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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:
gamerchick · 11/05/2023 22:18

I'd call his bluff. Tell him that he's welcome to take the shed and other stuff with him. But he needs to replace the trees and return the garden to it's original state as he didn't ask permission to do most of that.

Then see your solicitor.

gamerchick · 11/05/2023 22:20

See all that's been covered

Good luck. Don't back down.

silverbubbles · 11/05/2023 22:22

Tell him to return the garden to exactly how it was when they moved in. You should not have let them live rent free for 2 months.

Interested in this thread?

Then you might like threads about this subject:

EscapeRoomToTheSun · 11/05/2023 22:34

Legally they probably don't have many rights. But morally you are in the wrong. Why pretend to them they could stay long term if that was not the case?

SheilaFentiman · 11/05/2023 22:35

EscapeRoomToTheSun · 11/05/2023 22:34

Legally they probably don't have many rights. But morally you are in the wrong. Why pretend to them they could stay long term if that was not the case?

She didn’t pretend. Circumstances changed: she got pregnant. And they have been there 3 years, which is a pretty long time.

SheilaFentiman · 11/05/2023 22:42

And the guy chose to put up a shed right at the start of the tenancy as it was useful to him.

I suspect the main issue is that OP hasn’t put the rent up in line with the local market and so tenants are trying to find ways to fund their new rental bill. But what others charge isn’t op’s fault.

WiddlinDiddlin · 12/05/2023 03:59

EscapeRoomToTheSun · 11/05/2023 22:34

Legally they probably don't have many rights. But morally you are in the wrong. Why pretend to them they could stay long term if that was not the case?

Three years IS long term - note the tenant did not ask for a contract of more than 12 months each time. They could have asked for a longer term contract, 3 years, more even. They did not.

Giving someone a 12 month contract and expressing a desire that they stay long term, ie multiple years, is not 'pretending' as the OP has no ability to see into the future.

Otherwise we're all just fucking pretending aren't we? Last week I missed a shift at work as I ended up in hospital - was I pretending that I'd be well enough to work when I agreed to that shift? Obviously, in your world!

Circumstances change, life happens, plans alter - 3 years ago was a pretty long time and a fair bit of stuff has happened since.

Legally, and morally, the OP is in the right. You carry on pretending she isn't though eh.

Tiddlypomtiddlypom · 12/05/2023 06:43

I’d have told them they actually owed me money to put the garden back to how it was before.

He's manipulating you. Time to toughen up. Or send your sister in.

ReformedWaywardTeen · 12/05/2023 06:52

I rent and it's why I've never made major changes to a home because it's not mine.

We put a shed up when we moved in our current rental, but we got it from Freecycle and we haven't concreted it in. We have plans to move this summer, and the shed will be given to our friend. Any plants go in pots and planters. I can take them with me then.

They have not a leg to stand on.

dig135 · 12/05/2023 08:00

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.

This is ridiculous. A number of my friends are private landlords and they bend over backwards to keep their tenants happy.

If you look at the figures, there's been a mass exodus of landlords in the last two years. Under your rationale, that's good as they'll go to the saintly, professional landlords (who can be far more ruthless than the 'unprofessional' landlords).

Except they're not, and the dwindling supply has pushed up rental prices significantly. My son at university is paying £850 a month next year for a tiny room in the arse end of nowhere. Same story in central London. It's having the opposite effect of improving the rental market.

drpet49 · 12/05/2023 08:31

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.

Brilliant advice and I would do this

Crikeyalmighty · 12/05/2023 11:05

One reason I do 18 month to 2 year tenancies at a time is because I'm very aware any landlord can sell etc- I do put breaks in at 12 months and 18 months with 2 months notice either side- because occasionally in the case of the odd lemon- (and there has been an odd one) it worked to our advantage.

Danikm151 · 12/05/2023 11:09

They didn’t ask for permission to change the garden so technically you could charge them to restore and will be taking the charge out of their deposit
Email them and advise this.,

Anna8089 · 01/11/2023 15:08

Decking devalues as its chavvy.

trevthecat · 01/11/2023 15:22

Any update?

Rainbow1901 · 01/11/2023 15:26

It would be interesting to know the rental amount - just because it would bring things into context. By that I mean if the rent is two grand a month then giving him two months rent free is £4000 off what he reckons you owe him!!

Helenahandkart · 01/11/2023 15:52

He doesn’t have a leg to stand on.
Be aware however that he may not leave at the end of the tenancy, despite agreeing to go. Currently going through this myself in a very similar situation.

Make sure that you have served him a valid Section 21. Look into this carefully as it needs to be accompanied by various bits of paperwork (gas certs, EPC and some other bits) and is invalid without it, meaning the tenant doesn’t have to go. Make sure you get all the details absolutely accurate so it isn’t rejected.

If he wants to make your life difficult, or can’t find anywhere to move to, you may have to go to court to get him out. The Section 21 is the first stage of this, so it’s worth doing it now if you haven’t yet.

gamerchick · 01/11/2023 15:58

Old thread dudes.

user701 · 01/11/2023 16:04

Anna8089 · 01/11/2023 15:08

Decking devalues as its chavvy.

Don't be ridiculous. entirely depends on how its done.
And this is now a resurrected zombie thread as a result of your comment!

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