Feeling at my wits end with tenants, don't know what to do (Scotland)

scottishblondie

I have a rental flat which requires a major repair.  The tenants didn't report a damp issue in the bathroom for 8 months and it turned out to be a leaky pipe which has basically destroyed the place.  The whole bathroom has to come out and be left to dry for 2 weeks before a refit, which is anticipated to take another 2 weeks.  The tenants have (understandably) been less than happy about living in the flat with the bathroom damp and half the floor pulled up (it is covered with plywood, so not dangerous to walk on) so I had thought they would be pleased to hear today that the insurance claim has been approved and works can begin in 2 weeks if they agree the date is suitable.  As the flat only has one bathroom they will need to move to alternative accommodation, paid for by the insurance.

Apparently not.  It seems that one of the contractors who went out to quote told them that the work would take 2 weeks and the sanitary ware would go back in at the end of every day, which IMO is impossible with the extent of the damage.  The insurance have chosen a different contractor who says they need to be out for a month as the bathroom will be gone, and they're going mad over it.  There is no scenario in which they can stay at the flat while the works are done - even if stuff was reconnected there will be no floor to walk on to to get to the toilet or bath, no tiles (or walls!) around the bath etc.  The room is totally rotten down to the concrete.  But based on that other contractor they're saying they don't want to move out.

It sounds like even if they agree to move out they have a list of requirements for the alternative accommodation as long as my arm, and the supply of short term lets in the area is extremely limited (they will not move to another area due to work/school).  I've been instructed by the insurance to find something on Air BnB and there are only 3 that would even be candidates.  I recently learned that they got a dog (without asking permission, which is in the tenancy agreement), which takes the options down to 2.  Then they said they can't go somewhere with carpets because they have dust allergies, which rules out all of the properties!

If they refuse to leave the property to alternative accommodation then the work can't be carried out, but I can't leave them living in it like it is.  If I can't carry out the repairs now the insurance might refuse to pay up further down the line, and it's not a small sum of money.  I doubt they would terminate the tenancy voluntarily, as they're also several thousand in rent arrears currently and wouldn't be able to find another property, but if I initiate an eviction it would take a minimum of 6 months at the moment.

I'm really not sure where to go from here.  Am I being unreasonable in expecting them to co-operate with this?  Do I actually have any options?

HampshireH

They are being extremely unreasonable in my opinion.

Stick a portaloo cabin with shower in the garden and they can stay

What have their proposed they would be happy with, aside of staying. Have you pointed to them that this wouldn't be happening if they had reported the repair as per their tenancy. Or they would have more choice had they no got a dog again against the tenancy.

scottishblondie

I've not outright said that the current situation is partially their fault as I don't want to escalate matters.  The husband has been rather aggressive towards me in the past.  They actually haven't even told me about the dog - my father went there with the guy that repaired the pipe and saw the dog.  I had given them permission for a cat 2 years back which they never got, but it seems they've taken this to mean getting a dog was ok too!  I'm just not bringing it up, but I obviously can't ignore it when looking for accommodation as then I'll be on the hook if the host finds out.

They've now said they can't sleep in strange beds or sofas as dust mites are too big of a problem.  There is zero chance any AirBnB host is going to let them bring their own furniture.  They're really not proposing anything, just giving me a list of things that they apparently can't have.

ratechaser

There are far more experienced people on this board than me, but I thought that if a property was uninhabitable (which it sounds like this pretty much is) and needed repairs, and the situation hadn't come about through your wilful neglect as a landlord (which doesn't appear to be the case), then there was a legal mechanism to force them to move out while repairs were made?

Or does COVID mean that all bets are off there too?

[Deleted User]

scottishblondie said:

I have a rental flat which requires a major repair.  The tenants didn't report a damp issue in the bathroom for 8 months and it turned out to be a leaky pipe which has basically destroyed the place.  The whole bathroom has to come out and be left to dry for 2 weeks before a refit, which is anticipated to take another 2 weeks.  The tenants have (understandably) been less than happy about living in the flat with the bathroom damp and half the floor pulled up (it is covered with plywood, so not dangerous to walk on) so I had thought they would be pleased to hear today that the insurance claim has been approved and works can begin in 2 weeks if they agree the date is suitable.  As the flat only has one bathroom they will need to move to alternative accommodation, paid for by the insurance.

Apparently not.  It seems that one of the contractors who went out to quote told them that the work would take 2 weeks and the sanitary ware would go back in at the end of every day, which IMO is impossible with the extent of the damage.  The insurance have chosen a different contractor who says they need to be out for a month as the bathroom will be gone, and they're going mad over it.  There is no scenario in which they can stay at the flat while the works are done - even if stuff was reconnected there will be no floor to walk on to to get to the toilet or bath, no tiles (or walls!) around the bath etc.  The room is totally rotten down to the concrete.  But based on that other contractor they're saying they don't want to move out.

It sounds like even if they agree to move out they have a list of requirements for the alternative accommodation as long as my arm, and the supply of short term lets in the area is extremely limited (they will not move to another area due to work/school).  I've been instructed by the insurance to find something on Air BnB and there are only 3 that would even be candidates.  I recently learned that they got a dog (without asking permission, which is in the tenancy agreement), which takes the options down to 2.  Then they said they can't go somewhere with carpets because they have dust allergies, which rules out all of the properties!

