Nightmare tenet blockages toilet please advise

Ali161592

I rented my flat 3 month a go to a single lady, she viewed the property and requested some improvement which is done state agents Winkworth done the checks , and with faith of Estait agent I rented the flat , since first day different problem raised cosmetic and kitchen improvement and more that I have done it just to be a good landlord, suddenly she came up with toilet blockage in the flat top 4th floor , I said this property checked and all in perfect order passed in to you I never had issue with toilet over last 18 years how it’s blocked the first 2 month you moved in? So that’s her responsibility to open the blockage, today she called the emergency service under one hour to unblock the toilet and sending me 350 pound invoice and saying the guy said installation is wrong and it’s need to be change which is that Instlation there for last 18 years and also to claim that 350 pound asking me to change the toilet Instlation to proof her word, if not she is now breaking the contract , 
please if anybody has any one has any experience like this, I called Winkworth and said you charged me in advance for the Tenent that was nightmare and if she leave what happened to the 2000 pound I paid for one year they say I need to pay again to find another tenets any help and advice much appreciated 

HampshireH

If your tenancy agreement says you are responsible for all repairs(without exclusion such as blocked wc) then you should have got a plumber out and got them to report back for you and fix the issue.

As you didnt you presumably didn't leave the tenant with a working toilet hence her need for an emergency plumber 

I'd say £350 is a rip off but I also don't think a landlord should shy away from their responsibilities.

Get your own plumber out to do an assessment of the situation (or freeholder to do it if its a stack shared with other flats). Get a copy of the invoice for the work she had to have done and pay them.

Can't see how she is breaking the contract.

anselld

Your responsibility to repair …
  https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

If it turns out to be blocked due to abuse by tenant then you charge them after as a damage claim.

What were you paying this agent for?  Full management?  If so why were they not managing the repair and advising you of your responsibilities.  It is a lot of fee to pay up front to them.  Sounds dodgy.

So if the tenant does leave it would be best to start again with a different Agent and some basic research and/or training on your responsibilities.

ThisIsWeird

Hi Ali.
It sounds as tho you had some direct comms with this tenant, even after they moved in? Eg, agreeing to some cosmetic improvements in the kitchen?
With it seemingly being 'fully' managed by an agent, all comms should really be via them - keep your personal distance.
When this pipe blocked, how were you informed - directly by the tenant, or by the agent? It should have been the latter, and the agent should have suggested some options to you; "Do you have your own plumber, or shall we send our guy?"
Seemingly you did neither, and that was a rookie LL error. Had you sent your own trusted plumber, or the agent's hopefully ditto, then you would have had a 'factual' assessment of the cause that you could trust, and not one you are now questioning. 
Ie: you'd have had a report stating, ideally with evidence (eg a photo...), that it was either misuse by the tenant, for which you'd bill them for the unblocking, and advise them of the correct use moving forward (or perhaps compromise on this initial bill if you want to be nice, or feel it wasn't uber-careless behaviour), or it is indeed a plumbing installation issue, which you either need to address, or arrive at an agreed way forward with the tenant; "It works ok, but won't cope with xyz, so please avoid...".
What to do? Your choice would appear to be as simple as 'pay up' or 'challenge' by sending your own plumber for an assessment. I'd suggest the latter option has now gone, so I'd pay up.
Moving forward, either find your own trusted plumber (and sparky, and GasSafe, and general builder), or else use the Agent's, but for the latter, insist on evidence for their findings.
This emergency plumber must have given you some details of the cause? What, exactly, did they report?

bobster2

Ali161592 said:

I rented my flat 3 month a go to a single lady, she viewed the property and requested some improvement which is done state agents Winkworth done the checks , and with faith of Estait agent I rented the flat , since first day different problem raised cosmetic and kitchen improvement and more that I have done it just to be a good landlord, suddenly she came up with toilet blockage in the flat top 4th floor , I said this property checked and all in perfect order passed in to you I never had issue with toilet over last 18 years how it’s blocked the first 2 month you moved in? So that’s her responsibility to open the blockage, today she called the emergency service under one hour to unblock the toilet and sending me 350 pound invoice and saying the guy said installation is wrong and it’s need to be change which is that Instlation there for last 18 years and also to claim that 350 pound asking me to change the toilet Instlation to proof her word, if not she is now breaking the contract , 
please if anybody has any one has any experience like this, I called Winkworth and said you charged me in advance for the Tenent that was nightmare and if she leave what happened to the 2000 pound I paid for one year they say I need to pay again to find another tenets any help and advice much appreciated 

At this point I don't think there's any basis for describing her as a "nightmare tenant". It could turn out that she is one - but at this point nothing too unusual has happened.

She asked for some improvements - which you apparently agreed to. 

