issues with tenant

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

  • issues with tenant

    I have had a tenant in a property for nearly 3 years. She has had some mental health issues, and on the whole has been a good tenant. Today, however, I visited the house to find the gardens completely overgrown (the back garden had lots of bird food on the floor, which I am worried will encourage vermin), the house was a complete mess .. rubbish everywhere, very unclean, cat litter tray in hallway, house totally smelling. I feel that house is not being kept to the standard I want. I am also worried about the tenant's ability to keep it in good order. I have not put the rent up since she moved in and looking at what rental values are like feel that now is the time to increase the rent up to its local value. I have a few questions - (1)what rights do I have to tell the tenant about my expectations relating to the interior of the house (i.e kept clean and tidy and rubbish out as it is a fire hazard), (2)we provide her with garden tools ... can I expect to keep the gardens up to scratch (3) do her mental health issues affect any of her responsibilities? (4) if she has support workers/agency helpers - what expectations should I have of them? (5) are there any limitations on how much I can put the rent up by?
    Any help in this would be really appreciated. to be honest, I am in complete shock at the state of the place.
    Thanks

  • #2
    In relation to (5) there is no limit to which you can raise the rent, although there is a fair rent tribunal through which the tenant would have to drag you if they considered your increase unfair. I believe 2 months written notice is required and it must be a rent day for increase - eg. if they pay on the 5th of every month then the rent goes up on the 5th of a month.

    Comment


    • #3
      Originally posted by tomcat
      (1)what rights do I have to tell the tenant about my expectations relating to the interior of the house (i.e kept clean and tidy and rubbish out as it is a fire hazard)
      The same rights as your tenant coming to your home and demanding you instigate her preferances of homekeeping.

      Comment


      • #4
        I guess it sounds like I want to dictate my standards onto her. I don't .. I am just concerned as the house is getting full of old papers, carrier bags, etc. Last year she burnt the carpet with a candle ... if she did that this year, I'm worried the whole place could catch fire because of all the rubbish. As a landlord, can't we have expectations that the house is kept clean, and well looked after? After all is she leaves or is asked to leave, who foots the bill to get it back to the good condition it was in when she moved in?

        Comment


        • #5
          Originally posted by tomcat


          I have eliminated the unneccessary from your post.


          (1)what rights do I have to tell the tenant about my expectations relating to the interior of the house (i.e kept clean and tidy and rubbish out as it is a fire hazard)

          Zero, in my opinion. As long as the property is returned to you in a reasonable condition, then the period in between is up to the occupier. Personal standards of housekeeping is just that, personal and individual standards. If she wants to live in a tip, so be it. As long as it is tidy when the property is returned to you, so be it. If there, for example, was a fire, and her standards of housekeeping were to blame, then she would be liable. Whilst I do not believe that her housekeeping methods are your business, and do not think that you have a right to force her to change them, it may well be worth keeping a record of the standard of the property, to ensure if the worst does happen you do have grounds to blame her under. This is good advice regardless, as it can help you under eviction issues etc.


          (2)we provide her with garden tools ... can I expect to keep the gardens up to scratch

          Same as above. Unless you have specifically stated in her tenancy agreement that she must maintain the gardens, then as long as they are sorted by the time you have the property back, then she can do what she wishes.


          (3) do her mental health issues affect any of her responsibilities?

          No. Whilst I understand your concern, mental health issues are an illness, and any attempt to enforce extra responsibilities because of this, is the same as trying to enforce responsibilites due to any other illness, for example cancer or anything else. It makes no difference....mental illness is just that....an illness, and you should not discriminate against it.


          (4) if she has support workers/agency helpers - what expectations should I have of them?


          None. They are not the tenant, they have zero responsibility.


          (5) are there any limitations on how much I can put the rent up by?
          Any help in this would be really appreciated. to be honest, I am in complete shock at the state of the place.
          Thanks
          I am sure someone else will answer number 5. Hopefully the rest of the answers may help. However, I would urge you not to feel "put upon" by or discrimate against this tenant, you took them on knowing they had some mental health issues. I personally(although I must stress, this did not affect my answer...my answer is common sense) feel very strongly on the subject of mental health issues, and you seem to be assuming a lot based upon the tenants mental health issues.
          I
          Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

