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Tenant problems
My sister started letting out a property to private tenants 2 months ago. She recently visited the property at the letting agents request as they had identified some problems at their routine visit. The property was let out in a prestige condition but now there is mould growth in all the bedrooms including the bathroom (being the worst). The tenants are not opening the windows to ventilate rooms, they also dry their washing inside the house, don't open windows during cooking. There is condensation problem in the kitchen. The newly installed shower in the bathroom shower cubicle appeas to be leaking inside the wall which the tenants never reported. There is a massive damp patch on the outside of that wall which faces the stairway. The contract clearly states that pets are not allowed but a cat was present there.
What are the ladlord's rights in this situation pease. Surely ithe tenant is in breach of their contract. The property has been rented for almost 18 years to various tenants via various letting agents but never before have there been any problems of this nature. Your views would be very much appreciated. Thanks
What are the ladlord's rights in this situation pease. Surely ithe tenant is in breach of their contract. The property has been rented for almost 18 years to various tenants via various letting agents but never before have there been any problems of this nature. Your views would be very much appreciated. Thanks
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whats on the tenancy agreement, if it clearly states they are in breach of the tenancy rules, then she has a right to ask them to fix these problems and give them a date as to when this should be done for, then if not done, she should evict them......as they are clearly in breach of tenancy agreement, i let out a house to some students they wrecked it and when i went to see what was going on they were not happy and neither was i so i threw them out....why should they wreck my house
I had exactly the same problem with some tenants of mine a while back.
To start with what point of the tenancy agreement are they in breach of?
Does it say they have to keep the windows open? does it say they have to keep the house well ventilated? With the cold weather we have been having is it reasonable to expect tenants to keep wondows open? Is there a secure way to ventilate and keep heating costs down? Is there adequate provision for drying clothes that doesn't involve hanging it all over the house? (if not what do you expect them to do?)
Having said that are they hopeing that they will get assisted houseing if they show that the living conditions are detrimental to health? Or are they just stupid and lazy?
Read them the riot act, get them to clean it up and spell out the fact that they have to keep the place in a clean condition. But also get the building checked for any underlying damp problems such as slippage in the cavity walls etc.
To start with what point of the tenancy agreement are they in breach of?
Does it say they have to keep the windows open? does it say they have to keep the house well ventilated? With the cold weather we have been having is it reasonable to expect tenants to keep wondows open? Is there a secure way to ventilate and keep heating costs down? Is there adequate provision for drying clothes that doesn't involve hanging it all over the house? (if not what do you expect them to do?)
Having said that are they hopeing that they will get assisted houseing if they show that the living conditions are detrimental to health? Or are they just stupid and lazy?
Read them the riot act, get them to clean it up and spell out the fact that they have to keep the place in a clean condition. But also get the building checked for any underlying damp problems such as slippage in the cavity walls etc.
Firstly, you'd never get an eviction based solely on there being a cat in the property, no matter what the AST says on the subject.
Next, you do need to spell out to the tenants what you expect them to do as to ventilation, condensation and the mould. You're right that mould is usually down to lack of ventilation and you should put in writing to them that they need to ventilate the property better and to get rid of the existing mould. It needs explaining to them that this is their problem and that if they don't sort it out you will have to and it will be at their expense.
You need to get a plumber in to sort out the leak. It's the tenant's duty to notify you of any fault's such as this - it should be in the AST - but, again, on it's own, it's difficult to do much about this.
How long does the agreement have to run? Is there a break clause? Unfortunately, I can't see you getting them evicted on what you've written here until the end of the agreement. They should however be warned, in writing, that their actions, or lack of, are likely to cost them money.
Really, if you're employing an agent, they should be sorting all this out for you. I assume you're paying them a percentage each month?
Next, you do need to spell out to the tenants what you expect them to do as to ventilation, condensation and the mould. You're right that mould is usually down to lack of ventilation and you should put in writing to them that they need to ventilate the property better and to get rid of the existing mould. It needs explaining to them that this is their problem and that if they don't sort it out you will have to and it will be at their expense.
You need to get a plumber in to sort out the leak. It's the tenant's duty to notify you of any fault's such as this - it should be in the AST - but, again, on it's own, it's difficult to do much about this.
How long does the agreement have to run? Is there a break clause? Unfortunately, I can't see you getting them evicted on what you've written here until the end of the agreement. They should however be warned, in writing, that their actions, or lack of, are likely to cost them money.
Really, if you're employing an agent, they should be sorting all this out for you. I assume you're paying them a percentage each month?
twenty20 - you can evict them on the aspect of the pet - it clearly breaches the agreed contract. also, if it were to go to court and the judge was shown evidence of damage etc, they would be evicted. my hubby is a housing officer - get your facts right before you pooh pooh others contributions. btw - you can give them notice at any time (you don't need a reason) but you may have to stick out the initial 6 months as ast often stipulate this. good luck - oh, call your local council; they may have a housing advice service to help you through the process. x
Oh dear! Do I assume from that reply that you're not a landlord?
Also, there was no mention of damage by pets, simply that there is a cat. Damage, if any, by the cat would be assessed at the end of the tenancy. Ground 12 of The Housing Act, where the tenant has broken one or more of his obligations under the tenancy agreement, which I assume you mean you'd try and evict under, is discretionary not mandatory and, without any other Grounds or a Section 8, then quite honestly you'd be wasting your time and money. But, of course, you must know this, your husband is a housing officer.
There are plenty of things that are written in ASTs that are simply not enforceable, or not worth the hassle of enforcing. The tenant keeping a cat is an example of one of them. Obviously, if the tenant was keeping many cats and the property was in disrepair and/or upsetting neighbours, you would have more chance of possession on this Ground.
Thanks for the advice of talking to my local council but, no offence meant, based on what you've said I'll pass on that one thanks.
To the OP, I suggest you try posting this question on the Landlordzone Forums (http://www.landlordzone.co.uk/forums/forumdi
splay.php?f=3)
where you'll get legal opinion not argument.
Also, there was no mention of damage by pets, simply that there is a cat. Damage, if any, by the cat would be assessed at the end of the tenancy. Ground 12 of The Housing Act, where the tenant has broken one or more of his obligations under the tenancy agreement, which I assume you mean you'd try and evict under, is discretionary not mandatory and, without any other Grounds or a Section 8, then quite honestly you'd be wasting your time and money. But, of course, you must know this, your husband is a housing officer.
There are plenty of things that are written in ASTs that are simply not enforceable, or not worth the hassle of enforcing. The tenant keeping a cat is an example of one of them. Obviously, if the tenant was keeping many cats and the property was in disrepair and/or upsetting neighbours, you would have more chance of possession on this Ground.
Thanks for the advice of talking to my local council but, no offence meant, based on what you've said I'll pass on that one thanks.
To the OP, I suggest you try posting this question on the Landlordzone Forums (http://www.landlordzone.co.uk/forums/forumdi
splay.php?f=3)
where you'll get legal opinion not argument.
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