Painting in a HMO house

[stuart123]

Hi,
I have a four bed HMO house let to four professionals, looking to paint the house and also plaster where required for the complete house, this will take 5 to 7 days to complete the work.
All the tenants were fine and cooperative, except one tenant, who has changed his shift from morning to night shift.
He says he will get disturbance when he sleeps in the day time and if there is to much disturbance, he will complaint to council.
We dont have anything in the contract that we won't do any works.
I called the council for the advice, but council mentioned they can't advice.

As it is summer I want to do the painting works. Any suggestions, can tenant create an issue by complaining.
Here I feel Landlord has the right to do the work in the day time, if the tenant is sleeping in the day time, this is not a concern to landlord, am i right?

Please kindly suggest.
Thanks

[jpkeates]

I'm not sure the tenant complaining to the council would have any effect.
Worst case, they'd tell you to stop and, by the time they did, you would have done.

Most likely to go into the when we have absolutely nothing more serious to do file.

[AndrewDod]

a) Is this a joint tenancy or are they letting individual rooms:

b) Is this internal or external painting only

If joint: The tenants have to speak as one - it is not a case of one dissenter or a majority.
If renting a room it is different:

The external parts: They cannot prevent you from maintaining the property. If they do, they have to face the consequences (rotten wood etc, for which they will be liable)

Internal parts: If "the tenant" refuses, then just don't do the work at all. Their loss. If a single room tenant, then just don't do their room.

Why do you actually need to do this work?

[DPT57]

If it's a joint tenancy for the whole property/land then they/he can prevent access to you and your decorators, (whether the works areexternal or internal,) and if you try to force entry he can call the police to report you for harassment and breaching quiet enjoyment.

[stuart123]

Thanks all. This is a individual tenancy and not related to each other. All the three tenants are fine,except one tenant, he is working in the night.
For maintenance of the property i am doing this work. This is an internal painting.

[AndrewDod]

There is only one "tenant" if what you mean is that there is only one tenancy agreement with all three on it.

Just forget the painting.

[stuart123]

Each tenant has there own tenancy agreement and in the tenancy agreement there is no clause regarding the painting etc,.

I meant all the three tenants are fine with the painting and are supportive.
But one tenant says he will complaint to the council if he gets disturbed.

[leaseholder64]

If it's a joint tenancy for the whole property/land then they/he can prevent access to you and your decorators, (whether the works areexternal or internal,) and if you try to force entry he can call the police to report you for harassment and breaching quiet enjoyment.

Harassment is a police matter, but breach of quiet enjoyment isn't.

[AlexR]

This is the big problem with HMOs and the main reason why we moved over to students; because students vacate at the end of the year and you can maintain the property if needed each year end.

I found that tenants' changing working patterns have made maintenance a problem

for HMOs

. I had tenants who worked in night clubs, casinos and restaurants who arrived home at about 5 am and slept until 12 or later. Unless its an emergency repair you are very unlikely to get their co-operation. If you can't negotiate a suitable compromise then you really can't do the work.

[Berlingogirl]

I wouldn't bother doing the work. Paper over the cracks. Bit of magnolia emulsion. Job done.

[stuart123]

Thanks all. Not sure what to do little bit confused about the situation.

[AndrewDod]

Do nothing. Don't paint.

[amy131]

Plastering and painting aren't noisy jobs. I would just make sure that those doing the work are aware there may be someone sleeping so they don't put a radio on and take care when moving around any furniture etc. Provided tenants have notice of the works they should accept the communal areas need to be maintained. A landlord I know reduced the rent for tenants for one month while he installed a new kitchen, but that is something which would cause significant inconvenience for a few days.
I assume when you say the whole house you aren't including bedrooms, it would only be reasonable and practical to do that between tenancies.

[DPT57]

Each tenant has there own tenancy agreement

Assuming these are room only tenancies then they have no rights over communal areas or exterior unless you've given it to them contractually. Harassment issues aside, the tenant cant prevent you from doing the work.

[leaseholder64]

I assumed the OP was painting the rooms, as well.