Compensation from Tenants

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

    #16
    You have the right to request deductions or sue in courts.

    I have the right to sue Johnson for being a useless PM, his continous mendacity and massively contributing to UK "world-beating" covid death rates per million, RIP all of them.

    Think chances of success are very similar.
    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


      #17
      Originally posted by Claymore View Post
      You will find that most contracts have a clause whereby tenants agree to have viewings etc. Basically, this only works if the tenant participates. It might be written in black and white, but if the tenants refuse - that is their right. With the pandemic in place, I would imagine the majority of departing tenants will exercise their legal rights.
      In effect what we are all saying is that such a clause is not worth the paper it is written on.

      Pandemic or no pandemic, you can't enforce that clause in any meaningful way and there is nothing reasonable to sue for if the tenants do refuse to allow viewings.

      Comment


        #18
        Much better to wait until property is empty so you can ensure it is shown in its best light. Also gives you time to do any maintenance.

        There is no shortage of tenants at present so just wait until your tenant has gone - in this day and age there is no guarantee they will go when they say anyway!

        Comment


          #19
          A court would have to balance your contractual right against the tenants right to quiet enjoyment. Given the covid situation, I believe they would side with the tenant. Even if you won, you can only sue for your actual (not theoretical) loss, unless for example you can prove that you had a new tenant already under contract that was lost due to the existing tenant's breach of contract.

          Comment


            #20
            The tenant could allow viewings and tell the viewers ' I think I might have covid, but you can come in anyway because the landlord said they will sue me if I don't allow viewings'.
            There's no no breach of contract there, and I'm sure you can't show that it would be better than having no viewings until they have left.

            Comment


              #21
              Hi All,
              Since in-person viewings are refused by my tenants, I figured I need to find solution to minimise my losses.

              A virtual viewing - 3D walk through could be helpful to get prospective tenants. I have asked my current tenant to give access to professional photographer. T is being very rude and un cooperative, he has denied access to photographer last week, again citing covid risks.

              Covid infections have sharply fallen and I think it is unreasonable for tenant to expect that I will be okay to suffer loss of hundreds of pounds. On Friday, I asked my new agent to get in touch with tenant and deal with them.
              Tenant came back saying that their details were shared without consent and that I broke GDPR laws.

              I am at a loss here. Did I break any laws here?
              Also isn't it legal to take minimum steps to get property rented, surely just one person accessing the property should be acceptable;?



              Comment


                #22
                Your tenant doesn't have to be reasonable.

                There's nothing short of a court order that will compel the tenant to allow someone to enter.
                And as your contractual right is to allow viewings, there's no basis to allow a photographer in, anyway.
                And - https://www.bbc.co.uk/news/technology-56718046

                Sharing the tenant's details with another company is probably a breach of GDPR - it depends what your data protection policy is and what you told the tenant when you collected their data.

                None of this changes the "fact" that advertising a property before you have possession of it isn't the best idea anyway.
                Viewing a property with someone else's stuff everywhere is never the best look.
                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


                  #23
                  I assume the tenants are moving to a new place? I assume that they were happy to take the risk of entering another's home to view it. I suppose it could have been empty but I have seen it before where a tenant is happy to take the risk if there is a gain for them, but if there is no gain then C19 is raised in defence.

                  Comment


                    #24
                    So you lose some money or they potentially lose their lives or suffer debilitating after effects. If you want to risk your own health for a few hundred quid then go ahead, you can't expect other people to. People have different views on what is or isn't safe and you should respect their decision. If you advertise it I think you can you can use photos as long as you make it clear they may not reflect the state? Then update the ad when you have access.

                    Comment


                      #25
                      You could ask the tenants to take some pictures for you although as you seem to have basically ignored their worries and tried to bully them into having people in the house I'm not sure they'd feel willing to help.

                      If you have provided their personal information to a photographer without their consent then it's likely that's against the law and they could complain to the ICO or take action against you.

                      You are very concerned about your own issues and seem to value this over everything else, tenant wellbeing included.

                      If only you had been understanding from the beginning you might have been able to find a compromise but I think the way you've acted has probably made that impossible

                      Comment


                        #26
                        what could be a compromise, pls suggest.