Then there was a toilet blockage - you refused to help address this - told her it was her responsibility and so she called a plumber. It sounds like the plumber may have overcharged her - but that could just be down to naivety on her part. Or it really may have not been a simple blockage and there could be a problem with the pipework. 

At this point - you need to have this toilet installation checked yourself so you can establish whether there is an issue.

jjjoe52

"she viewed the property and requested some improvement" => run

Lesson learned.

theartfullodger

As landlord you have legal obligation to ensure toilets etc work.  

S11 landlord and tenant act 1985

https://www.legislation.gov.uk/ukpga/1985/70/section/11


Get it fixed but by someone who can get photos down the tubes.

If you then believe it's due to tenant's actions then  (perhaps if you want a bad relationship with tenants ) ask for payment or sue them.  

Happened to close relatives who rented out parents old home, got blocked, photos showed "inappropriate" items down there, tenants coughed.

There are many things a landlord may have to pay for.  In my experience many many landlords try to wriggle out of most....

Regards to all

EssexHebridean

jjjoe52 said:

"she viewed the property and requested some improvement" => run

Lesson learned.

We don’t really know what was requested though. Could have been something cosmetic, but unpleasant. Could have been something which the prospective tenant could see would subsequently cause her a problem - a kitchen cupboard loose on the wall for example. Without context, the suggestion that any prospective tenant who asks about small matters being dealt with prior to them taking the tenancy doesn’t reflect wonderfully on the sort of LL who might decline to rent to them, to be honest! 

Grumpy_chap

The OP appears to be using the descriptor "nightmare tenant" solely over the issue of a blocked toilet.  

In such an event, the Tenant should act in a "Tenant-like manner" so might try basic things themselves first - flush again (assuming that won't cause an overflow), use a plunger and such like.  The T should also not flush non-flushable items that might contribute to a blockage event occurring.

The T should then report to the LL (or the LL's Agent) but, if the response is not sufficiently quick enough, it does seem entirely reasonable that the T makes their own arrangements for a Plumber to attend.  The LL should cover whatever the costs are arising from that call out (within reason on value).  I consider £350 for a Plumber to attend on a call-out basis reasonable.

It is the LL's responsibility to ensure that the property is inhabitable.  That includes the T having working toilet and I assume the flat has only one toilet so a timely response to any report is required.  If the LL failed to respond in a timely fashion, it is appropriate for the T to make their own arrangements.

It also seems to be in the LL's interests that the T was proactive and got this sorted.  The alternatives (do nothing) might have been the T flooding the bathroom and ultimately causing damage to the flats on the lower floors, or the T deciding the property was inhabitable and seeking hotel costs from the LL.

The LL could request a copy of the report from the Plumber that did attend.  If that shows that non-flushable items were flushed, then the LL should cover the costs on this occasion but also have a polite conversation with the T about the types of items that can, or cannot, be flushed down the lavatory.  This would set the ground conditions for a future event being handled differently if, indeed, the T was flushing inappropriate items.

Ali161592

jjjoe52 said:

"she viewed the property and requested some improvement" => run

Lesson learned.

Yes she viewed the property and requested some improvement all done , but problem came after a month keep requesting to change this and that, like the kitchen work top which again I did it, but the toilet was top of all I never had problem with the toilet since 10 years 4 tenet , now she claim installation is wrong if it was wrong this was keep happening 

ThisIsWeird

Ali161592 said:

Yes she viewed the property and requested some improvement all done , but problem came after a month keep requesting to change this and that, like the kitchen work top which again I did it, but the toilet was top of all I never had problem with the toilet since 10 years 4 tenet , now she claim installation is wrong if it was wrong this was keep happening 

I hope you've read all the good advice on this thread? The 'changing this and that' part is entirely up to you, but you shouldn't feel in any way pressurised into doing this unless you acknowledge that the bits are old and worn. You shouldn't entertain changing anything for purely 'cosmetic' reasons, unless you want to, to improve your property.

It is also irrelevant to the plumbing issue, so keep the two completely separate in your mind.

The plumbing issue:

1) When she informed you that the toilet was blocked, you should have arranged for a plumber straight away, and kept her informed of this. You should have made it clear that she could be liable for the bill, depending on the cause. You have learnt Had it been user error - the tenant - then they should have paid, but you currently have no idea if this is the case.

2) Do you have sight of the plumber's report and invoice? If not, do not pay up. Insist your tenant provides this before you consider settling any invoice. 

3) The fact that the plumbing hasn't blocked before or since does not, in itself, mean the plumbing is 'ok'. It might be ok, or it might be slightly dodgy so it is more prone to blockages. You currently do not know. So, you need the plumber's report, which should outline what their claim is.

4) Do you have your own plumber that you trust? No? Get one. And a sparky and general builder whilst you are at it. Use them. Tell your tenant they are the ones to be used from now on.

5) I presume your agent made a detailed, evidenced, inventory when they moved in? Have the additions been added to this?