          Comment


          • #6
            Originally posted by tomcat
            I guess it sounds like I want to dictate my standards onto her. I don't .. I am just concerned as the house is getting full of old papers, carrier bags, etc. Last year she burnt the carpet with a candle ... if she did that this year, I'm worried the whole place could catch fire because of all the rubbish. As a landlord, can't we have expectations that the house is kept clean, and well looked after? After all is she leaves or is asked to leave, who foots the bill to get it back to the good condition it was in when she moved in?
            Apologies, did not read the second post until after my previous post! It almost goes without saying that the tenant is reponsible for getting the property back to that condition(apart from fair wear and tear). But in the meantime, it is to all intents and purposes her property, and quite frankly what she does with it in this meantime, as long as she pays the rent promptly, is none of your business!
            Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

            Comment


            • #7
              Dear tomcat - I had a similar case to yours. Although not quite so bad, and I can understand your worries. I asked the solicitor on the landlordlaw web site and she confirmed what the other forum members have been saying. That basically once you have let a place you cannot insist on your standards of housekeeping. But in your place I would be equally concerned. When she does leave it would be up to her to pay for bringing the place back to the standard let to her. However from what you say she may well not have the will to do this. And your property in the meantime will get worst. I think as you are so worried I would contact evoiromental health and your tenancy relations officer at the council and have a chat with both of them. Also if you know her support workers contact them as well with your concerns. They may not be able to do anything, but if her mental state is getting worse, they should know. Hard as it seems I would work on asking her to leave, as from what you have told us, the situation is not going to get any better. If you do want to put up the rent it will depend on when her AST is due for renewel. You can always put up the rent when offering a new one. It is then for the tenant to decide whether they want to take the tenancy at the new rate. Best of luck Susan

              Comment

              Latest Activity

              Collapse

              • One tenant moving out and two remaining - who pays for the checkout/inventory?
                IoIo
                Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England

                Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Three people all listed as the Tenant under the agreement

                Q3 – What date did current...
                26-07-2017, 16:38 PM
              • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
                mariner
                'The Tenant' (all 3), can vacate at end of fixed term with no Notice. If remainers sign a new AST to commence after fixed termpref naming new joint, this sould replace original AST. Deed of Surrender is 'belt & brace'.

                If incomer signs a Deed of Assignment they only inherit the term...
                28-07-2017, 00:28 AM
              • Lease extension
                chrisco
                Hi All, I have approached the freeholder on an informal basis to extend the lease of a flat I own as a rental. He has come up with reasonable price for the premium to extend to 125 years from now but wants to double the ground rent every 25 years (from £80 to £160 p/a initially). My solicitor has...
                27-07-2017, 23:59 PM
              • Reply to One tenant moving out and two remaining - who pays for the checkout/inventory?
                DPT57
                I think the problem may be that they are not really 'moving out'. There is a long thread elsewhere on the forum that may be of interest. Although unresolved, it suggests that if some of them don't move out then an SPT will arise automatically for all of them. I really don't want to restart that discussion...
                27-07-2017, 23:18 PM
              • TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
                alenuk
                Dear All
                Going through some changes...
                I am just going through divorce that need to be Absolute in approx 2 months.
                Also have just left work after 8 years...really need new challenge as they said.

                I do have one buy to let property in London that have been renting for approx...
                25-07-2017, 14:05 PM
              • Reply to TO SELL OR (VS) TO RENT ? 91 Years Lease Flat In London...
                DPT57
                The Leasehold Advisory Service has an online lease extension calculator that should give you a rough idea of the cost.
                27-07-2017, 22:47 PM
              • Extremely anti-social and criminal tenant -Section 8
                BouwensPB
                I have an extremely anti-social and criminal tenant. My neighbours think she is possibly a sex worker and drugs abusing and dealing. She has made a witnessed and CCTV sited assault on one neighbour and has verbally abused others. 3 crimes have been reported and the local authority talk about making...
                26-07-2017, 16:09 PM
              • Reply to Extremely anti-social and criminal tenant -Section 8
                Galatea
                I have experienced far more dificult cases than that from my neighbour's tenants with my front window and my flat door window cracked.

                Make an offer she cannot refuse. Carrots work better.

                Local Authorities are slow moving because shortage of housing is a problem.
                27-07-2017, 22:25 PM
              • Burglary Damage - Who Pays?
                Pb21
                Our rented flat was broken into, in the process the Yale lock was broken and cost £100 to repair. The landlord is refusing to pay this on the basis we didn’t also lock the door with the mortice lock. We didn’t use the mortice lock as it wasn’t working although the landlord did not know this....
                25-07-2017, 11:40 AM
              • Reply to Burglary Damage - Who Pays?
                Galatea
                Since the Yale was broken it proves the tenants took responsible measures for the security: they locked the door.
                The yale is necessary for security. It is sufficient and safe to use in case of a fire because you could get out quickly operating the lock with the thump ie you don't want to be looking...
                27-07-2017, 22:13 PM
              Working...
              X