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

as for using a letting agent, those people are out and out racketeers, middle men deliberately churning properties to try and increase their own profits

we're there some recent changes to the fee's they can charge?

This thread confirms what I've always argued:

As a tenant, you are better off dealing with a large scale money grubbing professional agency setup than you are with a well meaning, but clueless amateur landlord.

I wonder if their deposit has been properly lodged with a deposit protection scheme?

I think they have waited till the last minute to refuse to pay the increase so they will be in a better bargaining position. Takes time and money to get them out / clean up house etc and find new tenant v increase.

You do sound like a good LL, OP. I don't quite understand the complaints here about "amateur" landlords, I have always got on better with private landlords myself.

The problem with amateur landlords is they dont have a clue about the law.Leaving themselves wide open to unscrupulous tenants.And there is plenty of them around.

the so called accidental landlords are usually those who put their home on the market but couldnt get the price they wanted for it.

Do they accept that a property has no fixed value but is instead only worth what someone else is prepared to pay?

No, they decide they have no choice but to buy a new place to live in and rent the old one out.
But they still sort of see it as their home and feel they should be able to let themselves in to do a spot of decorating etc

From a tenant's perspective, it can also be a frustrating time consuming faff dealing with amateur landlords.

Including: attempting repairs themselves and/or sending a mate and making a bodge of it. So what would be a simple fix by a proper tradesman becomes an epic saga.

Expecting you to wait weeks or months for a repair (and no I don't care that your gas boiler at home was conked all of one winter, I pay my rent to you to ensure I have a working one) nor do I care if replacing the broken fridge will 'leave you tight this month'.

Letting themselves in as the please (especially if it was there former home) and storing their unwanted stuff in the flat.

Understanding that there are basic ongoing maintenance costs.

There's problems with Agencies, mostly the fact they are money-mad greedy bastards, but I've found a half way decent agency are more reliable in preventing and dealing with some of the problems mentioned above. They also get that it is a commercial relationship and there are costs on there behalf and they will have to (with great reluctance) spend some money at some point.

Some amateurs seem to have the mindset that what you pay them in rent represents pure profit.

They are paying belo market rent and have had one increase of £27 in 3 years and have constantly broken locks on your property by forcing them open

They agreed to the increase but are now not only refusing to pay the increase but any rent at all until repairs are done: those repairs being locks that they broke themselves?!

Tell them to get to fuck. Give them notice and whack the rent up to market rates for the next tenants.

I'd be worried if I was the LL, they may be gaming this and planning to give you a very hard time

You havent left them with no central heating, leaking roofs, rising damp. It is just locks they broke themselves.

I would want them out tbh.

If I have calculated correctly, the property would only have to be empty for 10 days for the OP to lose an amount equivalent to a year's worth of the rental increase. It will also cost almost certainly cost the same or more to get the property ready for new tenants than it will to do the repairs. of course the property could be empty for weeks, and there is after all that no guarantee that the next tenants will not be far worse. My DM used to let a flat and it seemed like every tenant was determined to outdo the last in terms of their actions, from leaving blocked loos and scattered syringes all over the floor to absconding owing several months' rent. There were also the memorable tenants who thought a fun game would be jumping from the first floor window.

Remembering all that it might be worth trying to see them OP, see how they are keeping the place and how reasonable they seem in person. It might be worth giving it another go!

That is so true, Baylisiana

Frequent changes of tenants and rent increases boost profits for agents but make life expensive and stressful for landlords and tenants

Not necessarily, formerpig. Whilst I've been happy to hang on to good tenants, I'm delighted to get rid of bad ones. If I have to terminate a tenancy after 6 months & incur costs to do this, it's a small price to pay for peace of mind. It usually costs me £200 in agency fees, plus another few hundred for redecoration & repairs. Way cheaper than having to deal with the aftermath of a tenant who wrecks the place.

Give them notice but expect them to refuse and be pita. They sound difficult.

Why do crap Tennants always seem to rent from decent landlords and vice versa? Why can't all the difficult pita and shitty ones find each other.

We are good tenants. Our landlord goes through an agency which is shit at communication and repairs. In fact several of the things we reported were ignored for years, caused damage and they tried to charge us to hide it from the landlord!

