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Tenants asking for money at end of tenancy because they changed garden

119 replies

Pitstop1986 · 11/05/2023 18:07

Just need to hear a few opinions in this really as I'm making myself sick with worry and really don't need the stress.

I rented out my house (me and DH both had a house when we met, I rented mine out and moved in with him) to the same couple for just over 3 years. They had a 12 month contract that they renewed after every 12 months. They always told me that their intention was to stay in the house long term, and that would have been the case, although I found out that I was pregnant with our second baby, so will have 2 under 2 years old. Childcare in our area is extortionate as childminders are like gold dust and so my financial situation is going to massively change and rather than financially struggle, we have decided to sell my house to release the equity.

I tried to be as kind to the tenants as possible. I gave them 3 month's notice, but said that if they needed to extend that by a few weeks, provided that a sale wasn't about to go through, they could do whilst they were searching for a new place to live.

When they first moved in, the couple asked if they could erect a shed to keep the gentleman's motorbike in, which I agreed that they could. They have also made changes to the garden as well as putting the shed up, including removing 2 trees and putting in decking, plus removing the grass to the front of the property and putting gravel in it's place. They didn't ask me if they could do this, but kind of told me afterwards. It looked nice and I just thought as long as they are happy, it's fine with me.

When I put in notice to end their tenancy, they spoke to me and said that they had incurred considerable expense due to putting the shed upand changing the garden, so they would be out of pocket. To keep things amicable, I said that they could live in the property for the last 2 months rent free. They seemed happy about this and agreed, saying that they'd leave the shed where it is.

Fast forwards 6 weeks, they ask me to go around to the property, so I popped around after work. The gentleman tenant has told me that he is considerably out of pocket due to me asking them to leave. He said that they've had to downsize, as there was nothing of similar sized house to mine in their budget and had to move further away, meaning that his wife has had to hand her notice in at work (she works in the petrol station at the end of the road and walks to work) and they've also had to sell furniture and his motorbike. He then told me that everything that he has done to the garden has added significant value to the property as it looks so much nicer than what it was and so he should be reimbursed for everything. Taking away the two month's rent that he hasn't paid, he has asked me to pay him £2600 and if I don't pay, he's going to have to take matters further, and he said I really don't want to have to go through that.

At first I felt really sorry for him, but also I'm so angry that he agreed on 2 months rent free and now he's asking for more money. I'm also sick with worry that he's going to trash the house when he leaves. I has renovated the whole place myself and it was immaculate so I'd be heartbroken if anything happened to it.

My sister says that he wasn't entitled to a penny, even the free rent so he's just trying to play to my nice nature. I don't have the money to just pay him out, plus I don't think that I should have to pay for every screw and price of gravel that he's bought to change the garden, as it was perfectly serviceable to start with so didn't need any alterations to make it useable.

What would people do in my situation? Any advice? Sorry for the long post!

OP posts:
lookslikeabombhitit · 11/05/2023 20:12

I'm a tenant. I've always left properties in as good as or a better state than I found them on moving in because when I'm there it's my home.... that said I have NEVER done anything without express permission. Your tenant is a cheeky fucker.

Serve them a section 21 PROPERLY- how to rent guide, EPC, gas cert, protected deposit and get them out. If they demand payment for their "improvements" then get quotes to restore to how it was and tell them you'll see them in small claims and will be requesting to keep their deposit via DPS to restore garden.

Choconutty · 11/05/2023 20:12

Have his improvements increased the value of your property? Would he have made those improvements if you had warned him you would end the tenancy suddenly rather than implying it was long term? You effectively agreed to the changes when you didn’t object.

Did the tenant ask for a longer lease? 12 month leases are normal, they're not a long-term commitment from their side either.

SheilaFentiman · 11/05/2023 20:16

“he's going to have to take matters further, and he said I really don't want to have to go through that.”

as others have said, there isn’t a “further” that he can take this. He asked about the shed then did it, he didn’t ask you to pay. And the other stuff, he didn’t ask at all.

Interested in this thread?

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Alwaystheweather · 11/05/2023 20:18

This post just highlights the problem with our private rented market, it’s an unprofessional market full of landlords like OP, where the property can be sold at any point. Nothing against OP, but we will never have a secure, satisfactory private rented market until we have professional landlords who have no interest in selling properties, but whose entire business model is about keeping them in the rented market permanently.

