Declaring Children?

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    Declaring Children?

    My tenant moved in a week ago and reported loose stair carpet to the agent. I immediately called my carpet fitter and he said she would attend next morning between 9 & 12. I advised the agent of this so she could pass this onto the tenant.

    Next morning I received a call from the carpet fitter at 11.20am, unable to get access to the property as the tenant was not in. He waited 15 minutes then had to go to another job. I passed his number to the agent so she could give it to the tenant to arrange another visit directly.

    A week later I've received an email from the agent who has tried the arrange another visit with my carpet fitter, but apparently they can't go till the end of next week.

    The agent states that the tenant is concerned her child will fall on the loose stair carpet.

    1. I wasn't aware the tenant had a child. I didn't stipulate no children are allowed, but there is a steep drop from the garden patio to the lawn and ideally I wouldn't have wanted a young child living there as it poses a further risk. I had other prospective tenants who didn't have children and I could have gone for one of them instead.

    2. My carpet fitter would charge £25 and secure the carpet on the spot (unless it was a severe fault, which was unlikely). I'm not happy about paying more, because the tenant was out when mine attended first time around. Shall I ask the agent to see if they can get someone round for £25 or less?


    What would be your advice, please?

    #2
    You can't pass the buck for supervising property maintenance to the tenant. For one thing you didn't check to see whether the tenant would be in the first time, you just passed on a message. Its up to you to be present at the property to let in trademen and supervise their work. I'm not surprised the tenant is unhappy. I would be too. It isn't just children that can slip on loose stair carpet.

    I think its up to you to make a further appointment asap and for you to bear any costs involved

    Comment


      #3
      Originally posted by DPT57 View Post
      You can't pass the buck for supervising property maintenance to the tenant. For one thing you didn't check to see whether the tenant would be in the first time, you just passed on a message. Its up to you to be present at the property to let in trademen and supervise their work. I'm not surprised the tenant is unhappy. I would be too. It isn't just children that can slip on loose stair carpet.

      I think its up to you to make a further appointment asap and for you to bear any costs involved
      Thanks for your response.

      The agent said she did check and the tenant said she would be in. Then wasn't.

      Also, I would be happy to supervise the tradespeople - but I'm on a fully managed service so I didn't think it necessary to be there - and would not wanted to be so without the tenant being present in case she alleged property had gone missing etc while she was absent.

      Comment


        #4
        Does tenancy state only named tenant & no other occupants? If not, change it for next time.

        If it does issue s8g12 today & explain you could take to Court to evict. (Don't, you'd lose)
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by theartfullodger View Post
          Does tenancy state only named tenant & no other occupants? If not, change it for next time.
          Meaningless clause, and probably not enforcable depending on the circumstances. So if I were the only tenant (or a couple) and moved in on a tenancy saying no unnamed occupants, and then I get pregnant have a kid. What, am I now in breach of the tenancy? If you try to evict me before birth or soon after, hello direct discrimination. Like you said, no sane judge are only to evict a tenant because they have a young child and the tenancy say "only named tenant".
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            You are either on a managed service or you're not.
            You arranged the carpet fitter not they agent?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Originally posted by jpkeates View Post
              You are either on a managed service or you're not.
              You arranged the carpet fitter not they agent?
              I had volunteered to arrange this as the carpet fitter is a friend who will give me an honest call and mates rates.

              Comment


                #8
                I'd let the agent sort out a carpet fitter with better availability.
                They'll have a handyman who can tack a carpet.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Originally posted by charliesunnysky View Post
                  I'm on a fully managed service so I didn't think it necessary to be there
                  This raises the question of why you have fully managed when you can go round yourself. Of course, it's up to you if you want to pay for full managed, but usually it's for people who can't be physically present, e.g. me 3000 miles from my properties.

                  My fully managed contract does not include as standard the agent waiting around for tradespeople to turn up or accompanying them to a property to wait around while they do their work. I suspect my agent is pretty standard in this regard in that, if I want them to do this, they charge me a hefty hourly rate plus VAT for this privilege.

                  Did you read your contract with them to see what fully managed does include? I don't think it will include what you expected. It should include what jpkeates suggests and will mean you don't have to get involved at all unless they don't get back to you within a few days to say the job is done. Then you'll have to follow up because it's a safety issue and you might want to look for a new agent if they can't sort this out asap.



                  Comment


                    #10
                    Anyone could fall on loose stair carpet - not just a child . Try to get it sorted tho - Lots of properties have steep drops from garden to lawn I dont know how to go about this though - people can fall over bits of paper these days , cut themselves on rose bushes I dont know -

                    Comment


                      #11
                      Sometimes it is easier to get a friend to fits problmes as agents workmen can change more

                      Comment


                        #12
                        Originally posted by tatemono View Post
                        This raises the question of why you have fully managed when you can go round yourself. Of course, it's up to you if you want to pay for full managed, but usually it's for people who can't be physically present, e.g. me 3000 miles from my properties.


                        I agree. I want to manage it myself but my partner says if they don't pay, or something else goes wrong, where I have to try to get them out, I'll struggle without the assistance of a third party. Also I live and work less than a mile from the property so am likely to bump into my tenant which might not be ideal if they keep pestering me.

                        Comment


                          #13
                          Should that happen, you could use a specialist eviction service or a solicitor.
                          I've not heard great things about agents helping with landlord's evicting tenants.

                          If there's a court hearing, an agent can't represent the landlord (which a solicitor can do).

                          Not being pestered is a sensible reason to use an agent.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            Originally posted by charliesunnysky View Post

                            I agree. I want to manage it myself but my partner says if they don't pay, or something else goes wrong, where I have to try to get them out, I'll struggle without the assistance of a third party. Also I live and work less than a mile from the property so am likely to bump into my tenant which might not be ideal if they keep pestering me.
                            don't be soft, manage it yourself and save the fees!! if the tenant pesters you, issue a section 21- loads of advice on here !!

                            do lots of reading, join a network of landlords and one of the landlord associations. if you put the work into understanding, you'll soon find out its easier than you think.

                            without being disrespectful to agents, some of them have less idea than you probably have.

                            Comment


                              #15
                              Originally posted by charliesunnysky View Post
                              if they don't pay, or something else goes wrong, where I have to try to get them out, I'll struggle without the assistance of a third party.
                              as jpkeates says, that third party should not be your letting agent but a solicitor specialising in property law. The last place you want to find out that your LA is useless is when you have to evict a tenant. In any case, they are only going to be as good as your understanding of the law is going to be because they are acting on your instructions. If they do something illegal, you will fall foul of the law. A solicitor is trained not to do that. Whether LAs are trained in property law is anyone's guess.

                              Comment

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