To think the tenants are taking the mick?

[Horriblehistories]

We let a property, accidental landlords so not making any money out of it.

Before the property was let it had been completely renovated, including new kitchen and bathrooms, new flooring throughout, insulated, garden done, new boiler, fitted wardrobes all decorated neutral, you name it it had been done.

Managed to rent it out straight away at a competitive price, furthermore although it was rented as unfurnished, we gave the tenants several items of furniture including a brand new bed, fridge and washing machine, on the understanding that we weren't responsible for replacing them.

3 years on and not only have they broke the contract as we specified no pets, and it turns out they have several pets, we said non smokers but they are smokers, but never mind. On inspecting the house it is dirty and cluttered, they've painted walls they weren't supposed to and changed wardrobe doors. Ok, nothing that can't be put right.

Then they started demanding new flooring 1.5 years in because they said that the carpets were dirty and dusty. We said no, because the carpets were brand new when they moved in and it was their responsibility to keep them clean.

Then the fridge broke down and they demanded we repair it, dh tried to fix it but couldn't, it was in the contract that this wasn't our responsibility, they complained that they wanted a new one.

3 years on we've never increased the rent, but we have said we are now going to increase only by £10 a week, they are refusing to pay because of the carpets.

They are taking the piss right?

The one and only time he had tenants that he wanted to evict for something, non payment of rent I believe, he told them he was going to have the windows replaced and it would take a day.

So the window 'company' arrived took out all the windows and then left! He the told them there was a problem and they couldn't replace the windows and didn't know when it would be finished.

So the tenants had to make other arrangements, he changed the locks and voila tenants gone! He was kinda ruthless tho!!!!

Erm... Illegal eviction and completely and utterly against the law!!

Slumlord more like :(

It's capital gains tax and it's up to 28% of the profit.

However we don't have to pay because that was our main residence.

You need to serve notice, standard section 21 and 2 months.

You will need to get in there, get it fixed up again and potentiall re-rented.

I don't understand why anyone has felt the need to ask you about your tax position.

However, your course of action now is to serve them notice. No tenant has to agree to a rent increase and in the light of their breaches of the tenancy agreement I would just get them out. Be prepared for a fight and for them to trash the place though. They appear to have treated you with contempt and as you haven't acted over their pets, smoking, dodgy redecoration, etc you have come across as a soft touch. Take legal advice to ensure you serve notice correctly.

Accidental or not, as a landlord the buck stops with you to ensure the letting is legal: have you protected their deposit, had an annual landlord's gas safety check, given them a copy of the guide to renting, etc?

OP - do get legal advice as you may be able to evict them other than by a s21 notice and it might be quicker and more straightforward.

3 years on we've never increased the rent, but we have said we are now going to increase only by £10 a week, they are refusing to pay because of the carpets.
They can't not pay increased rent because of this issue. Not paying rent could lead to eviction.
So increase the rent and then if they refuse to pay the increase then you can start eviction proceedings.
You would also be within your rights to ask for an increased deposit to cover for damage caused by pets.
The estimated lifetime for a carpet in a rented house is 10 years so 3 years is definitely BU.

Agree with everyone else. Give notice, get them out, sell up.

Also accidental landlords so not making any money out of it.

You are getting your mortgage paid! Of course you are making money out of that!

putyourclotheson your acquaintance performed an illegal eviction and shouldn't be allowed near the lettings market. Scumbag.

I take it you didn't do regular inspections/have an agent?

I'm a tenant, I have an amazing relationship with my landlord, but I have never, in 9 years demanded a new carpet! We have replaced some carpets ourselves, but will leave them when we go. We also have permission to decorate as we see fit.

If it's in my contract and I want to do it differently I ask first!

I also have a house, which I'm renting out so see from both sides. I've tried to mimic the relationship I have with my LL with my own tenant. It seems to be working so far :)

I'd genuinely want people that are so difficult out. The rental market is huge right now, you could have new tenants in weeks if you choose not to sell.

Yes, we have an agent, their deposit is in a deposit scheme, we have done everything by the book. The agents did inspections which is how it became apparent they had pets and smoked. Also dh has been in to see the carpets. We've done all the gas safety checks we have done everything by the book.

The reason I mentioned being accidental landlords is meaning we weren't just out to make a quick buck renting out a dodgy house.

We haven't made any money. I don't want to go deeply into our finances but when you take into account the costs involved in renting out even if you take into account any increase n value of the property, we haven't made any money.

I'm also a soft touch but even I think you should give them notice.
Of course the tenants will be given notice. It's illegal not to, and there's no way you could instantaneously evict anyone, even if you wanted to.

Imagazing I think you've misunderstood that comment.

Capital Gains tax varies depending on what you earn. There are also deductions that can be made as it was OPs home (check with a tax advisor as potentially you could pay nothing).

As for the tenants - get rid. Join NLA for £100 and use their free advise line and forms. It is vital you do it all properly or the courts wont evict them. Hopefully it wont come to that and they will move out after the 2 month notice period if not before

We're temporarily landlords while we are living abroad and renting out our home.

I would have ended their tenancy as soon as I discovered the smoking and pets personally.

we haven't made any money.

You've made the rental amount minus agency and maintenance costs.

Horrible histories
Maybe I have misunderstood your comment, and it was in the context of the previous post which has been deleted, and which I didn't see. Apologies if so.

Welcome to the world of being a landlord.
Just naive to expect tenants to look after your property.

This is the very thing that deposits are intended for.

Every change they have made and any damage done by their pets is deductible and you have every right to evict them as they have breached the tenancy agreement.

The one and only time he had tenants that he wanted to evict for something, non payment of rent I believe, he told them he was going to have the windows replaced and it would take a day.

So the window 'company' arrived took out all the windows and then left! He the told them there was a problem and they couldn't replace the windows and didn't know when it would be finished.

So the tenants had to make other arrangements, he changed the locks and voila tenants gone! He was kinda ruthless tho!!!!

That's disgusting. Hope he got sued!

Blackie but that's not necessarily profit. The OP mentioned that the property was mortgaged. The rent might only just conver mortgage and maintenance.

So when your agents discovered the problems, did you take it up with the tenants?

Because that would have been a better way to deal in the first place. Once they've been allowed to take an inch, they're going to go for the mile.

If the op hadn't been renting out the house, she would have been making a substantial loss on it by paying the mortgage. Not making a loss is also making money. It doens't have to be massive profits, otherwise a huge number of businesses would have to close down.

You can serve a s21 notice for any reason whatsoever, so get your agents to check the tenancy agreement and get it served.

You might well evict them and get worse tenants

Blackie but that's not necessarily profit. The OP mentioned that the property was mortgaged. The rent might only just conver mortgage and maintenance.

So how would the mortgage be paid if OP wasn't letting her property? She would have to pay it out her earned income. Meaning the money she is getting from rent that covers her mortgage means she is saving that amount in her earned income. Just because rent literally only covers the mortgage and letting costs doesn't mean OP isn't making anything.

These tenants are taking the piss and you'd be best serving them notice.
They're CFs having pets and then asking for new carpets as the existing ones are dirty and dusty.
In my properties, I always add into the contract that any carpets should be professionally cleaned at the end of the tenancy.
I wouldn't bother pursuing the £10 increase, or getting into any other discussions with them about the fridge etc. just serve the section 21 notice, and take the repairs, cleaning and redecoration etc out of their deposit. The fact that they smoked and kept pets in breach of their contract should go in your favour, although you should make it clear now to them that you haven't given retrospective permission to do so.