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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To insist my tenant pays

109 replies

SaraBellumHertz · 02/08/2012 11:01

Bit of history so genuinely not sure if IABU or not.

Tenant had today announced that she has had a plumber round to bleed the radiators and that I now owe her the money for this?

Surely this is something she should have done herself?

OP posts:

Viviennemary · 02/08/2012 12:08

She should have asked you first. It was hardly an emergency in July. I'd asked to see the plumbers bill before I made any decisions. This calling a tradesman and billing you is really cheeky. I'd be looking for another tenant when her lease is up. And the puppy thing is annoying. Is it not best to go through an agency. I know it costs money but they sort all this kind of thing out.

drtachyon · 02/08/2012 12:08

YANBU.

While not everyone knows how to bleed radiators, she should have contacted you and told you she had a problem with them.

And then you could have organised something.

Is there anything in the tenancy agreement covering this sort of situation? My last tenancy agreement had a clause in about having to organise any repairs / maintenance that would need a tradesman through the letting agency. It said that they wouldn't be held responsible for the expense if they hadn't authorised the repairs / maintenance in advance.

ColouringIn · 02/08/2012 12:08

OFFS! A puppy!!!!

No YANBU, have been a LL as well as a tenant. My tenant did the same and after 6 months I lost all the carpets as they were ruined beyond saving.

OutragedAtThePriceOfFreddos · 02/08/2012 12:13

A puppy?

See, this is where tennants have too many rights. If they are clearly in breach of contract then the LL should be able to call the police and have them out instantly. Then the tennant should havre liable for the cost of their eviction, and lose their deposit so the LL can clean or replace the fabrics.

It is outrageous that tennants can get away with things like that and force the LL to take a financial hit while they have so much protection that they pay nothing.

differentnameforthis · 02/08/2012 12:13

Bit of history so genuinely not sure if IABU or not

What's the history? If it is that she has been having trouble with said radiators & you have done bugger all about it, YABU.

tryingtonotfeckup · 02/08/2012 12:14

How much deposit are you holding, just wondering about damage cover if the puppy damages carpets etc

Can you end the tenancy for having a puppy?

differentnameforthis · 02/08/2012 12:15

I'm still smarting that in a house with carpets and fabric sofas she has in breach of her tenancy agreement got herself a puppy

Then you cancel her tenancy!

samandi · 02/08/2012 12:15

YADNBU. Bleeding a radiator is a fairly simple task, but even if she couldn't do it she absolutely should have checked with you first.

MaisyMooCow · 02/08/2012 12:16

It is outrageous that tennants can get away with things like that and force the LL to take a financial hit while they have so much protection that they pay nothing.

Tell me about it! I'm in the process of evicting tenants are their deposit won't even touch the rent arrears they owe me let alone the cleaning and repairs the property will probably need when they move out. It's pointless chasing them through the court as they're on benefits so I'll get sod all back and be stuck with court costs too.

I'm all for stopping dodgy landlords and letting agents but it seems the law is too much on the side of the tenant at the moment.

BettySwollocksandaCrustyRack · 02/08/2012 12:17

She sounds like a pain in the arse....when does her tenancy agreement run out? If I was her LL i certainly would not be renewing it!

Thanking my lucky stars for a good agency and lovely tenants.

Lotkinsgonecurly · 02/08/2012 12:17

Agree cancel her tenancy.

emmieging · 02/08/2012 12:17

Bleeding a radiator should come under normal day to day maintenance which the tenant does for themself I would have thought. But if she's struggling with the idea of it (!) she should certainly have called you, as it's up to you then to decide who to contract it out to - or of course to do it yourself!

As for getting a puppy in breach of the contract- give her notice today. She's taking the piss

dreamingbohemian · 02/08/2012 12:21

FFS seriously? calling the police over a puppy?

The landlord DOES have rights here. She can tell her tenant to get rid of the puppy or she'll be out, if the tenant refuses then serve her notice. She can keep as much of the deposit as necessary to repair any damage.

MaisyMooCow · 02/08/2012 12:24

She can keep as much of the deposit as necessary to repair any damage.

