A question on Carpets

[Rocket1971]

Hi All,
I am renting out a 3 bedroom property.

I have recently had the carpet in one of the bedrooms (nothing wrong with carpet apart from colour and flooring) (previously carpet now boarded out and changed for a decent lino) in one of the bathrooms renewed costing £400.00.

The tenants who took the lease from 16.02.15 asked if they could do freshen up the paint work to which I agreed, whilst doing so in one of the bedrooms they have removed a perfectly good carpet. My carpet fitter has since informed me that the carpet is currently on the landing and does not look like it will be going back down as well as various paint splashes on the stairs, landing and other bedroom carpet which he thinks was intentional so they can say the carpets have paint on and need replacing.

The tenants have asked if the carpet can be replaced on the stairs, landing and remaining 2 bedrooms with something more expensive than what I have paid for and also if I would contribute.

The carpet was fine if anything a professional clean was needed, they did view the property prior to agreeing to rent it and made no comments about wanting to replace all the carpet upstairs nor a contribution from me.

My carpet fitter has estimated approx. 900.00 - 1100.00 for the new carpets. I am reluctant to offer more than £150.00 towards this.

Can anyone advise what they would do if you have been in a similar situation, if they get funny about it I can give notice albeit 2 months as there were another 3 people who wanted to rent the property so would get it filled again easily.

Thanks in advance

[jpkeates]

How long is the assured part of any AST?
Is the letting furnished or unfurnished?

[Rocket1971]

It is a unfurnished let - carpet and flooring already there and in good order, not worn or anything
I am a accidental landlord so new to this where on the AST do I find the assured section - sorry if this is a dumb question

[Interlaken]

Golden rule - don't let tenants do decorating or repairs (unless you know they are professional at the job) - it always ends in grief IME.

[Rocket1971]

thank you Interlaken - they asked if they could touch up paint work where there were some chips from the last tenants that left I agreed not thinking there was something underlying.

The AST is for 12 months but am I right in saying I can give notice to them should they become a complete pain in the posterior?

[jpkeates]

It is a unfurnished let - carpet and flooring already there and in good order, not worn or anything
I am a accidental landlord so new to this where on the AST do I find the assured section - sorry if this is a dumb question

Normally a tenancy agreement will be for a period and then become monthly unless another agreement with a fixed period is agreed.
Standard lengths for the fixed period are usually 6 or 12 months (but can be longer or shorter).

Within that fixed period (if there is one) you can only give the tenant notice to end on or after the end of that period.
So if it was initially a 6 month term, even if you give the tenant notice tomorrow, the earliest it can be effective is 15th August.

[jpkeates]

The AST is for 12 months but am I right in saying I can give notice to them should they become a complete pain in the posterior?

No.
They're your tenants until 15th February next year, unless they do something very wrong (like not paying rent) or they agree otherwise.

[ram]

Do not replace the carpets, do NOT allow them to repaint, do NOT allow them to do any repairs or changes to your property.

You MUST now make this clear that no changes are allowed, and that they have already ruined the carpets and you will be invoicing them for the replacements shortly.
When they don't pay when they leave at the end of the term, Make sure you get a validated new address, and if not, then follow the removals van.
These people must go. Make sure you issue an S21, 3 months before the end date of tenancy, to move out.

You get a quote to replace the damaged carpets to the previous standards, Pro forma invoice them ( payment in advance ) and payable within 60 days.

You will have difficulty getting the cost of the carpets from them, hence asking for payment in advance.

[jpkeates]

I wouldn't go quite that far yet, but you either have tenants much less familiar with renting than the OP or much more familiar.

They've damaged the carpets and offered to replace them.
If the replacement is to your satisfaction, tell them you'll arrange to have it done professionally and they'll simply have to pay for it.
Don't do it until they pay.

While it's unfortunate that you're an accidental landlord, it's a little like being an accidental parent.
You still have the same rights, obligations and issues as if its something you've always dreamed about, it's not an excuse for doing it badly.

[Rocket1971]

Normally a tenancy agreement will be for a period and then become monthly unless another agreement with a fixed period is agreed.
Standard lengths for the fixed period are usually 6 or 12 months (but can be longer or shorter).

