New flat tenants. Where do I stand.

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

    New flat tenants. Where do I stand.

    I am new to single flat lettings, I have been an HMO landlord for 15 years though (4x Licensed)

    New tenants moved in two weeks ago.

    They seem pleasant and polite, referenced well.

    It is a landlady with 2 lodgers, she has signed a 12 month NRLA AST.

    It is a ground floor flat, 2 rooms at the rear, each with a door directly out into the garden.

    I supplied floor mats and placed them by each door, to help catch any dirt from the garden, the property is brand new with new carpets.

    I have been in and out finishing off some tasks, and I noticed one of the mats had been thrown out onto the patio being rained on.

    I emailed the head tenant/landlady and advised her that I would be fixing the mats down to the floor, and that is where they should remain.

    I stuck them to the floor using industrial strength foam tape.

    I go in today and find both mats have been ripped up, one Thrown back out onto the patio, and one laid in the hall, with of course the adhesive from the foam tape all entwined in the nice carpet I installed. I felt I couldn't leave it like that, so pulled it up, spent over an hour removing the adhesive from the carpet, and the same from the back of the matt, which is still not clean yet, and sitting in my workshop.

    They have also turned off the fans (at the DP isolator SW) in the ensuite bathrooms, these are windowless rooms and really need a flow of air, I installed good quality Humidistat and timer Xpelair fans, so quite quiet. I am concerned the bathrooms will go mouldy if no air circulates. It as a Building Control requirement. I turned them back on when I left.

    They've started hanging pictures and stuff on the walls, I did advise a few days ago that I would be more than happy to hang stuff for them

    Where do I stand with this.

    Seems a bit unreasonable of them to Rip up the mats. Surprised they are not working with me on such a small issue. I should have inlaid coir matting at the doors into the floor, but too late now I guess.
    I've photographed everything (with her signature on the back of each picture) and have a schedule of condition and inventory.

    Any thoughts appreciated.

    #2
    Putting aside the potential minefield of 1 tenant with 2 "lodgers" , to answer your question just leave them alone and worry about it at check out.

    Comment


      #3
      What Lesney said.

      Regarding the fans, what I do is connect both sets of wires to the same side of the switch. Then the switch becomes a dummy.

      Comment


        #4
        As said, i would leave them alone. you will not win with them...... but i do see trouble ahead with what they have done already, the isolation of the fans is worrying given (as you say) the need for air to circulate, if (sorry when) the room gets moldy i can see a claim of disrepair coming in.

        Comment


          #5
          The lodgers are 'Excluded Occupiers', with no tenancy rights, so can't see anything ounerus in the arrangement, unless I'm issing something.

          Just been informed that Isolator Switches are not a Regulatory requirement, so will either remove them or have some lockable form of isolator.

          Is it too late to get an independant Schedule of Condition, I understand these stand up better, than one the landlord performs.

          Comment


            #6
            Originally posted by bob369 View Post

            Where do I stand with this.
            Out of your depth?

            Learn for next time.

            Comment


              #7
              Originally posted by bob369 View Post

              Just been informed that Isolator Switches are not a Regulatory requirement, so will either remove them or have some lockable form of isolator.
              I believe they are a regulatory requirement. Hence, my suggestion above to turn them into dummies. Then to a casual observer, (electrician doing an EICR inspection), everything complies.

              Comment


                #8
                Originally posted by bob369 View Post
                Any thoughts appreciated.
                It's a good job you're experienced with HMOs because this is now an HMO - three people in more than one household.
                Getting a flat to meet HMO regulations isn't easy.

                There's a basic difference between managing an HMO with a split between separate rooms and common spaces which you, typically, as the landlord/manager, can enter and change.
                This is entirely the tenant's home and your rights to, for example demand that mats are kept in place, are much more limited.

                The tenant has to return the property in the condition they acquired it (less reasonable wear and tear) and it would be sensible to point out that what they're doing might make that impossible or more difficult, but controlling how someone lives in the property isn't really possible.
                You have the fairly blunt tool of eviction if how someone lives isn't acceptable to you and that's about it.
                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
                  Not sure why you entertained from the beginning subletting, I trust you did an inventory of the property prior to them moving in, and hope your going to do interim inspections. Seems like within 2 weeks of them moving in your already having communication problems and issues.

