Tennant broke the agreement

[Nick Webster]

Afternoon everyone, this is my first post to the forum.
I have a Tennant, who has broken his 5 year agreement. He has 18 months left on it.
I did a house inspection and found things weren’t to my liking. Basically he’s done things without my consent, and not kept the garden in decent order. I gave him 4 weeks to sort things out, but he didn’t do anything. I’ve just gave him a extra 2 weeks now.
I get the impression he won’t do anything, so can anyone advice me what my next step should be?
Thank you Nick.

[leaseholder64]

"Not to your liking" probably means there is nothing you can do. So as to cause an eyesore that is bighting the neighbourhood, you should do your best, but if there really is 18 months to run, you could only enforce on the basis of a breach in the tenancy conditions or by employing a gardener and increasing rent. The courts have discretion on breaches and generally try to avoid making people homeless.

I think you need to fill the questionnaire in the sticky posting, as a fiver year agreement, or even an 18 month one are very unusual, and a five year one must be in writing and as a deed.

Such a long agreement is normally only used for rent to rent arrangements and are commercial leases, with the resident not being your direct tenant. These are generally advised against here.

[DPT57]

If this is a residential tenancy then anything more than 3 years should be signed as a deed and gives the tenant more rights than a sub 3 year AST. Was this the case here?

[Nick Webster]

It is a residential contract. I was stupid when renting it out. Only now after having problems, with the police going to the address, for physical abuse, I realised now, I should have had a 6 month rolling contract in place. The Tennant has cut a hole for a cat flap, erected a green house, without consent. Left a heap of garden rubbish for 18months, rotting away, without asking me.

[mariner]

Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

[jpkeates]

It is a residential contract. I was stupid when renting it out. Only now after having problems, with the police going to the address, for physical abuse, I realised now, I should have had a 6 month rolling contract in place. The Tennant has cut a hole for a cat flap, erected a green house, without consent. Left a heap of garden rubbish for 18months, rotting away, without asking me.

Ignoring the fundamental issue that the contract isn't a legal agreement in the first place because these issues don't arise as a consequence, you are in exactly the same position as any landlord with a tenant in a fixed term.

The police attending (and its cause) is nothing to do with you. You have let the property to tenants, you haven't adopted them. You are not responsible for their behaviour and can't do anything about it.

Your tenant has the property as their home. Unless the tenancy agreement specifically forbids it, the cat flap and greenhouse are things that the tenant can address before they return the property to you. If the tenancy agreement doesn't allow these things, enforcement is next to impossible in practice.

f the property value is reduced as a consequence, you can claim compensation when the tenancy ends.

Same with the garden rubbish. At this point, the tenant lives there, not you. They don't need to ask you whether they can leave a pile of garden rubbish.

You can't make the tenant live a lifestyle that you don't approve of. You're letting the property and its the tenant's home, not yours.