However the repairs came about £1350 over 3 years isn't a high maintenance cost and bear in mind you can offset it for tax purposes. Is £324 a year really going to make a material difference to you? You seem to begrudge the inconvenience of having to deal with the management of the property, so you could pay an agent instead perhaps. You could agree to keep rent same for say a further 6 months , on condition that you repair now but they should expect pay for further tampering with locks etc.

LLs are really hated on here OP so don't take any criticisms to heart

You've tried your best but you have one of those tenants who aren't happy unless they are kicking up a fuss

I rent from a private LL and we have not asked for ANY repairs. If it's broke, we fix it.

The only time we've asked for help was when a pipe burst in the bathroom. It ruined the carpet but we haven't asked for a replacement. We will get it.

In exchange for us taking responsibility, we have more freedom than most tenants. Free will decorating, painting, nails in the wall the lot. We are also allowed what ever pets we like and she's granted us permission to renovate the back yard to how we like it

baylisiana the notice with new tenancy has now been outlawed (england/wales)

I also think that the cost and hassle isn't worth it for this tiny rent increase , even though real inflation is much higher. The op may however find that these tenants are too much hassle and wreckage.

And landlords done get to choose whether they use county court or high court bailiffs. They can apply, but the judge can refuse. Tough if you are in London where the wait is nearly a year for county court bailiffs.

So true, baby. When I was a self-managing LL, I definitely felt that there was a sub-group of tenants who targeted private LL, thinking they'd be a soft touch. Agencies wouldn't touch them (bad credit history etc). I think these types of tenants just learned to play the system (fake references etc) & went from property to property being a PITA.

The vast majority of renters are decent , but there's a minority who are awful and an self-managing amateur LL is very vulnerable, as OP is finding out.

As for letting agencies, it's an industry which is desperately in need of regulation. I've had a good one & a shit one - the big name chain was the worst. I'm glad to see that agencies will no longer be able to charge tenants fees in England, as it is in Scotland.

Landlords are hated and not just on here because they have commandeered a large percentage of properties which would otherwise be owned by first time buyers.

So instead of being home owners whose wages are invested in their own futures they are forced to be tenants who work to provide an income and a pension for the landlord

Treating life like a game of monopoly grabbing every house they can via interest only mortgages, forcing up prices and gobbling up the wages of people who actually work for a living

we have more freedom than most tenants. Free will decorating, painting, nails in the wall the lot. We are also allowed what ever pets we like and she's granted us permission to renovate the back yard to how we like it

Responsible adults with families and good jobs who ought to be able to own thier own homes and decorate, put up shelves do normal family things, instead have to be grateful for a few concessions.

And always the worry that the landlord will put the rent up or decide to sell and you have to uproot yourself and your children once again, worry about getting the deposit back and affording all the fees

In the area that I live there are virtually no family homes for rent, and there are lots of people wanting them. Landlords are needed to provide a mix of housing. Not everyone can or wants to buy a house.

Issue notice. The tenant is damaging things and making you pay.

The tenant had a one year old washing machine in place when she moved in but wanted us to fit a tumble dryer also.
As a compromise as a reasonable LL we replaced it with a washer /dryer at OUR expense.
Less than a year later she was asking us to remove a cupboard and fit her a dishwasher as her neighbour had done.
We refused but since then she has brought it up a further three times.
She has quiet enjoyment of her home- in three years we have never inspected the house just popped in as and when she needed a repair etc.
We rent the house out below market value as we are "saving" on the agents fees.
The move in cost our tenants NOTHING in fees.
The deposit is in the DPS scheme correctly and legally.
We have done everything by the book.
Our feeling is they are just trying it on now and I would rather they left and we decorated and put the rent up to market value and take our chances.
Interestingly we have had radio silence from them since the 11th hour non-payment email. Although we have emailed them a reply and a Sec 21 notice.
Their rent has not been paid and is normally in our account on the 1st of the month.

Whats, LL are not providing more homes though, unless they are building them. So many LLs don't even want to rent to families and there is no legal reason why they can't discriminate against families too.