If they refuse to leave the property to alternative accommodation then the work can't be carried out, but I can't leave them living in it like it is.  If I can't carry out the repairs now the insurance might refuse to pay up further down the line, and it's not a small sum of money.  I doubt they would terminate the tenancy voluntarily, as they're also several thousand in rent arrears currently and wouldn't be able to find another property, but if I initiate an eviction it would take a minimum of 6 months at the moment.

I'm really not sure where to go from here.  Am I being unreasonable in expecting them to co-operate with this?  Do I actually have any options?

Assuming this tenancy started after 1st December 2017 and there’s a PRT in place I’d be using this and the dog as an opportunity to get of these tenants using ground 3 (landlord intends to refurbish) and/or ground 11 (breach of tenancy agreement*) for the dog and failing to report the repair in a timely fashion. 

Again I’ve assumed that there is a PRT in place and that you’ve used something similar to the model PRT agreement provided by the Scottish government that contains clauses such as...

” The Tenant will not keep any animals or pets in the Let Property without the prior written consent of the Landlord. Any pet (where permitted) will be kept under supervision and control to ensure that it does not cause deterioration in the condition of the Let Property or common areas, nuisance either to neighbours or in the locality of the Let Property.”

And this....

” The Tenant undertakes to notify the Landlord as soon as is reasonably practicable of the need for any repair or emergency. ”

Grumpy_chap

What solution would the tenants accept that allows the repairs to be carried out?

Obviously, as LL, you have an obligation to provide a fit and habitable property.  I don't know to what extent your obligations are discharged if it is the tenant that refuses to permit essential work to be undertaken.

However, I suspect that this has a massive bearing on their behaviour:

scottishblondie said:

they're also several thousand in rent arrears currently and wouldn't be able to find another property, but if I initiate an eviction it would take a minimum of 6 months at the moment.

The tenants likely suspect that the essential repairs will be used as a mean to remove them from the property. Even if you are funding their alternative accommodation, they will possibly see that as less good than you funding them in the flat they are currently. 

I really don't think you have much option other than to commence eviction proceedings.  It seems like you are generous anyway allowing the tenants to accrue several thousand in arrears without having started proceedings.  Given the complexity of the situation, others can advise on the most appropriate notice clause to invoke.  I think the COVID notice is extended in any case, and there is a court backlog.

I feel for you.  Good luck.

macman

How many months in arrears? More than 2 months?

One thing I am sure about: you are not responsible for rehousing their dog...

greatcrested

Remind the tenants that they have an implied duty to act in a 'tenant-like manner'. In this instance it would mean reporting repairing issues in a prompt way to the landlord.

Having failed o report the problem for 8 months, they become liable for the cost of the subsequent damage which would have been avoided had they reported it properly, and the repairs would have been restricted to simply the leaky pipe.

Send them the quote for the work, and tellthem they will be liable to pay the invoce when the work is completed.

scottishblondie

Lover_of_Lycra said:
Assuming this tenancy started after 1st December 2017 and there’s a PRT in place I’d be using this and the dog as an opportunity to get of these tenants using ground 3 (landlord intends to refurbish) and/or ground 11 (breach of tenancy agreement*) for the dog and failing to report the repair in a timely fashion. 

They've actually been in since mid 2016, so it was originally a Short Assured Tenancy that rolled on to month by month.  All of the grounds that I believe I could currently use ("3 months rent arrears", "persistent delay in paying rent", "some rent unpaid", "breach of tenancy condition" and "deterioration of the house and common parts") currently require 6 months notice to go before the 1st Tier Tribunal for an eviction notice.

@Grumpy_chap I suspect you are correct.  To be honest they've been chronically late with the rent the entire tenancy, and have always put off reporting issues when they know they're behind.  Then when they do report the problem expect it fixed immediately.  Once the washing machine malfunctioned and their clothes were stuck inside - they left it like that for nearly 2 weeks, then as soon as they had made a payment called me and expected it to be fixed the same day.

@macman At this point I they're about 3-4 months in arrears, which I have been willing to bear given the current situation.  They have continued to make payments, just nothing like the full amount.  The husband works in hospitality, which has obviously been hard hit, and they have 2 kids so I've been reluctant to start any kind of proceedings.  Plus I'm pretty sure as soon as they get notice we won't receive any rent during the 6 month wait to get an eviction order. 

We actually want to sell the property, as it has brought me nothing but misery and expense!  But had planned to wait until Covid was over with.

scottishblondie

One bit of good news I did get is that the insurance will still pay out down the line if I end up needing to evict, so at least I can stop worrying about that.

princeofpounds

Sorry, I don't know enough about Scottish law to advise. 

But if this were England, I'd have been starting the eviction process yesterday. Serve a Section 21 (if possible) and a Section 8, with various grounds 6 (a mandatory ground), 10, 11, 12 and 13. i.e. the property needs refurbishment that cannot proceed whilst they are there and they refuse to leave, rent arrears, not paying rent regularly, breaching the tenancy agreement with the dog and neglect of the property.

Unfortunately with the Covid situation and the backlog it's created, a result within a year would be lucky. Hope it's better than that for you.

Anyway, you aren't being unreasonable. They need to move out because of the work, and a month is a totally reasonable timeline for a full bathroom refurb. As stated previously, they probably think you are trying to sling them out using it as a pretext, and/or they want the luxury treatment.

Unfortunately, in England at least, apart from persuasion, seeking to terminate the tenancy is the only thing you can do. 

You may find they get fed up if no work goes ahead until they move though.