Tenant Issues - New Landlord Requesting Advice

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • TWMLandlord
    started a topic Tenant Issues - New Landlord Requesting Advice

    Tenant Issues - New Landlord Requesting Advice

    For the past year I have let my family home (work commitments meant I've had to live elsewhere), using a fully managed service provided by a local letting agent. I let the property on the understanding that it was a single tenant with her young son and no pets (although I advertised the property as pets considered). For the majority of the year I've had no problems with the tenant. The rent has always been paid on time (give or take a few days), quarterly inspections show that the property has been kept in a good condition and the next door neighbours (who I'm still in contact with) have not reported any issues. Communication with the tenant has been difficult (arranging inspections etc.) but that was more of an issue for the letting agent as I was paying for the fully managed service.

    More recently I provided the tenant, via the letting agent, with one month's notice for my own contractor to complete a gas safety inspection and boiler service at my property. On the day of the work I was alarmed to receive a call from the contractor stating that a man had run out of my property and demanded aggressively that they get off 'his' drive.

    Conversations with the letting agent followed and I also contacted my old neighbours for further information. They informed me that the man had been living with the tenant in the property since the start of the tenancy. They also noted that she had a small dog since the beginning. They did, however, note that they had no issues with the tenant and would be content if she stayed in the property.

    Over the past 2 months the letting agent has been communicating with the tenant about her living situation and the gas safety inspection has now finally been completed. She continues to state that the man doesn't live there full time and I don't want to cause difficulties with my old neighbours by quoting them on what they observed. I have requested, via the letting agent, proof that the man is not living at the property. The tenant has provided the man's driving licence (which is 7 years' out of date) and a tenancy agreement with his name on at another property until 2019. I have requested that carpet cleaning at the end of the tenancy is added to any new agreement we may sign (due to the pet with no extra deposit provided) and that the tenant's communication is vastly improved. I have also made it clear that any repeat of threatening behaviour towards a contractor will not be tolerated.

    I would be grateful for advice on the following questions:

    - Would you be content with the proof provided by the tenant that the man is not living at the property? My concern is that if the situation gets worse and malicious damage is caused, that the insurance company wouldn't pay out? Have I done everything I can to prove that the man is not living at the property full time?

    - Would you continue with the tenant bearing in mind that the rent has always been paid and that the property is being kept in a good condition? Or would you serve notice, take a financial hit and hope that the next tenant is better?

  • Darth Wookie
    replied
    Originally posted by leaseholder64 View Post

    That depends on whether the result is statutory overcrowding, or breaches of an HMO licence.....
    Fair and valid point, but in this case the property is already described as a family home with an adult and one child. The traditional 'family' home would ordinarily have two adults and child(ren), and probably a dog/cat.
    The issue for me is that that OP still sees the property as a (personal) family home, rather than remaining emotionally detached and considering business needs only.

    Leave a comment:


  • leaseholder64
    replied
    Originally posted by Darth Wookie View Post

    Not entirely. A landlord is responsible to their tenants, but a tenant is responsible for any visitors or occupants they may have during their tenancy.
    That depends on whether the result is statutory overcrowding, or breaches of an HMO licence.

    Landlords are required to determine whether overcrowding is likely, at the time that they create the tenancy (possibly also renewals).

    As I understand it , landlords are responsible at all times for HMO violations.

    So, in the case of an HMO, it might be essential to impose an occupancy restriction.

    In the non-HMO case, it might be advisable if the known tenants put the property on the verge of overcrowding (although some sorts of temporary guests don't count, as they are temporary family visitors).

    Leave a comment:


  • Darth Wookie
    replied
    Originally posted by TWMLandlord View Post
    AndrewDod - noted thanks. Is that because landlords are now more accountable for their tenants? Does having a fully managed service from a letting agent protect me in any way?
    Not entirely. A landlord is responsible to their tenants, but a tenant is responsible for any visitors or occupants they may have during their tenancy.
    Is it really possible to dictate to a person who they should, or should not, have in the privacy of their own home. Can we, as a society, really insist that a single person promises to stay single and not form a relationship just because they have an unrelated contract for a separate service.
    The tenant not declaring a partner, or a dog, may result in them losing their home, but it could still only be through a S21 (no fault) procedure. The judge wouldn't give a dingo's kidney about the background circumstances, only the contractual and procedural process.

    Leave a comment:


  • Berlingogirl
    replied
    The 'guest' at the property might well be subletting his own rented property. If you have a copy of his tenancy agreement there should be the landlord's contact details on it. I'd contact the landlord to check the man still lives there. He might well have come to an agreement with the landlord to surrender the property, or he might well have never moved in. The landlord might well want to check his own property.

    I'd tell your tenant that having somebody else there affects the insurance (it might well make it cheaper if he's employed) and so, for your own peace of mind would she please provide a bank statement showing he lives elsewhere. This would also quell rumours that she is letting somebody else live there which would affect her benefits and that if he living there, and you have to investigate, you can be accused of taking part in a benefits fraud - you'd like peace of mind because you are a consciencious (sorry I just cannot get the spelling right!) landlord.

    Increase the rent by £X to cover the dog living there. There's a form for this - can't remember which, so google it.

    Personally, I wouldn't make moves to evict this tenant and her child at this time.

    Leave a comment:


  • MisterB
    replied
    you said quarterly inspections have revealed the property is good BUT why didn't the agents/inspection notice the dog or even the additional tenant - even if the additional tenant had taken the dog out for a walk, surely they would have asked, even if only for confirmation whether anyone else lives there or any pets since they moved in? if not, then perhaps you should tell them to do so !!

    Leave a comment:


  • leaseholder64
    replied
    Originally posted by AndrewDod View Post

    How is it "illegal" to look up something on the electoral register.

