Tenant wants to replace fixtures/fittings but wont accept payment

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    Tenant wants to replace fixtures/fittings but wont accept payment

    Hi there Ive been letting out a flat for 7 years now and earlier this week I experienced a telephone conversation that Im not used to from a tenant. He's new and has been in the property for about a month and he asked if he could change carpets and lino in the bathroom, kitchen and hallway.

    I agreed but I said that would like the receipts and will pay the costs, he said that he wouldnt accept any payment as he is requesting the changes.

    This obviously sounds good but it made me think whether it gives him any legal grounds if any problems arose and I had to end the tenancy.

    Can anyone help me with this? I maybe being a bit over cautios but I just wanted to make sure before he goes ahead and purchases anything.

    Many thanks
    Spence

    #2
    If he pays for them, they are his, and legally he could take them with him when he leaves!

    I would never allow a tenant to do any work like this in my property. Even if he does not attempt to remove them when he moves out, you have know way of knowing what the quality of the carpet/lino will be, or how well it will be fitted. I would refuse, and if you feel that replacements like this are necessary, arrange and pay for it yourself.

    Comment


      #3
      Many thanks Lesley.

      Are these the only pitfalls that you know of for this or are there any others?? ie. the tenant having rights not to move out.

      Spence

      Comment


        #4
        I am fairly sure that a tenant chosing to invest their own money in improvement to your property does not give them any additional rights should you choose to evict them.

        However, this could just be the start of the tenant's DIY activities and I would still be very wary of letting them do any work without your input and control. Also, if they fit new floor coverings, they will not be part of your check-in inventory, so at the point of moving out, should there be any damage above normal wear and tear, you may have difficulty with any deposit claim.

        If you do agree to tenant carrying out this work, put in writing that you have accepted their offer to replace the flooring at their cost, otherwise they could get difficult when they leave, if you need to claim for any other damage, ie "but I've paid £xxx.xx for new carpets etc, that LL agreed to, so we are quits"!

        How old are the existing carpets etc, are they in need of replacement? Were they good quality and professionally fitted? Tenant may buy cheap stuff and not fit it properly, so once they leave, you'd have to do it all again anyway!

        Comment


          #5
          Originally posted by LesleyAnne View Post
          If he pays for them, they are his, and legally he could take them with him when he leaves!
          Legally, they are fixtures and will belong to the landlord; not that that will stop the tenant removing them. Best for the OP to agree the changes and in the consent set out for the avoidance of doubt that the tenant will leave them in position; not that that will stop the tenant removing them.

          Comment


            #6
            Get your own tradesman to do the work, and bill tenant for whatever you agree is appropriate. That way at least, you know the jobs are done properly, and will not be taken apart when the tenant leaves.
            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
              How long is his tenancy for, and does he intend to leave them in situ when he departs?
              He doesn't get any extra "rights" in staying in your property by doing what he proposes.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                If you do agree to T changing the flooring, make it conditional on you agreeing on the choice of flooring materials and on the work being carried out by a contractor you have approved (otherwise, worst case scenario, purple nylon carpet fitted by an amateur/dodgy contractor who also causes damage in the process). And, as Lawcruncher says, ensure that the T agrees not to remove the new flooring.

                Comment


                  #9
                  Hi Guys, thanks for all the responses.

                  In answer to some of the questions - Ive agreed over the phone colours and types of flooring so Im ok with that. The existing floors need replacing so Im happy with T changing them. Im going to get him to sign that he has changed at his cost as recommended by LeslieAnn. And Im going to visit the property 1 week after the work has commenced - I live a distance away.

                  Thanks again for all your input. Muchos Gracios!!

                  SPence

                  Comment

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