Abusive Tenant

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    Abusive Tenant

    To set the scene, I have had problems with this tenant from the start of the tenancy.

    Yesterday she reported a repair to the back gate & damp / mould to a bedroom ceiling.

    I asked our handyman to visit the property asap. He went the same day, he knocked, she was in the house, but tenant did not open the door.

    This was reported back to me so i sent a text saying he would be there this morning, if not convenient let me know. no reply.

    He attended this morning with a BRAND NEW GATE to be met with a torent of abuse & swear words about me the Ugly B*****D & how i should get off my fat a**e, & how the gate was not good enough, and the house was terrible etc....

    The handyman said he was not prepared to listern any further, did not rise to the bate, got his tools together & left.

    He is not prepared to return.

    My question: i am going to giving her notice, what should i do about the repairs?

    whoever goes might be met with worst abuse post notice!

    #2
    Obviously caught her on a bad day!

    All you can do is keep an accurate written record, with copies of texts/emails/letters of your attempts to carry out the repairs and your T's behaviour when the HM came round. Write to her again (keep certificate of postage) saying you are dismayed by the way she responded to your HM and that she should contact you if she is willing to allow access and be civil to another tradesperson or yourself, to arrange a date and time. Then the ball's in her court.

    If she continues to refuse to co-operate, I wouldn't bust a gut - even if (worst case scenario) she reports the mould issues to the EHO, you will be able to demonstrate that you have done what you reasonably can to gain access and work with her to fix the problems. It is not as though the reapirs are life and death gas/elec stuff, after all - I do not see how you could do more, and I agree that nobody should have to put up with abuse like that. (Perhaps she is shortsighted and mistook the HM for her ex or something?! Perhaps the HM is her ex!)

    In the meantime, get that notice in the post to her as soon as you are able.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      You have absolutely no legal obligation under S.11 Landlord & Tenant Act 1975 to repair a gate, but might under Health & Safety legislation should it be dangerous not to have it done.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

      Comment


        #4
        Originally posted by Paul_f View Post
        You have absolutely no legal obligation under S.11 Landlord & Tenant Act 1975 to repair a gate, but might under Health & Safety legislation should it be dangerous not to have it done.
        OP is not unwilling to have it done; she just wants to know the score if T refuses access or makes it so unpleasant that it's unreasonable to continue requesting it.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          If the gate's part of the rental property, it's a structural element and I'd think LL *is* responsible for its repair.

          Comment


            #6
            Take the gate off. Make her do without one.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              Originally posted by lizzi View Post
              Yesterday she reported a repair to the back gate & damp / mould to a bedroom ceiling...

              My question: i am going to giving her notice, what should i do about the repairs?
              As MTG says, keep a record. Create a paper trail. Grit your teeth and write in formal terms to T. Note T's unaccountable refusal to give access following her report of disrepair, (which you are keen to remedy), and the regrettable abuse experienced by your contractor, and request she contact you to arrange a more convenient time etc. Write every 2-3 weeks, each time mentioning the failure to reply to your previous letter dated X. Keep copy letters and get free certificates of posting.

              The paper trail will serve to cover your back should T later falsely allege that you failed to comply with repairing obligations (not relevant in the context of a s.21 possession claim, only to a s.8 application; however, you never know, she may report you to the EHO, so just make sure you've covered yourself).

              Comment


                #8
                Originally posted by westminster View Post
                If the gate's part of the rental property, it's a structural element and I'd think LL *is* responsible for its repair.
                If you mean S.11 obligations then a gate is not part of the 'dwelling' if it is an entrance to the grounds of a property such as a garden gate or general thoroughfare; I took legal opinion on this point.
                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                Comment


                  #9
                  Originally posted by Paul_f View Post
                  If you mean S.11 obligations then a gate is not part of the 'dwelling' if it is an entrance to the grounds of a property such as a garden gate or general thoroughfare; I took legal opinion on this point.
                  Thanks for clarifying, Paul_f.

                  Comment

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