    Though I doubt it will be of use here anyway. I am with the majority - you cannot afford marginal or deceptive tenants these days. Get rid.
    The unedited electoral registers is only made available in libraries in order to check the right to vote. The only people who can use it for any other purpose are certain named credit reference agencies (three in total, I think) and probably the authorities for law enforcement purposes. The only way that you can use it for business purposes is via a credit reference agency and I think they will only be allowed to confirm that a named person lives there, not supply a name.

    See, for example, http://www.rother.gov.uk/article/112...7&inplace=true

    Leave a comment:


  • TWMLandlord
    replied
    The AST doesn't specifically have a subletting clause but it states that the premises should only be used as a private residence for the occupation of the tenant and her immediate family.

    If I can't legally prevent the tenant having a guest staying most of the time, then am I also not legally responsible for the actions of that guest? If the tenant has signed the tenancy agreement are they then responsible for the conduct of their guests?

    Leave a comment:


  • mariner
    replied
    No, you are the LL and Agent acts for YOU.
    Does the AST contain a 'no subletting' clause?
    You can't legally prevent the T having a b/f,lodger,temp guest staying for most of the time.

    Leave a comment:


  • TWMLandlord
    replied
    AndrewDod - noted thanks. Is that because landlords are now more accountable for their tenants? Does having a fully managed service from a letting agent protect me in any way?

    Leave a comment:


  • AndrewDod
    replied
    Originally posted by leaseholder64 View Post
    Even though the library probably has both edited and unedited registers, it would be illegal to use the latter for this purpose, and they may have opted out of the former.
    How is it "illegal" to look up something on the electoral register.

    Though I doubt it will be of use here anyway. I am with the majority - you cannot afford marginal or deceptive tenants these days. Get rid.

    Leave a comment:


  • fullhouse50
    replied
    The full register is available in local libraries or at the British Library. Whilst your allowed to make notes from them, I do think it would be difficult to go down the route of eviction on the premise that more people reside at the property than there should. It is more to used to understand the true circumstance of the tenants living arrangements.

    Leave a comment:


  • TWMLandlord
    replied
    Thanks for the advice fullhouse50.

    Leave a comment:


  • leaseholder64
    replied
    Even though the library probably has both edited and unedited registers, it would be illegal to use the latter for this purpose, and they may have opted out of the former.

    Leave a comment:


  • fullhouse50
    replied
    I would not renew the contract. The gas safety certificate is a legal requirement which can cause headaches if it has not been performed. You can try have a look in the local library on the electoral register to see who is registered to live there. Furthermore, requesting council tax proof and seeing if the tenant gets a 25% single person allowance could be a way.

    Nevertheless, having a small dog in breach of an agreement and a man making life hell for your plumber just doing his job is enough for me to issue S21.

    Leave a comment:

Latest Activity

Collapse

  • Tenancy break up
    Captain Birdseye
    Hi hope someone can help with this situation.

    Tenants have been with me for over a year and signed joint tenancy. Now on a periodic tenancy the lead tenant has given me 1 months notice to vacate the property due to relationship break down. The other person wishes to stay in the property...
    26-05-2018, 10:49 AM
  • Reply to Tenancy break up
    DPT57
    Just tell them they will all have to leave once she serves notice and explain the consequences if trespass if they dont leave. Once she has served the notice it cant be revoked so its out of your hands anyway
    27-05-2018, 15:03 PM
  • Attic conversion liability issues
    Col13
    Hi, I am new to the letting business, and have just come into possession of a terraced house that I intend to let rather than sell. The attic in the house I am about to let out was converted 35 years ago, without building control or planning. Its fine, but doesnt satisfy modern regs in terms of fire...
    26-05-2018, 10:18 AM
  • Reply to Attic conversion liability issues
    DPT57
    Tenants will be tempted to sublet the attic or AirBnB it. If you have concerns about the attic space then I would say this property is not really suitable for letting
    27-05-2018, 14:59 PM
  • Dispute with landlord over deposit
    MarieMB
    I have recently moved out of a property and requested my deposit back (£2000) from my landlord which has been protected in My Deposits scheme. I paid rent every month on time and gave him the correct amount of notice prior to moving out. I left the flat clean and received an email response from him...
    13-05-2018, 20:47 PM
  • Reply to Dispute with landlord over deposit
    MarieMB
    Hi all,

    Thank you for all of your responses. They are very helpful.

    Mariner, to answer your questions, it was a joint tenancy, I am listed as the lead tenant and it is my name on the deposit scheme. He took out the insurance option, which means he has spent the money. What...
    27-05-2018, 13:10 PM
  • Gdpr
    serendipity129
    Reading so much conflicting information.....I have 1 property, 1 tenant and I hols and electronic contract and have their email address, should I register and send a privacy notice?
    24-05-2018, 09:43 AM
  • Reply to Gdpr
    JK0
    Thing is, if that were the case, now the law is in place, it is too late to email anyone to ask for consent for future emails. ...
    27-05-2018, 10:58 AM
  • Reply to Gdpr
    Stef Cooke
    Rarely! And the number of large corporations who got it all wrong, some of whom are now trying to say they are sorry, can they take it all back?

    I am holding off with the "I told you so's" for the more stridently convinced colleagues who were so rudely certain they had to ask...
    27-05-2018, 10:14 AM
  • moving furniture in before official occupation date.
    ShinyTim
    Thats it really, would you let tenants move their furniture in, before the official date on the t/a
    they have paid the deposit and the 1st months rent, signed the agreement, and have been offered a free van to use on a date a week before I am to give them the keys

    have been a landlord...
    23-05-2018, 09:33 AM
Working...
X