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?

Serve notice before they take the piss even more.

I assume all the work to rectify things will come out of their deposit ?

We were sent, pretty much a 'to do' list from our letting agent when we vacated our rental six weeks ago. Complete with photos !

We spent a few hundred quid getting the garden, hardstanding and house up to scratch. In places it looked better than before we moved in. (Cheeky bastard LL had the agent take all new marketing photos as it looked so good.)

We got all our deposit back. Well they tried to swipe £100 out of it for some water damage to the bathroom carpet but we successfully argued that it wasn't our fault the water run off wasn't managed from the shower that the LL put in.

If we hadn't done the, 'to do' list prior to vacating the work would have been paid for out of our deposit. Therefore we would have lost any control over how much things cost.

We did have a fridge freezer that was there as a gesture of goodwill and not on the inventory. It continued to work whilst we were there. We just had to make sure it was clean as part of vacating.

Making money/not making money, it's neither here nor there as I was only trying to make a point that we aren't/weren't laughing all the way to the bank renting out a slum house to these tenants.

We let certain things slide shall I say? We have obviously been a soft touch. But demanding new flooring and refusing to pay a small rent increase is just a step too far.

If the cost of repairs, repainting etc is more than the deposit then it's going to cost you.

The longer you leave it, I suspect the worse it will get.

Basically, you've been lenient so far and they sound like takers.

Serve notice to them and even if they back down on the flooring and the ten quid rent increase, never mind.

Get them out.

Accidental or not, you are the landlord and you have a contract. If the tenants have broken the contract (or if you just feel like it) you can evict them whenever you like.

I really hate it when people try to claim they are "accidental" landlords, especially when they have gone to the trouble of getting a letting agent involved! You might not have set out with the intention of "making a quick buck", but you made a conscious decision to let out the property. You could sell it, you could let it stand empty. You claim you are "not making any money out of it" - so why let it out? Or do you mean, "the tenants are paying my mortgage" - you are gaining equity, money down the line.

They're bad tenants and you should rid yourself of them - but please remember the property is a tenant's home, it's not just bricks and mortar.

People like to think that "bad landlords" are the ones who own a huge portfolio and squeeze as much money out of their tenants ("vermin", as one such landlord once termed them) while maintaining conditions no human should live in. But unfortunately bad landlords are very often the amateur ones, like the OP. People who go into it because it just seems an easy way to pay the mortgage on a spare property in the hope that prices will continue to increase. A good landlord is firm but fair when dealing with tenants - they provide what they say, expect the rent to be paid, and will start eviction proceedings without qualm if the tenant breaches the contract. Without qualm, because they know they've been fair and because they know there are honest tenants out there who will be more than happy to move in.

Amateurs often mean well, but the process frequently causes more hassle than it's really worth.

So many breaches of their tenancy.

Serve notice and get the cheeky fuckers out ASAP. Be prepared for them to trash the place before they leave though judging by the sound of them.

Agree with everything chelle said. I detest the term "accidental landlord". It is a meaningless term. It didn't happen to you. It's a decision you made.

Also there may well be tax to pay on the rent from this year as there are changes to the mortgage interest being allowable. This might make things even tighter for you if you continue to rent it x

We're "accidental landlords" as we are overseas and want to move back into our house when we come back to the UK in a couple of years. We bought the house to live in (and did so for many years), not with an eye on rental potential.

Because we are overseas we pay a management company for full service. The rent doesn't cover the mortgage plus the management fees, never mind the months where there are additional costs. We see this as the cost of keeping our foot on the property ladder.

OP - I knew exactly what you meant when you used that phrase. Sorry you are having problems with the tenants: I think you know what you need to do...

Chelledawg with all due respect you have absolutely no idea about our personal circumstances and how we came to be in this situation.

We certainly haven't been bad landlords in that we have done everything by the book.

If you're not really making money it sounds like a lot of hassle for no gain - get them out and sell

Backiejerkhart accidental landlord is just a turn of phrase. I'm not sure why you keep bringing it back up. It was one small part of my op and I've already explained several times why I said it and what I meant by it.

I'm not going to get into a big discussion about my personal circumstances and finances. I'm perfectly aware of all the ins and outs of it all.

The point is we've behaved fairly and legally and I think most agree that actually these tenants are in the wrong.

Evict. They have no respect for you or your property

I didn't ask about your tax situation. I on,y said if you choose to sell you will be liable for capital gains tax. If it was your personal home and then you rent it, you have three years in which you can sell without having to pay the CG tax. Sell after the three years and you are liable.

I can well see that the OP isn't "making" money from this rental.

Unfortunately on here people see all landlords as the bad person.

Regarding the deposit it's actually not that easy to deduct money at the end of tenancy due to damage etc.

