Email from tenant refusing to pay rent tomorrow. AIBU to give notice by return?

[birdladyfromhomealone]

Osting here for traffic also in Legal
Gave notice in September that we would be increasing rent £27 pcm. From Jan 3rd 17.
This is the first increase and they have been tenants for over three years.
Tonight we had an email that they have not signed the new contract or changed their direct debit as although they they agreed to this increase in Sept they now say they want repairs done first.
We had new DG windows fitted just before they moved in 3 years ago. They have managed to break 3 window locks in that time. The first one we replaced within the guarantee but these further two were broken in the summer.
We said they broke them so they should pay to replace them.
There was also a leak from the shower which was fixed at our expense.
We also had to have the ceiling re plastered due to the leak. We went round as planned to paint the new ceiling and the tenant a SAHM had forgotten and was out. A wasted 25mile round trip for us.
We texted and she apologised and has never come back with another convenient time so we left it.
Now they are saying they are not paying the increase tomorrow until we do the repairs.
Thoughts please

It's just the £27 they're withholding until repairs are arranged? I think it would be petty of you to give notice for this. Communicate instead.

I would also in future at minimum charges petrol money if a tenant was to lock themselves out.

My agency charges 105£ for replacement keys if I was to lose them and a £40 call out charge

If they aren't in a fixed term notice contract why does the op need to do a section 21? Does she not just give 2 months notice?

I am a tenant and I think your tenants sound difficult. Although it may technically be your responsibility, I would expect if they are breaking the locks so frequently that they would replace them, unless they are breaking due to a flaw in the design or condition of the locks, in which case you should. Not being there for the earlier repairs is also annoying. However, it is true as a pp pointed out that by doing the repairs you mention you have not done them any favours, just fulfilled your basic responsibility. Still, not all landlords do that.

To be honest they sound not great tenants but not really bad ones either, from what you say it could be worse. I would consider whether it is worth having the property empty for a while.....presumably the effect of the increased annual rent would be lost in a matter of days if the property is empty.

As a tenant, I would completly expect to pay for damage I'd caused. I ripped two paper light shades when taking them down to swap for something nicer and will be buying some replacements before we leave. If you break it, you pay, I can't understand anyone who would think otherwise.

Perhaps email back stating that they have already agreed to a rent increase and the action that can be taken if they fail to pay their rent. I'd put a hard copy in the post as well, so there can be no question that a copy had not been received.

Thanks we are private LL and do all the repairs?maintenance ourselves.
In the last three years we have had the carpets cleaned for her- She wanted new.
replaced a perfectly good washer for a washer/dryer
fixed shower leak, one broken window latch, replaced wooden garden gate that smashed in the wind that she said was bolted shut!!!!
and paid for locksmiths to replace back door lock as her son locks her out.
Have emailed back to say we will be round to paint the ceiling but if she forgets again we will let ourselves in.
Notice if they do not pay tomorrow.

Give them notice, not a section 21. Tell them the rent is staying as is but they'll need to move out so you can get new tenants. If they want to stay, that is fine, the rent has just gone up.
Tbh tho, some Windows are just flimsy. Especially the locks and if they've been good tenants otherwise, it's part of the process I'm afraid.

I think they are being petty/arsey. You seem to have been a good LL, they have "cheap" rent for the area and have had 3 years without an increase and are pulling a last minute stunt like this!!!

They have had ample time to ask for the ceilings to be painted.

Are you allowed to 'let yourself in'? Whilst I understand you don't want to be messed around, I don't think you can do that. Not 100% sure but doesn't sound right to me.

Yes if they have 24 hours notice.
rather than another wasted 25 mile round trip if she "forgets" again?

Don't let yourself in unless you have express permission to do so using keys from the tenants!!!!

I appreciate they are being pains but that would be breaking the law as per protection from eviction act 1977 it will count as harrassment

Birdy notice doesn't matter if they haven't agreed.

As far as I'm aware you can't just let yourself in like that though with less than 24 hours notice and no agreement from the tenant - it would be trespass. see here for quick reference.

Technically, no, you can only enter with 24hrs notice for emergency repairs. But if they give permission for you to enter in their absence, you're ok. Make sure you put all communication in writing.

You were liable to repair the leak. But it was very annoying that you had to make a round trip and they were out. It should be less hassle to go through an agency. Did you need to put up the rent. I think it's difficult to evict tenants these days.

How are the window locks breaking so easily? Odd.

I'm assuming it's not 24 hours notice as you got their email "tonight" and you're going around tomorrow (presumably daytime). It's also not an essential repair so I think you need their agreement

Beware that there is now a potential issue with a landlord serving retaliatory notice. Meaning that if it were to come to court, the judge could deem that you have notice BECAUSE they asked for repairs. This isn't likely but it's possible.

Also be careful to serve the correct section 21 and to do it properly. I.e.: with certificate of service, dated correctly and make sure you have issued all the paperwork needed or it won't be valid.

You may also want to back it up with an section 8 on discretionary grounds when they are 21 days in arrears.

I would like to know what kind of good quality lock can be forced by a small child?

Referencing repairing the leaking shower damage was relevant as the OP says the damage was caused by them leaving the tap running with the hose not properly stowed.

Wimpy retaliatory notices will only apply if the council have got involved due to environmental health.
There is a bigger risk of it counting as a retaliatory notice if the OP lets herself in and the tenant is clued up on the 1977 legislation

The shower leak sounds as though it was caused by the tenant's negligence as OP mentions that the water damage was caused by the shower left running and being hung over the taps. So it is relevant.

They don't sound great

You can't just let yourself in to someone's home!

I'd love to hear their side of this.

Op if you don't have an agent it would be worth speaking to someone ARLA qualified regarding this process as it sounds like you have been given some incorrect information along the line, and serving notice incorrectly and falling foul of various bits of legislation can mean they can stay in the property protected from eviction for several months

lastqueenofscotland has said this is her professional area of expertise.

Now whilst I appreciate this is t'internet, chances are she knows of which she speaks. And has offered direct advice.

Bite her hand off!