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

The shower thing does sound a bit dodgy if they left it running! Bit of a nightmare on both sides.

Have you thought about getting an agent to manage things, it could make it all easier?

Exactly what % rent increase is this?

.

You're going to take many months to get back the void you'll get from serving them notice - you won't be able to show anyone the property until they leave, they will not be co-operative. So is it really worth all the costs for the sake of just the increase?

However distinct from the financial sense, you don't seem happy with them as a tennant, and playing hardball with on you on the rolling contract (you should've served notice so the tenancy didn't roll over, or served a proper variation of the periodic rent). So serving notice and accepting the cost might be sensible, even if not financially sensible.

It is only the ceiling that needs painting no other repairs.
Someone mentioned us going round tomorrow? No intention of that but if we arrange a date to repaint and the tenant forgets again as long as 24 hrs notice has been given isnt that the law?
We have emailed them back now to say we will paint the ceiling at their convenience ( but please do not forget again) and replace the window locks at their expense. However if they do not pay tomorrow we will serve them notice.
This is fair?

Nanny I can assure you many years of property compliance nonsense means I know my stuff!

OP I am happy to help but appreciate you may not want a random on the Internet to do so, if that's the case do you have a branch of a knight Frank/savills/hamptons or similar large agent you could go and speak to, most of them will have a lettings manager per office who will be ARLA qualified and better placed to give you advice.

There is a tonne of utter dross advice given out to landlords and tenants on MN and jn real life.

Bird if they don't say you can go into their property while they aren't there you can't.

I would expressly ask if you can let yourself in and have them say yes in writing.

If not you are in breach of the protection from eviction act.

'Arla' qualified . Yes, that definitely means that they can give expert advice. I took a little ARLA qualified rat to court last year and won.
Most letting agents know sod all about the law.

LastqueenofScotland - thank you for your advice.
Other times she has been happy for us to go in ie when the plumber went round, gas checks, plasterer etc so yes I will get her to email that if she forgets to be there we have permission to enter.
any thanks

Doughnuts that's why I mentioned the bigger agencies who all have seriously good compliance teams keeping things going.

I give 48 hours' notice of a desire to enter the property for repairs, turn up with a set of keys and get on with it. My managing agents do the same, for repairs, inspections and so on.

You are right about not entering the property and 24hr notice. I gave up banging on about this years ago, it's been repeated on here for the last 13 years at least.

It doesn't matter how much notice you give, you cannot enter without permission.

I'd echo what another poster has said above, and get advice on your position before doing anything further. Does your insurance company have a helpline for landlords? Otherwise contact a solicitor, just so that you don't make any actions that can have an adverse effect on you at some point.

Only advice I'd add is once you've served notice etc don't bother with County Court bailiffs pay the fee and send in the High Court sherrifs. Tenants will be out quicker that way.

Im probably going to get flamed but can you take some of teh breakages out of their deposit.I mean having to change the locks so often because of their stupidity for want of a better word.

But dont just let yourself in,you are asking for trouble .Go by teh letter of the law,better for your sake.

Did you not clean the carpets when they moved in? As what have they been doing to them in three years?

Yes the carpets were cleaned prior but after a few months she said they didnt hoover up well as they were old, she wanted new!!
We agreed to have them recleaned and scotch guarded which cost us £200.

The more you post about your tenants, the more I think they're taking the piss.

I think I'd be giving notice, irrespective of whether they pay the rent increase or not.

So she's not unreasonable and is willing to compromise with you to save on your costs...

I tgink we have come to a decision to give notice. My D is just sending it now by email and will go round with hand delivered notice tomorrow too.
To be fair they knocked us down from £975 to £900 pcm 3 years ago.
The increase tomorrow is from £900 to £927 but other houses are £1,000-£1200 in the road.
Looking back they have had just under £1350 worth of repairs and decoration done by us in the last three years.
Even if we have a month void we can decorate and hope to get £1,000 pcm
I would much rather they had not left it four months and emailed the night before the agreed increase :(

They sound high maintenance. There must be better tenants out there.

I think it's atrocious that people can become landlords without basic knowledge of their rights and responsibilities, for instance whether they can enter the property for non emergencies after giving notice of intent but without permission. It's immoral to have utter amateurs in control of people's housing.

"£27 a month isn't much of a rise "

No, it's quite a lot. I don't believe landlords should be allowed to raise the rent above inflation and this is the law in some countries.

KnittedBlanketHoles
Yes how atrocious of us to buy her a washer/dryer instead of the perfectly good washer.
To replace broken locks and gates that the wind break even though they were bolted shut?
Yes such bad LL who just ask if its fair before we give notice lol