Outgoing tenant dissuading prospective tenants

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  • Outgoing tenant dissuading prospective tenants

    Good morning
    I have quite a few questions & will try to keep them short:

    1. I had central heating problems at my house-hot water worked-central heating did not. I immediately supplied heaters for upstairs & downstairs & the tenants said that it was more than sufficient. After several quotations i found someone to replace the boiler, but he only became Corgi registered on 10th April. I therefor waited 'till he was qualified & everything is now fixed and working. However - the tenants gave notice after living there for nearly two years & when people came around they made a point of telling them their was no central heating, but "conveniantly" forgot to say that it was being repaired shortly after the 10th April. The agencies called me up & asked what's up with the tenants putting the viewers off? I am now battling to get it let as they have done this to all the viewers and the agents confirmed that this was the only reason a lot of them said no to the property. I've always let my property within one week of advertising and have never had a problem! Can I keep their deposit back to cover for the property being empty due to their actions untill I find someone?

    2. The tenancy agreement we had does not say anything about putting the rent up after a year. Can I put it up regardless of it not mentioned in the tenancy agreement? We did not renew the tenancy, we just kept it running from month to month. What is a reasonable percentage to up rent with each year?

    Thank you in advance.

  • #2
    You would probably do better if you arrange to be present when your prospective tenants turned up and show them round yourself, that way you also get to have a look at the condition of the property and answer any questions without the tenant butting in.
    As for putting up the rent, if they are leaving shortly, why bother? Start the new tenancy at the rent you decide you need.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Sounds like you have really annoyed them. What you thought is acceptable time lag and provision, they do not agree with you and are getting their own back.

      There is one solution; fix the boiler now!!
      All posts in good faith, but do not rely on them

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      You can search the forums here:

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      • #4
        If you upset them more they might not let any viewings at all. Tread carefully.

        You cant withold deposit for what might have been said concerning the heating.

        Now the heatings up and running, there shouldnt be any problems in you letting it.

        Good luck.

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        • #5
          I was unfortunately in the USA at the time otherwise i definitely would've been there myself!

          Comment


          • #6
            Planner - they have already moved out of the property so the property is now standing empty since the 1st April. The agent was present when this was said, so I know it's not a "rumour" AND the tenant admitted to me in writing that he said it - as I obviously queried him about it? Can I still not hold them responsible?

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            • #7
              Originally posted by feduplandlord View Post
              The tenancy agreement we had does not say anything about putting the rent up after a year. Can I put it up regardless of it not mentioned in the tenancy agreement? We did not renew the tenancy, we just kept it running from month to month.
              As you don't want to grant renewed letting, and assuming that there is no rent-increase-clause mechanism in AST at present, use s.13 of Housing Act 1988. This allows L to serve standard Notice of proposed rent increase (but not more than once a year).
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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              • #8
                You can hardly penalise the tenant for telling what was the truth, that the CH was not working at that time, as for claiming more rent from him after he has left I would say you have two chances on that and they both involve swear words.
                I offer no guarantee that anything I say is correct. wysiwyg

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                • #9
                  Lol! I agree on not claiming more rent after he has left and this is not my intention, but is there not a difference in telling HALF the truth (that the heating was not working) instead of the WHOLE truth (that it was not working BUT IT IS BEING FIXED!) ??

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                  • #10
                    Just some idle thinking (ie: I'm not really sure what I'm talking about). The tenants made a false statement which has caused damage to the LL. That sounds very much like the tort of "malicious falsehood" to me.

                    However, is a half-truth a sufficiently false statement to be capable of constituting malicious falsehood?
                    Health Warning


                    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                    • #11
                      The truth, the whole truth and nothing but the truth?


                      only works in the witness box I'm afraid, and even there, would you believe that some people lie!!!!!!!!
                      What sanctions apply, is it perjury? hardly, more like bloody-mindedness and that ain't punishable yet mate.
                      I offer no guarantee that anything I say is correct. wysiwyg

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                      • #12
                        What is the worst thing that can happen to me if i decide not to refund his deposit because of him making a false statement to viewers and agents?

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                        • #13
                          Originally posted by feduplandlord View Post
                          What is the worst thing that can happen to me if i decide not to refund his deposit because of him making a false statement to viewers and agents?
                          Well I'd say the worst thing that could happen is that the tenant gets very upset and then visits all sorts of indignities on you and your family before crucifying you in Hyde Park.

                          Other than that, a lot depends on the date on which you took the deposit.
                          Health Warning


                          I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                          All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

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                          • #14
                            It was taken in July 2006

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                            • #15
                              move on and find new tenants as quickly as possible - occasionally life sucks !

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