                        Comment


                          #27
                          I think it's fair to say you've burned any goodwill you had, so a compromise wont be possible, or easy anyway. Sit tight and wait for them to leave if I were you

                          Comment


                            #28
                            Originally posted by LL_LonST View Post

                            what could be a compromise, pls suggest.
                            Well they could have taken photos for you, as an example.

                            I was more explaining that if you'd tried to work with them from the beginning instead of threatening them it might have led to a situation that worked for both them and you.

                            Comment


                              #29
                              Offer them rent reduction & excellent written reference (if they deserve it) for whatever benefits you wish to list.

                              A sensible tenant would, IMHO, want at least 50% off.

                              If you'd started like that you probably would have got away with 1/2 that...
                              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


                                #30
                                You have no idea what state the property will be in when they leave and whether you will need a few days to get repairs done. In my view it's unwise to try to go for no time between tenancies, especially if the tenants don't leave when they're supposed to.

                                Comment

                                Latest Activity

                                Collapse

                                • Reply to Landlord demanding improvements
                                  by Jon66
                                  When there are issues surrounding communication between landlord and tenant, the best approach is to say put it in an email and we'll respond accordingly. Refuse to enter into a discussion. Your answer should always be put it in an email.

                                  Just for future reference, when you have an inspection...
                                  22-06-2021, 22:37 PM
                                • Landlord demanding improvements
                                  by insideoutcroissant
                                  We are the tenants, we’re in England on rolling tenancy after 12 month AST. We’ve been here almost 2 years. We pay a not insignificant amount in rent (over 20k pa). Apologies this will be long. *edit to add we’ve never ever paid late.

                                  Since day 1, the letting agents have treated...
                                  22-06-2021, 15:01 PM
                                • Reply to County Court Bailiffs 1 June
                                  by Perce
                                  Hello All

                                  My tenant declared he feels unwell that is why he is not looking for another accommodation. What happens if bailiffs come and he will say he feels unwell ? I think I will have a problem with him on the day of the eviction. He won’t move. He decided that because he feels unwell...
                                  22-06-2021, 21:30 PM
                                • County Court Bailiffs 1 June
                                  by Perce
                                  Hello

                                  I have a warrant for repossession, the ban is over tomorrow. How long does it take to hear from the County Court Bailiffs ? 1 week ? 1 month? What is the process ?...
                                  31-05-2021, 11:30 AM
                                • Reply to Tenant requesting rebate of rent after section 21
                                  by ash72
                                  Tell the T you will pay the 11days if they pay your 2months rent.... I'm sure the T wont bother. Just be glad you didn't have to pursue the matter through the court etc, and move onto with the next T.
                                  22-06-2021, 21:24 PM
                                • Tenant requesting rebate of rent after section 21
                                  by Redrufus63
                                  Can you help. I served a section 21 which finished in April however tenant didn't move out until 2 months later. She didn't give me notice in any way b4 she lefy and told me eventually she was moving out 2 weeks b4 she went. She is now saying I owe her a rent refund for the 11 days when she wasn't there...
                                  22-06-2021, 19:57 PM
                                • Reply to Section 21 Notice only or S8 also
                                  by buffalo747
                                  ash72.....It's only recently I found out I'm covered for legal expenses and yet to send information that my paperwork over the last 15 years is all in order for them to represent me in pursueing the matter and not for them to reimburse me for the loss of rent. I have until October before I can do anything...
                                  22-06-2021, 20:43 PM
                                • Section 21 Notice only or S8 also
                                  by buffalo747
                                  Two weeks ago I issued my tenant with a S21 notice allowing just over 4 months to vacate. The tenant is already nearly three months in arrears and if I have to apply to the court for possession then baliffs perhaps, the tenants debt could easily be over £10K. The NRLA advice said that rather than issue...
                                  22-06-2021, 13:00 PM
                                • Reply to Landlord demanding improvements
                                  by mokka
                                  A landlord demanding improvements bugger me lol...
                                  22-06-2021, 20:39 PM
                                • Reply to Landlord demanding improvements
                                  by ash72
                                  If the property is in poor condition, T's now have the right to move without any fees, your on a Periodic tenancy I would had in my notice and find a better property/agent. There are plenty out there so the choice is yours....
                                  22-06-2021, 18:07 PM
                                Working...
                                X