                  Remember while the tenancy is in place it is their home, not yours, how they live is up to them. If you continue to keep going it may be classed as harassment even though you are "fixing things".

                  Comment


                    #10
                    Learn for next time.
                    Yes I'm aware single lets bring different challenges, so am treading carefully - as long as the long term outcome is positive, ie they pay the rent on time, and are not antisocial I will absorb as much as I can.

                    I am aware its different to an HMO, they have gone around decorating the property and making it a home, which is nice for them - I worry for them though about Checkout time (repairing the damage done by self adhesive cheap plasticy mirrored wall tiles from one wall they have adorned is not going to be pretty).

                    I want there to be a level of trust, and that seems to be in question a little bit, they seemed to have worked against me regarding the matts, its a minor issue - and know I am impotent in where they are placed. (I should have permanently inlaid them, leasons for next time).

                    this is now an HMO
                    Everything complies with the Managament of Houses In Multiple Occupation 2015 legislation, with additional guidnace from a FRA from a certified Assessor.


                    it would be sensible to point out that what they're doing might make that impossible or more difficult.
                    I presume there is no duty on me to inform them that they might be damaging the property and deductions will be made at tenancy end.

                    but controlling how someone lives in the property isn't really possible.
                    Now they have ripped up the matts, its probably sending me an unspoken message, its lost me a bit of trust in them unfortunately - but to engage with that might bring rise to tensions (who's right who's wrong sort of situation), which I wish to avoid - I feel they can just get on with it now and we deal with it through the deposit at tenancy end.

                    Remember while the tenancy is in place it is their home, not yours, how they live is up to them. If you continue to keep going it may be classed as harassment even though you are "fixing things".
                    Because the Tenant wanted 2x lodgers it meant it became an HMO, and the tenant and her lodgers wanted to move in ASAP, which has resulted in a lot of additional work being done to make it compliant whilst the tenant is in the property, she agreed to allow that to happen in that order and manner.
                    I really didn't want to be in there and noticing this stuff, out of sight out of mind so to speak, I finish most of the works today, and that will be it.
                    I took hundreds of photos - and had them all signed, along with an Inventory and Schedule of conditions.

                    It will be a new journey, and set of experiences to learn from, with me adapting to this type of Tenant/Landlord relationship. In theory a single let should be less high maintenance than an HMO with 4/5 tenants, but time will tell.

                    Comment


                      #11
                      I've just discovered all 4 internal fire doors have been wedged open with cardboard, and a pile of cardboard and plastic packaging in the hall way (the Escape Route) this is blatantly against the Regulations, but who's responsibilty does this fall to, do I have a responsibility to remove the cardboard wedges, and shut the doors, or is that interfering, who's responsibilities dos this fall too, now I've seen it - do I leave it or take action to remove the infringement.

                      Comment


                        #12
                        Do you live there? If not it's not your business what they do!!!!

                        Comment


                          #13
                          Thread after thread about your 3 person is-it-or-isnt-it-HMO. You've got yourself in a right pickle with this. For everyone's sanity please could you please start again without this subletting shenanigans and just let it to a family with 2.4 children. Strewth

                          Comment


                            #14
                            Originally posted by bob369 View Post
                            I've just discovered all 4 internal fire doors have been wedged open with cardboard, and a pile of cardboard and plastic packaging in the hall way (the Escape Route) this is blatantly against the Regulations, but who's responsibilty does this fall to,
                            You need to make it clear that the tenant is the person who is managing the HMO and that you are simply letting the place to them to operate their HMO.
                            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


                              #15
                              jpkeates,

                              Sadly that may not entirely let the OP off the hook. An RRO citing him may still possible; the insurance could also be an issue and there are instances of Councils succeeding in fining superior landlords for licensing breaches where the courts are convinced there was some collusion and the arrangement was an attempt by the superior landlord to avoid liability.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X