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AIBU?

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Original poster

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

299 replies

birdladyfromhomealone · 02/01/2017 22:01

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

OP posts:
Basicbrown · 03/01/2017 11:39

The "Landlords are eeevvvillll" mantra on here gets rather tiresome.

It's not that they are evil, but they are making money often because of someone else's misfortune at either not being able to get a council/ HA house or being able to buy. For me 'evil' equates to mass murder or the like.

FGS OP just mend the bloody locks, if you serve a section 21 after they've been OK and paid reliably for 3 years you really are jumping out of the frying pan into the fire. Next time you might be less lucky.

KnittedBlanketHoles · 03/01/2017 11:43

Replacing a perfectly acceptable washing machine is not a requirement yet this LL has done so.

But then to use it as a reason why the tenant is bad and should be evicted is wrong- the landlord chose to fulfill the request. If the upgrade was within the budget for repairs and upgrades then that is the ll look out. On the other hand, the tenant asked for new carpets and accepted a wash of old ones.

The window locks are going to need replacing. OP is going to have to ensure they are replaced before cutting, or at least before re letting or they'll have complaints from the next tenants too. So where is the financial saving from serving notice?

It seems that the ll had made a value judgement on these tenants- they've dared to want upgrades to their homes and white goods, a few small breakages, fever pitch over a child breaking a lock (the ll had fitted window locks that are breakable by a child).

I see a lazy ll who doesn't want to communicate, doesn't want to use any money on repairs or upgrades (treating each incident like a favour to the tenant undertaken under duress when the ll is ultimately the one who benefits), can't be bothered to find out the basic laws before getting a tenant in and messing about with a real person's life and home. It's immoral and it stinks.

Mummyoflittledragon · 03/01/2017 11:44

The repairs to the ceiling is negligible and immaterial. The tenant should have paid for this in any case.

As for the window locks, this should have been addressed at the time you were informed they were broken if the tenants are unable to open the windows as this is a fire hazard.

It doesn't sound as if it's your responsibility to repair the window locks op but the fact you haven't in the event of a fire, you would be considered negligent op.

I really think you should use an agent and charge market rent as you don't seem to know the law and you are letting yourself be taken advantage of by this tenant. She is by no means the worst tenant you could have. The next tenant you take on could be far worse and you don't sound equipped to deal with this.

JugglingFromHereToThere · 03/01/2017 11:47

I think you could probably arrange to meet with them and talk a few things over.
See if things can be settled amicably? Talk through the rent increase and other issues.
It is their home as well as your property is kind of my thinking?

KnittedBlanketHoles · 03/01/2017 11:48

They're hopefully freaking out over what they've done,

Oh my, this is heartless- someone is about to lose their home that they've lived in for three years over a negotiation over £27 and you sound gleeful. Sad.

EweAreHere · 03/01/2017 11:52

I'm not gleeful. They are willfully messing with OP's family over this. They have bills to pay, too. And they agreed to the rent increase, then they waited two more months to spring this on them the day before the increase was to kick in? And haven't even paid the original rent amount? That is purposefully poor behavior.

If they had any real standing, they would have handled it up front, months ago, like grown ups. They didn't. And they now think they have OP over a barrel. They shouldn't and they don't.

They have brought this on themselves.

iniquity · 03/01/2017 11:52

I agree with knitted. If you have a conscious you really have to consider the consequences to this family over such a small sum of money.

MoreProseccoNow · 03/01/2017 11:53

If you rent a home knowing that it doesn't have a tumble dryer, that's your shout. But to then turn around and ask the LL to buy one is taking the piss.

If you break or damage things in your tenancy, you repair/replace. We broke the clothes dryer in our last place & replaced it. No biggie.

Hopefully OP has a watertight inventory at check-in & can deduct from the deposit for this. But it sounds like she has already borne the cost of these already & may not be aware of how detailed inventories are required to be.

thatdearoctopus · 03/01/2017 11:55

KnittedBlanket You clearly have an agenda here, but I don't think you're being fair to the OP who is obviously not the LL who has offended you in some way in the past.

Back off. It's attitudes like yours that make reasonable people decide against letting out their properties. And that's good for no one. If you need to rent, you need to rent. It's not the LL's fault if someone else can't afford to buy.

The OP sounds perfectly reasonable and these tenants sound demanding and entitled. As do you, frankly.

