Compensation from Tenants

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    #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.

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            #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

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                        #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

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                            #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.

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