Within that fixed period (if there is one) you can only give the tenant notice to end on or after the end of that period.
So if it was initially a 6 month term, even if you give the tenant notice tomorrow, the earliest it can be effective is 15th August.

once of the documents says the following AST - Fixed Term
name of tenant/name of landlord
date of expiry 15.02.16
notes:
a. on or after coming to the end of a fixed term assured shorthold tenancy a court must make an order for possession if the landlord has given notice in writing
b. where there are joint landlords, at least one of them must give this notice
c. the length of the notice must be at least two months, and the notice must be given before or on the day on which the fixed term comes to an end

[jpkeates]

You can normally give notice anytime you like, but the earliest possible effective date is 15th February 2016.
In your case, you can't, see below.

You can both agree to end the agreement - but it has to be mutual.
There are a limited number of other grounds that would allow you to go to court to ask the court to bring the tenancy to an end, but they are limited and (oddly) relatively easy for a tenant to defend against.
Being a pain is not grounds for such action (although breaking the terms of the tenancy agreement is a possible ground).

The notes in that agreement make absolutely no sense at all.
a. It is not possible for a contract to compel a court to do anything. Nor is it realistic, the notice would have to be in writing and valid and this is actually impossible because of point c.
b.That makes a bit of sense, but the optional notice has now become mandatory if there are more than one landlord. I think it's trying to say that only one of multiple landlords can give notice, but the drafter has neglected to consider that less than one landlords is no one.
c. This is actually really unhelpful. It means you are only able to give notice on two specific days (in your case the 14th or 15th of February 2016) and has to then have two month's notice. Luckily, after this legislation saves you and you can give notice once the Assured Period is over.


While we're on the subject - if they paid a deposit have you protected it with an appropriate agency and given the tenant the "Prescribed Information"?
If you don't do that within 30 days of receipt you'll have difficulty giving notice at all.

[Rocket1971]

Thank you , just so I understand the bottom line is I cannot give notice until 14th or 15th Feb 2016?
I have registered the deposit with tenancy deposit scheme and notified the tenant of the reference number and will be sending hard copies of the certificate and other documents in the post which I hope is correct.

I was going to say the following with reference to the carpets:

If you want to replace the carpets you can but I can only offer £150.00 towards the new carpets (had the carpets been worn, thread bare etc I would have replaced them anyway but not the pricier option that she is asking for)
If you go ahead with the replacement can you confirm when the AST is up what you plan to do with the carpets that you have mostly paid for, if you intend to leave them in the property then fine but if not then the carpets you have taken up will need to rolled and stored so that they can be re-laid when you have left and removed your carpets.

[jpkeates]

To be honest, I'd ignore the notes at this point. As it stands, no you can't actually give them notice (which I think equates to "serving" notice, because that's what it should say, "give" not making a lot of sense there) until those specific dates.
By then, you'll have resolved the carpet issue and will either want to issue notice sooner, to expire on 15th February or be happy for them to stay.

I wouldn't (personally) say that about the carpets.
I wouldn't offer to pay anything and I would explain that they are responsible for the flat being returned in the same state as it was when they moved in.

If they have removed or damaged any of the carpets, normally the suggestion would be that you will replace it if they agree to pay you for the replacement.
You will have the carpet fitted to your level of satisfaction.
If you want to be nice (which I do not personally recommend, but recognise its an option) you might be prepared to allow them to choose the carpet (bearing in mind that it's a rental property and you don't want anything difficult to rent or maintain) as long as they're paying for it.
However, you should be aware that this will cost you money. Them paying you for the carpets is income and you paying for the carpets is probably not tax allowable income. So you will pay 100% tax on the amount the tenant pays you for the carpets.

If you allow them to replace them at their cost, you should ensure that the work is done by someone you approve of and the carpet is appropriate for a rental property). Normally the rule is that tenants must do no decorating or carpet installation, but carpets can be a costly thing to d

Your best option may be to simply say no to replacing the carpets at all and replacing them when they leave.

[Claymore]

Noticing that you are a new landlord - have you protected the tenants deposit and served the prescribed info?

If you haven't, please cover yourself and get this done immediately. You only have 30 days in which to protect the deposit from the date of receiving it.

[Rocket1971]

Claymore, thank you yes I did that first through TDS and notified them of the reference no and also that hard copies will follow for their records.