SheilaFentiman · 11/05/2023 20:18

“You allowed your tenants to believe they were there long term, and they would have been had you not fallen pregnant. Renting housing is difficult enough without people playing at being Landlord when it suits them.”

Huh? This couple signed a rental agreement with a notice period. You could also say they are playing at being tenants if they don’t read and understand the possible contract implications.

SheilaFentiman · 11/05/2023 20:20

“until we have professional landlords who have no interest in selling properties, but whose entire business model is about keeping them in the rented market permanently.”

Those professional landlords would not have allowed the shed, would have insisted the decking was removed and would have put the rent up to market rate every year, meaning the couple might well have had to move out anyway.

dontlookbackyourenotgoingthatway · 11/05/2023 20:22

Alwaystheweather · 11/05/2023 20:18

This post just highlights the problem with our private rented market, it’s an unprofessional market full of landlords like OP, where the property can be sold at any point. Nothing against OP, but we will never have a secure, satisfactory private rented market until we have professional landlords who have no interest in selling properties, but whose entire business model is about keeping them in the rented market permanently.

Aka, council housing

DisforDarkChocolate · 11/05/2023 20:22

He has damaged your property and you're letting him stay rent free for 2 months. He's taking you for a mug.

CrapBucket · 11/05/2023 20:24

“Take matters further” - bloody barmy. There is no further. I’m not a landlord but even I know the basics here.

HairyToity · 11/05/2023 20:30

Oh gawd he sounds horrible. I would put it in writing that he can have the two months rent free as previously agreed for improvements he did without landlord consent, or pay the two months rent to you and sell shed/gravel/ paving stones returning to previous condition at start of tenancy. Mark letter as "without prejudice". Also if you have a photographic record of condition from commencement enclose it so he can refer back to previous condition.

Cloud9Super · 11/05/2023 20:42

I’m sorry but you sound like such an amateur landlord. You’ve brought these problems on yourself. Being friendly with tenants is not part of the deal. Feeling sorry for tenants and cutting them slack is not part of the deal. They saw you coming. Have you even served a proper section 21? Have you protected their deposit? Use an agency, keep emotions out of it and stick to the letter of the law. Make the tenants return the property to the state it was in when you rented it to them (minus the usual wear and tear). The end.

Mummyoflittledragon · 11/05/2023 21:04

ichundich · 11/05/2023 19:32

Im with your tenants. You kind of agreed to him changing the garden because you didn't ask him to take it all down / return to the original state after finding out what he had done. We have just bought a shed, which cost £2,000 alone, without the foundations and the man hours required to erect it. In Germany if you sell a rented out property, the new owner automatically enters into the tenancy agreement. This protects the tenants from being at the mercy of landlords like you.

I lived in Germany for a while. Expecting tenants to decorate on entry or if freshly decorated to decorate the whole property on exit, change flooring and in some cases, even provide their own kitchens is not my idea of an ideal tenancy!

Germany has lower home ownership than the uk and there are housing share schemes, which people can put their money into, which means they effectively own property in other ways. The population is a lot more stoic leading to longer rental contracts, which for many is a plus but not for everyone as on the flip side, I remember there being penalties for the tenant if breaking the contract early. Once people buy a house, they often live in it for life.

This is comparing apples and pears.

drpet49 · 11/05/2023 21:12

RedPandaFluff · 11/05/2023 18:17

Absolute CFs! I can't believe they are trying to emotionally manipulate you like this. I think you've been more than reasonable, @Pitstop1986 - tell them they chose to make the alterations and actually you'd be within your rights to have them restore the things they didn't get your permission for back to the way they were at their own cost.

I understand you're worried they're going to trash your house, and it's always a risk, but you can make a claim against their deposit for any damage.

This. I’m fuming on your behalf OP.

NortieTortie · 11/05/2023 21:15

Surely every renter knows that if you choose to spend money to improve someone else's property, you do it for your own enjoyment and with the knowledge it could be taken away at any moment.

Agree with the other posters. It was kind of you to waive the rent for the last couple of months. Tell him no, he can take away the improvements if he likes.

