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Tenancy Issues

Morning,
A tenant moved in December 2022, they disclosed that they had a large dog. After contracts were in place, they dropped in that they had a small rodent, a bird and 'a few fish'. This was correct but the aquarium they moved in was 800kgs. I did state the first time I saw it Q2 2023, that it was much larger than I expected and confirmed verbally that the floor not concrete.

Late 2023 on a visit for maintenance, they had replaced their aquarium with a much larger one weighing 1500kgs. At the time I asked them to get insurance to cover any damage but they can't cover buildings as they don't own the house. I've had a series of set backs so I've not been /felt well enough to deal with this until now.

This is not the only issue I have with the tenants, but it's 50% of the reason I would not be sad to see them go.

Their contract is due in a few months and so I've raised this as a major concern as any claim would be down to my buildings insurance and would then effect premiums for all of my houses, 5 including my own home.

I've suggested they get a structural engineer in to give a report about whether the floor can take it, and get some sort of insurance in place that can be claimed on without effecting my insurances.

I know that Section 21s are likely to be a thing of the past soon, so I feel this is my best opportunity, without having to find which section would cover the unreasonable risk to the property I feel this is.

Does anyone have any advice on this please?

Comments

  • user1977
    user1977 Posts: 17,450 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    I think the buildings insurance is for you to deal with as it's your risk, not theirs - you could (reasonably) suggest that they reimburse you for any additional premium.
  • FlorayG
    FlorayG Posts: 2,152 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 1 April at 10:24AM
    Structural damage caused deliberately or due to negligence is actually the responsibility of the tenant. I suggest you inform them in writing of your concerns about the weight and the possible damage and ask them to remove the fishtank immediately OR get a structural engineer in at their cost to assess. If they won't do either, you can issue S21 and will have grounds of breach of tenancy issues due to them keeping animals not allowed and potentially damaging the structure. If they like living there, it's up to them to keep the place in good order.
    You might also point out that if it falls through the floor as you suspect it might, all their precious fish will die
  • theartfullodger
    theartfullodger Posts: 15,628 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Evict.  Obvs.  Full reference or none.
  • anselld
    anselld Posts: 8,602 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You don’t need a structural engineer to tell you a wooden floor will not be designed to take a 1500kg load in one place.
    Section 21 does not require a breach or indeed any reason.  Best to just get on with it.
  • Thank you very much everyone. I have already approached them in writing by email with my concerns, and they have replied by stating that they will vacate the property by the end of the tenancy period in summer. I'm relieved as I feared they would be difficult. Phew! I won't make the same mistake again regarding not getting exact sizes of things like aquariums. 
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