This is a very grey area now since all deposits are protected. Anyone letting out a property should have a professional inventory drawn up otherwise you may not be able to prove the extent of the damage when you try to hold back the deposit. Tenants may claim it as general wear & tear in which case they'll be entitled to their deposit back.

eurochick · 02/08/2012 12:25

WHy on earth would calling the police be appropriate? This is a civil matter. No wonder taxes are high if some people would call out the rozzers for this sort of thing!

OutragedAtThePriceOfFreddos · 02/08/2012 12:26

If the tennant refuses to go, and also witholds rent which woudont be unheard of, then the LLs costs are going to be nowhere near covered by the deposit. If the LL actually gets to keep the deposit that is.

OutragedAtThePriceOfFreddos · 02/08/2012 12:27

It shouldn't be a civil matter, it's no different to stealing. And like I said, there is no good reason why there couldn't be a system in place where the police can claim costs back for having to deal with civil cases when someone is clearly at fault. This is what the court system is for.

Noqontrol · 02/08/2012 12:29

Its a nightmare maisymoo. I was in the same boat a few years ago. The damage to the property and the rent arrears ran into thousands. The deposit barely made a dent in that. Put me off renting for life. Hope your story turns out a little better.

BettySwollocksandaCrustyRack · 02/08/2012 12:29

It's not easy reclaiming the deposit..in the eyes of the law legally the money belongs to the tenant and so the LL has to prove 100% that the money should not be given back....easier said than done

Yes you can serve an eviction notice...doesnt mean the tenant will go and in fact if they contact the council they will be told to stay until the bailiffs are called in...yet more expense for the LL.

Landlords do not have all the rights some people seem to think they have...the law is definately for the tenant which I suppose is thanks to all the shitty underhand LL's there are out there. As usual the minority ruin it for the majority!

TheBigJessie · 02/08/2012 12:31

If the radiators need bleeding, she's unreasonable not to contact you first.

If she had contacted you first, and you had ignored it, you would be unreasonable.

She's bleeping hellfire illiterate unreasonable to get a puppy- I would love a kitten, but my contract is no pets, therefore I haven't got a kitten!

However, expecting tenants to bleed radiators themselves (as expressed previously on this thread) would be unreasonable. I don't know how to bleed a radiator, and I wouldn't like to teach myself on someone else's property with a you-tube video, knowing that the owner will have to pick up the bill if I muck it up. Arrogant of-course-I-can-work-this-out DIY-ing wrecks a lot of houses!

LIZS · 02/08/2012 12:32

their deposit won't even touch the rent arrears they owe me let alone the cleaning and repairs the property will probably need when they move out

Didn't think you could retain deposit in lieu of arrears now. Give notice re. puppy at earliest opportunity but send a letter now reminding her that the puppy breaches the agreement and you expect any damage to be made good and cleaning at her expense. Also state that any mainentance costs should be cleared with you first. Her choice. How much is the bill btw ?

MaisyMooCow · 02/08/2012 12:39

Noqontrol This is the third time it's happened to me. It's a complete nightmare. I'm already down by £1500 and expect to add another £1000 to that before it's over. The tenant claims Housing Benefit but doesn't pass it onto me. I've reported them to HB who say they're 'investigating' the matter but don't seem to be doing anything. They said I won't be able to recover any costs from them if the tenant has spent the money.
The ironic thing is that the tenant will move on and still be entitled to HB and will probably only get a slapped wrist.

BenedictsCumberbitch · 02/08/2012 12:43

Sara are you me? Just this morning I received a text from my tenant (which was virtually illegible) saying the boiler went off the other day so he just got a mate round to fix it and it cost 40 quid. He says he has a receipt but I'm pissed off he didn't contact us or the letting agents first. Like your tenant he has animals in breach of his tenancy and I'm pretty sure he has the odd crafty fag in the house, on the other hand though the rent gets paid every month and in many ways he looks after the property to a far higher standard than we ever did when we lived there so I don't really want him to move out. You have my sympathies.

JodieHarsh · 02/08/2012 12:44

I'm normally on the side of the tenant in the perennial Mumsnet Landowning Class/peasantry debate but - she's taking the piss. I would never do anything requiring the LL's expenditure without a) asking first and b) getting a couple of quotes for the cheapest deal. And c) providing all paperwork.

Also - arf at needing a professional to bleed a radiator in July

BenedictsCumberbitch · 02/08/2012 12:44

Maisy can you not just get the benefit paid directly to you? That's what we did after initial hiccups and it has been completely problem free since.

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