TellySavalashairbrush · 11/05/2023 21:25

You have been more than kind. Tell him to take his shed and piss off!

Nappyvalley123 · 11/05/2023 21:25

I can understand why you are stressed and this isn’t good with your pregnancy.

The issue here is you need them out without either trashing or just refusing to leave and having to formally evicted them through courts. You also want to sell your house so don’t want them putting off any purchases.

I think you need to play this smart, I would try and get them invested in your sale of the house. I would say something along the lines of that you don’t have any money at the moment which is why you’re having to sell the house and you haven’t had any rent coming in. Say you will see what you can do when the sale of the house goes through. I wouldn’t say you will pay it on paper (so you don’t get taken to small claims), maybe nodding towards that verbally but anything in text or email just stick to that you need a sale to go through for any money.

CrotchetyQuaver · 11/05/2023 21:46

I would seek legal advice on this and get them to send a letter as a warning shot across the bows. He (the male tenant) is taking the absolute piss, you should never have agreed to 2 months rent free not least because they did the work in the garden without your prior permission. Then to try and come after you for the cost of the materials beggars belief. I'd be tempted to tell him to restore the whole thing to how it was when they moved in.

PrincessofWellies · 11/05/2023 21:53

I'm a landlord. You tell him the costs to reinstate the property garden to its former condition will be around 3k. How would he like to pay? Plus he's in breach of contract by not leaving as agreed and will need to return the 2600. And serve him a s21 notice and a s8 grounds 8 10 and 11.

That should do it.

squidgybits · 11/05/2023 21:53

They can not afford to hassle you for reimbursing them. Tell him he can take his shed with him. Have you been able to inspect the property as I am sure you will find a million things you need to correct before selling
Two months of free rent was "above and beyond" IMO
I say all of this as a person who dislikes private landlords intensely but they are actually taking the proverbial, they knew they were not living there forever
I hope you have everything on paper as to what has been agreed etc and you did keep their deposit legally ( which landlords always justify to keep)

Batalax · 11/05/2023 21:59

He’s taking the piss. Two months rent free was already above and beyond.

BuffaloCauliflower · 11/05/2023 22:02

They’re being ridiculous, and I’m speaking as a tenant who’s just spent £1000 improving the garden of our rental house, because I wanted to. Fully aware it’s my decision to spend and we might not be here long, it was our choice to make. Our rent is under market value and has only been minimally raised the last few years which I appreciate living in an expensive area.

They've no one to ‘take it further’ too.

tara66 · 11/05/2023 22:11

Cloud9Super · 11/05/2023 20:42

I’m sorry but you sound like such an amateur landlord. You’ve brought these problems on yourself. Being friendly with tenants is not part of the deal. Feeling sorry for tenants and cutting them slack is not part of the deal. They saw you coming. Have you even served a proper section 21? Have you protected their deposit? Use an agency, keep emotions out of it and stick to the letter of the law. Make the tenants return the property to the state it was in when you rented it to them (minus the usual wear and tear). The end.

This.

Starsandrain · 11/05/2023 22:15

thedogisstaring · 11/05/2023 18:28

He's being an absolute CF and you have nothing to be worried about. Serve as.21 and stop being Mrs nice guy. He's taking the piss. Tell him that decking needs maintenance and you're pissed off that they put that in without permission and you're considering your right to insist that it be put back to how it was previously, then stand back and watch the panic in his CF eyes.

This. Definitely.

Crikeyalmighty · 11/05/2023 22:16

@Cloud9Super and as a tenant renting nice places I don't want to be friends with the LL either- I am more than happy just for the agent to pop round every 6 months for a check over .

We got friendly only once before with a LL who used to pop around quite a bit - and at the end he turned out to absolutely screw us over (this wasn't uk and he was holding a very very large deposit and knew it wasn't easy for us to take action ) I won't make that mistake again

BanditsOnTheHorizon · 11/05/2023 22:17

I can't believe you let him have 2 months rent free. He's taking the piss op.

Tell him he can take his shed and if he wants to go down the route of demanding money you'll be using his deposit to put the gardens back to their original state as they didn't get permission to carry out the changes

I'd then kick off the legal process to get them out as it sounds like they may be a pain in the arse to get them to move out

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