KnittedBlanketHoles · 03/01/2017 11:55

This is so sad. This tenant might have no idea that they've been perceived to be such a problem, from their perspective they've made a few requests and a few negotiations, a few errors over a few years, paid their rent until now. Now they've entered another negotiation, perhaps pitched a bit wrong and unwisely but could be fixed by communication by the landlord. Instead they're being served notice, ultimately over a negotiation over £27.

I don't think ll are evil, I don't think this tenant sounds faultless, but do I think the natural conclusion or next step in this relationship should be someone losing their home? No way, not before all other avenues have been explored starting with communication.

Jjou · 03/01/2017 11:56

It's not 'just' £27 though is it? They haven't paid the LL £900 this month.

thatdearoctopus · 03/01/2017 11:57

Oh my, this is heartless- someone is about to lose their home that they've lived in for three years

And that is purely because of their own actions in refusing to pay rent for this month (any rent, not just the newly-disputed increase). They've been bloody stupid.

thatdearoctopus · 03/01/2017 11:58

but could be fixed by communication by the landlord.

The LL has tried communication and the tenants have ignored it.

Formerpigwrestler9 · 03/01/2017 11:59

We are not talking about losing a bid for a vintage handbag on ebay

This is someone losing their home, sanctuary, place of safety

Does it even feel like a home when the landlord may just declare 'off with thier heads' at any moment and the S21 lands on the doormat

Jjou · 03/01/2017 12:01

Well they shouldn't fuck about and withhold rent then should they? Jeez.
They could have communicated with the LL earlier about both the rent increase and the minor repairs that need doing, but they went in heavy handed and fucked it up. This is the LL's fault how?

thatdearoctopus · 03/01/2017 12:01

This is someone losing their home, sanctuary, place of safety

For which they need to pay rent. On time. First rule of adult financing is to ensure you pay the rent/mortagage before anything else.

EweAreHere · 03/01/2017 12:01

Could you immediately come up with £900 that was expected at a minimum, knitted, to service your mortgage/pay your bills? Possibly for several months running...?

Because that's what the tenants appear to be happy to do to OP.

Yes, ultimately this may get worked out. But serving notice on them was the sensible thing to do under the circumstances. If OP allows them to stay on, a new understanding should be spelled out in their rental agreement re damages (who pays if tenants were responsible/careless) and reasonable access to fix things the tenants asked to be fixed (like being in or granting access), and a call out charge if they continue to lock themselves out, etc.

iniquity · 03/01/2017 12:02

Jjou, I think they are only withholding the £27 rent increase.
If it was the full amount I think it would be more reasonable for the LL to serve notice.

Formerpigwrestler9 · 03/01/2017 12:03

Back off. It's attitudes like yours that make reasonable people decide against letting out their properties. And that's good for no one. If you need to rent, you need to rent. It's not the LL's fault if someone else can't afford to buy

Do as your told now knitted, thedearoctopus has spoken

Are you the MN police now octopus?

Jjou · 03/01/2017 12:03

OP says upthread they haven't paid anything this month.

KnittedBlanketHoles · 03/01/2017 12:03

The LL has tried communication and the tenants have ignored it.

Perhaps I've missed the communication- I've posted from the perspective that the tenant entered negotiation (from an unreasonable position, yes I agree the tenant is being unreasonable to withhold rent), then the landlord served notice, no communication in between. My mistake if I've misread.

I don't have a personal agenda. However, I do have an ideological view point that housing isn't just the same as any other financial investment- well, it shouldn't be.

Just that really.

thatdearoctopus · 03/01/2017 12:04

Their rent has not been paid and is normally in our account on the 1st of the month.

That implies to me the whole rent.

JacquesHammer · 03/01/2017 12:05

Jjou, I think they are only withholding the £27 rent increase

Even so they're holding this previously agreed increase over the LL's head over the painting of a ceiling which the LL had already tried to do once and the tenant "forgot".

thatdearoctopus · 03/01/2017 12:06

And what's your issue, Pigwrestler? Who's policing the thread? Are people not allowed opinions on here anymore?

Knitted was having an unnecessarily aggressive go at the OP. I object to that, which I'm perfectly entitled to do, as a poster passing by.

Formerpigwrestler9 · 03/01/2017 12:09

Knitted was having an unnecessarily aggressive go
You accusing others of being aggressive!
How very ironic😁

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