then tenant has every right not to inform, assuming they abide by their own tenancy agreements, it is the LL who needs to be abide by covenants set in the deeds, not the tenants

Builders needs to go through the communal entrance to access his door, with no work being done on the communal areas itself per say, so it means they have to inform you as the freeholder? Are you serious?

Just because you own the freeholder, doesn't mean you can tell the tenant what they can and can't do. Do you feel entitled they should abide by your own rules so you can sell your house?

GeorgePowerFinch

BooJewels said:

If I were viewing a property, a new front door being fitted wouldn't cause me any concern as it would clearly be a very transient issue, done with long before I would be moving in.  I don't think you have any right to be informed of such works, doing so would be a neighbourly courtesy.

But the smell of weed would be a deal breaker.  Not due to any moral high ground or concern for the activity, but because I'm very sensitive to it and simply couldn't live with it.  If I smelt pot, you'd not hear from me again.

So I think you're possibly worrying about entirely the wrong thing.  Surely by the time you posted, your viewings were long over?

It's more of the fact that he a tenant, doing works to the property without informing ourselves or his landlord, both of us being freeholders?

Yeah the weed is a no go and e've made that very clear.

GeorgePowerFinch

csgohan4 said:

GeorgePowerFinch said:

csgohan4 said:

Tenant can do what he wants in his flat including building works and needs not notify his neighbours, would be nice, but not mandatory.

Careful about reporting any noise or illegal activities as you will need to declare this as a neighbour dispute to your buyer

Take a pragmatic view, is it worth reporting over selling your house?

He never inform his landlord, his landlord being the co freeholder for the property, shouldn't we have a right to know what building work he intends to do, especially when its taking place in our communal entrance?

And what difference will that make? It won't stop them and then tenant has every right not to inform, assuming they abide by their own tenancy agreements, it is the LL who needs to be abide by covenants set in the deeds, not the tenants

Builders needs to go through the communal entrance to access his door, with no work being done on the communal areas itself per say, so it means they have to inform you as the freeholder? Are you serious?

Just because you own the freeholder, doesn't mean you can tell the tenant what they can and can't do. Do you feel entitled they should abide by your own rules so you can sell your house?

So you're saying the tenant can refurbish a flat and not tell his landlord about any of the work?

NinjaTune

"So you're saying the tenant can refurbish a flat and not tell his landlord about any of the work?"

Not if the LL owns the actual flat otherwise he could do some bodge job using his mates and lower the value of the property, possibly even damage the structure.  It would be a very lax/stupid LL who puts in the tenancy agreement that the tenant can alter what they like.

I assume the LL owns the flat itself, not just the freehold?

GeorgePowerFinch

NinjaTune said:

"So you're saying the tenant can refurbish a flat and not tell his landlord about any of the work?"

Not if the LL owns the actual flat otherwise he could do some bodge job using his mates and lower the value of the property, possibly even damage the structure.  It would be a very lax/stupid LL who puts in the tenancy agreement that the tenant can alter what they like.

I assume the LL owns the flat itself, not just the freehold?

Correct, he owns the flat itself. We phoned him earlier and asked why we weren't informed about the building work when he knows he have viewings, which I understand he may not have to do, but as a courtesy at least. The LL / freeholder didn't even know the work was taking place and was not happy.

csgohan4

GeorgePowerFinch said:

NinjaTune said:

"So you're saying the tenant can refurbish a flat and not tell his landlord about any of the work?"

Not if the LL owns the actual flat otherwise he could do some bodge job using his mates and lower the value of the property, possibly even damage the structure.  It would be a very lax/stupid LL who puts in the tenancy agreement that the tenant can alter what they like.

I assume the LL owns the flat itself, not just the freehold?

Correct, he owns the flat itself. We phoned him earlier and asked why we weren't informed about the building work when he knows he have viewings, which I understand he may not have to do, but as a courtesy at least. The LL / freeholder didn't even know the work was taking place and was not happy.

Again back to the question, how will this affect your sale? Will it quicken it? Can the LL evict the tenant in a timely manner?
It seems the tenant has not got permission from the LL which would have been useful in your OP,

but nevertheless, aren't you glad your selling ?

By all means report as mentioned above to the authorities, but it will need to be declared to the buyers and may put people off
you have limited choices