landlord query

[katekoala]

sorry in advance fro long post - I am just trying to figure out where to draw the line for maintanance works on rented house. So far every little (and large) quibble the tennant has, we have paid to fix/replace (new shower, replaced fence panels & posts that were damaged in storm, tennant complained of draft from attic & estate agents instructed us to reinsulate whole loft - and lots of other things) my point is, it seems that every little thing the tenannt goes to the estate agents, and they seem to instruct us to do it ... now I am no trying to say I dont want to do it, but where do I draw the line ...

the tennant pleaded hardship when she wanted to cut a banister and I said she cut, but would have to replace it (costed it at £35) when she moves out - she said she couldnt afford it ... however, now she wants to replace the carpets for laminate and paint walls etc.... but then why did I then get a request from the estate agents asking for me to replace a toilet seat that she has broken?? I know this wont sound much, as other tiny things have gone on... but where can we push back and say no?

The tennant is now saying there is a draft from the door, and estate agents are instructing me to re-hang it - however, door was fine for last 2.5 years she has been living in it - so wouldnt this be something she may have damaged ?


what happens if I say no? (i am worried estate agents will fix everything anyway just to jkeep her happy then bill me for it)

[woofgang]

If she broke the loo seat, she fixes it....if she want to change decor, wall colour, carpets etc, then she puts it back to how it was at her expense and to your satisfaction when she leaves. If the estate agents are your rental agents, then you are the customer, not the tenant and they should not be able to "instruct" you to do stuff. i would check your agreement with them and with the tenant and put your wellie down now.

[milly143]

Sounds like your tennant wants to live in luxury surroundings but not at her own cost. Surely if something is damaged inside the property i.e the toilet, then it is her responsibility to fix it. I know our rental agreement pretty much states all repairs are down to us. We had a blocked drain a few months back that cost £80 to repair and I was informed that it was due to years worth of fat being poured down the sink and and possibly not just from our house. Luckily our landlord was very understanding as we had only lived there since Jan and he reimbursed us but he didn't have to as our contract states it is our job to pay for it. I would check through your contract for every last detail.

[katekoala]

thanks guys - will look through agreement & maybe seek some propr advice. like i said happy to repair standars things but dont like the fact i am being told shes too poor to replce things but has enough to re-furnish and re-decorate

[themas]

Seems to me a lot of the things you have listed are things which you don't HAVE (legally) to do. Broadly, under legislation you are reponsible for maintaining the structure of the property & the sanitation & other services supplying it. Your agents should know this - ask them for details of the legal requirements & see what they say. I can't recall the particular Act, but you can probably find it by a Google search.

There is also the possibility that you have accepted additional liabilities in the wording of the tenancy agreement - in which case it is probably not well worded from your point of view (did these agents do it for you?)

I assume this is an assured shorthold tenancy. If so, you don't have to keep this tenant, provided you give the correct notice to quit at the right time.

[BenDToy]

Nor do you have to keep the agent. They should be working for you, who is paying them. Get rid ASAP.

[katekoala]

yes it was the agents who wrote up the agreement - still trying to find it so I can go through the wording so I know wherther to push back or not. But yes - absolutely feel that I am paying them £60 a month to work in the tennants favour ! like I said, Im not trying to be a slum lord or anything - but also dont want to be forking out for stuff that is not essential when I cant even afford to do that to my own house !

[katekoala]

well - here is the snooty response I got from the estate agents .....

Thanks for your email.

The draught coming through the PVC front door I'm assuming is because the hinges have dropped, but as I have solid wood doors at home I am only guessing, and will only be resolved by having a workman look at it. It may well have been an issue on the last inspections, but is only noticeable now the nights are turning colder, hence increasing her heating bills.

Section 4.2 of your contract with us states that the Landlord will keep the property in good repair. It is your decision as to whether the draught makes the property inhabitable. In my opinion, she is a good tenant, and worth looking after.

As for the bannister, your tenant has now been given a smaller more suitable baby gate, and no longer needs to alter the hand rail. As your tenant is a single female, I would presume that the cost for labour to re-fit the bannister was also an issue to her.

I am not privy to your tenants financial means, other than she is a single mum. The request to re-decorate and install laminate flooring would have been an improvement to your property.

The damaged/faulty toilet seat was a request by your tenant, which I am duty bound to pass on to you for your decision/instruction.

Neither myself or your tenant needs clarification re further changes, hence these emails.

Your email from December was marked F.Y.I., and consequently I did not reply. The photographs are on file awaiting your instructions, as and when the tenant moves out. I would need your proposals if you need this resolved before move out.

I am sorry you are not happy with our service. I believe that you have previously had advice from Ed Jeffery as to changing Agents.

[themas]

The agent is being ridiculous in some of this. It is abundalently clear that if the tenant broke a toilet seat she has to replace it at her cost. It is stupid for the agent to say they are duty bound to pass on the request to you. If they engaged brain, they would simply tell the tenant to replace it with something of similar quality.

As to the draught from the door, unless it is poor quality or has been damaged (by the tenant?) it is difficult to see why it should be more of a problem now (the weather isn't even cold yet!) than previously. I suggest you go round yourself with someone who has a bit of knowledge about these things & have a good look - but make sure you carry out the procedure set out in your tenancy agreement for getting access.

If the agent did a tenancy agreement which simply said (with no qualifications & no explanation) that you would keep the property in good repair he is incompetent & certainly not working in your interest. As I said before, your legal responsibilities are limited.

Get this agreement terminated as soon as you can - but make sure you follow the correct procedure, not relying on what this agent tells you. Change agent & if you feel necessary, change tenant.

[katekoala]

Thanks - I agree - I mean a blinkin toilet seat ?!!! how ridiculous. they are missing the point as to why we are confused that there is something wrong with the door now (unless tennant has broken) especially as its no where near as cold as it was at the beginning of this year (and no issues were raised then !)

I must point out that this is also a high street large company.

my issue lies with 'good state of repair' this is a legal obligation as per the landlord act 85 (or something) but then what constitues 'good state of repair' I was undet the impression they were meant to advise me on what definitely needs doing as a matter of urgency and what can wait etc .....

[katekoala]

thanks for everyones help - I am now switching to a letting agent ! :) who will hopefully keep my best interests in mind as well as the tennants !

[tamborine]

Agents take the pizz....if prop is 'inhabitible' due to door draft use this excuse to evict tenant & close agent contract.

n.b. Agent will protect tenant from eviction, for their fees so don't cancel them till property is empty. Say, you need to sell.

[katekoala]

Thanks Tambourine !
definitely - in addition to this the potential rent we can take is £525 but we have continued to lett her have it at £425 as agents kept telling us she couldnt afford it and would have to evict her (so basically saying we would have an empty house!) again, seem to be working for the tennant .... so new agents soon to be arranged and re-advertised at the higher rate.

Thanks for everyones answers :) all have helped me make up my mind

[bushbaby_de]

Whilst I totally agree with what is being posted here, I just wanted to add one thing. Any good agent would not just tell the tenant to repair something with similar quality, they will ask the landlord whether they are happy to let the tenant fix it or if they want to fix it themself and retain part of the deposit for the works, which sounds to me like what has happened with the toilet seat incident - it seems to me like you may have misinterpreted the estate agent's contact with you, or that they are not very good at explaining themselves!