The deposit is held in a bond. Both parties have a code. If the landlord wants to deduct money, they need to agree with the tenant and then the tenant gives their code for the money to be removed. If the tenant doesn't agree, the landlord has to take the tenant to court to obtain the code of it is deemed that damages have occurred. This is costly to the landlord so by no means an easy way to recover costs for damages caused by tenants.

This was put in place to keep the deposit safe from bad landlords helping themselves to the deposit.

Backiejerkhart accidental landlord is just a turn of phrase.

I know it's a turn of phrase. It's a very irritating one as it doesn't mean what it implies and people use it as a "none of this was my doing" cop out instead of owning their decision to become a landlord. There is nothing accidental about it.

I'm not sure why you keep bringing it back up.

Another poster mentioned it and I responded to them.

It was one small part of my op and I've already explained several times why I said it and what I meant by it.

I already knew what you meant by it.

I did approach the Deposit Protection Scheme to ask how much it cost to rectify a dispute regarding the deposit. (They held our deposit. Other schemes are available.)

They advised the cost was £0.

However, at that point I was advised they no longer held our deposit. Hang on I thought, does that mean it's all been paid back ?

Lo and behold there was an e-mail from the letting agent advising the money was being paid back in full. I checked our bank account and there it was.

The deposit should be paid back within ten days of the tenant vacating. That's the law.

Any disputed money can be held by the D.P.S. whilst the dispute is ongoing, if there is one, but the balance should go to the vacated tenant.

I think the OP means that they didn't 'buy to let', it's come about through circumstances not as a money making project. They obviously made a choice to let out rather than to sell, but they actually could have made more money if they'd sold, depending on house prices.

You do need to get rid, OP, they've clearly been taking the micky.

PerfumeIsAMessage, even if the Section 21 Notice is served properly if the tenant just doesn't move out the landlord will still have to go to Court to get an eviction order. Then if the tenant still doesn't go the landlord will have to pay for bailiffs to enforce the eviction order.

So many people don't understand the law regarding landlords'/tenants' rights

zaphod We did put down rugs, but would have preferred to carpet as we knew we were there for the long haul.

bingo from Chelle

There's nothing worse than bad tenants.
They broke the terms of the terms of the tenancy agreement and need to be served notice to vacate the property.
I would try not to get too stressed over this as it can become a nightmare for you if you let it.
Just go down the proper legal route to get them out and all will work out in the end.

I would make sure you get a decent lawyer who is accustomed to property law and evicting tenants. It's really not an easy option these days - get yourself over to Moneysavingexpert.com and go on their Housing forum for advice.

Echoing what butterfly treat the whole situation as just paperwork and the stress will not get to you.
Serve them Section 21 and even if you want to keep the property just explain to them you want to sell the property.
Try to keep them on your side for now until they leave the property.

I wouldn't go as far as to say they are taking the piss. Ultimately it is a business relationship so try not to be emotional about it.

It is their home and they are free to live in it how they please. If they are in breach of their contract, then you take the damages out of their deposit or try to pursue them for it.

Having said that, if they have been paying on time for 3 years, I'd consider those breaches minor. A painted wall or a wardrobe door here and there is par for the course when you are running a business.

With the "refusing to pay" thing, you are negotiating a contract. You are offering the property for an increased rent, they are making a counter offer. If they are paying more, they want a new carpet.That is not unreasonable.

If it is not working for you and you can't agree terms then don't but in your position, I would be saying better the devil you know and putting the new carpet in. I've heard some horror stories and yours is far from being one.

get them out ASAP - do not listen to any sob-stories -

Talk about deja vu - I have literally just finished evicting my last set of tenants.

I had to have the place professionally cleaned (paid for by the agent) - The cleaner said it was the worst oven and carpet combo she had ever seen - basically they never cleaned in 2 years - had pets - 2 dogs & 2 cats they weren't supposed to.. smoked (and not just tobacco) when they were declared non-smokers -

Literally left on the day of eviction - with their stuff, but without lifting a finger...
Every room needed redecorating, every carpet ruined - by hot hair straighteners, nail varnish & god knows what else..cat turds behind full length curtains - with fur growing on them - the turds, not the cats..
I have since found paperwork stuffed behind radiators saying they owed thousands to utility companies.
Served them notice - of course they wouldn't leave - until they were evicted - on advice from the council - the same council that I pay council tax to (presumably they get CTB, FFS)
funny thing was that she told me, the agents and the (now very relived neighbours) that she had OCD - OCD My A**e -
Small print in letting agent contract absolves them of any responsibility - and landlord insurance isn't worth the paper its written..1000's of pounds out of pocket - it is like something off of Channel 5 -
oh and did I mention that because I spend 4 whole days redecorating myself and neglected to stay in constant touch with my (now ex-)DP on the afternoon of the second day - she dumped me by text - because "my failure to message her spoke volumes"...FFS.. - it spoke about the fact that I was either up a ladder painting or tearing down ceilings to trace a leak that had clearly gone un-addressed for months.. -
luckily I am not bitter