Nightmare Tenancy

[Bluebells25]

First time poster. Please pardon my mistakes. I am caught up in a very difficult situation which has completely stressed me out. 8 months back, I rented out my house to a family (mother, her two adult daughters with 8 children between them) I was very worried letting out to such a large family but they were very keen, very polite and produced two personal/character references. I have been a landlord before this, had to rent out because we needed to move due to work and renting ourselves. The very next month tenants rent was overdue by 10 days, same story the next 2 months. Had an inspection if the property by agents in the 3rd month and heartbroken as my beautiful house resembled a junkyard. Got Section 12 notice issued to get property back at the end of 6 months. On receiving inspection report and notice to end Tenancy, tenants sent a long offensive email saying we were in the wrong and the property is really bad. Then Coronavirus hit. We them they could continue to stay until it was safe to move out. Next month rent paid 3 weeks late after much chasing. Then they complained about oil tank leak. Being in the midst of Coronavirus peak, we paid emergency charges to have someone take a look. Had the oil tank changed but took over 3 weeks as contractor was struggling with supply. Tenants paid no rent this month or the next. Again after chasing, paid April’s rent 6 weeks late and then just stopped paying rent all together while coming up with various complaints. Got them issued with Section 8 notice. They have finally left but owe us 2 months rent which according to the agent, they have just refused to pay. Also refused to provide their forwarding address. I called up the two people who had provided personal references. Last evening a man phoned saying he was my tenant’s Manager saying I am harassing my ex tenants and everything I have claimed is a lie and I will be sued for harassment and slander. This person happens to be there close friend as I have seen him at our property whenever we have visited (probably lived there too). I feel that it I who is being harassed by my ex tenants not the other way round. But what is your opinion, AIBU in my actions. Please help with your suggestions. I have lost my sleep and peace of mind completely. Sorry, forgot to mention, they have had no loss of income or any change in their financial position.

[Bluebells25]

@Lizs I have never contacted this Manager who phoned to threaten me. It seems my tenant or one of the references ( who used to work at the same place) gave him my number

[CodenameVillanelle]

[quote Bluebells25]@Lizs I have never contacted this Manager who phoned to threaten me. It seems my tenant or one of the references ( who used to work at the same place) gave him my number[/quote]
You didn't give the number to his company - he was given it in a personal capacity. It's not a GDPR issue.

[Bluebells25]

The strange thing is that the two references ( both ladies) spoke to me very nicely on the phone and thanked me for letting them know.

[LIZS]

Sorry am confused. I thought the referee and the manager/friend were one and the same.

[Bluebells25]

@WhentheRabbitsWentWild I had no option but to let because of financial considerations; couldn’t pay mortgage plus rent where I have moved to.

[KaptenKrusty]

That’s awful! :(

I’d probably pursue it in small claims court just for the principal of it!

But yeah in future - get a much more detailed contract - I’ve been renting a property for 5 years - there’s an inventory where everything has been photographed, any little scuffs in a wall or the floor are featured with a description!

The place is unfurnished which is great as we can’t damage any furniture belonging to someone else which I find better - if I accidentally spill something on the sofa or something it’s my property I’ve damaged!

Deffo take out any furniture that you are attached too - leave it furnished quite basic!

We also get an inspection every 6 months - done by the agency - they send someone in and they just take photos and make sure the place is being looked after.

[LIZS]

and your plans now ? do you not have to cover the void period while repairs are sorted, including ongoing bills ? Most properties would have sold last year at the right price, perhaps you need to revisit it as an option. You might find a hit on selling is worth the reduced stress later.

[Bluebells25]

@ LIZS the referees were two women, one of whom used to be the tenants supervisor. The Manager is the Store Manager who we believe is their friend and we have found him at our property whenever the agents or We have visited.

[Bluebells25]

@KaptenKrusty we have a detailed inventory. However the damages far exceed the deposit plus two months rent has also not been paid.

[sergeilavrov]

I’m a landlord too. I’m sorry this happened, first of all. However, I think you calling the references was unacceptable, and I’m glad you can see that now. Please do not go to their place of work, as I agree that is harassment.

Renting out a property is an investment and thus carries risk, and while they don’t sound like good tenants from your description, your insurance will cover the damages and usually the rent payments not paid. However, I think you can reframe this a little differently: you wouldn’t usually charge a tenant rent while their heating isn’t working. I think that’s just the right thing to do, even if it’s frustrating when you rely on the money. Try and reconsider their rent payments taking this into account, and see how much money is owed. That will help you feel more secure in whatever your decision is. Due to Coronavirus, we also gave everyone their deposits back so they would have money as they needed, and so the fact you at least have a deposit is something extra toward the fixing of your house. Ultimately, and sorry to be blunt, but just because you have costs yourself doesn’t mean that you’re assured of a positive payoff from your investment: things will and do happen, and so investing diversely such that you aren’t financially insecure will give you a lot more peace of mind.

Being a landlord isn’t easy, and I think incidents like this are what create some bad landlords. Try and remember that the vast majority of potential tenants are just good, hardworking and honest people. Treat them how you’d want to be treated: the good has always outweighed the bad for us in the end.

[Bluebells25]

@LIZS I think I have burned my fingers quite badly. Planning to put it back on the market after sorting it out.

[KaptenKrusty]

Surely though the inventory is proof that they have damaged your property then??

I’d definitely not let that go! They sound absolutely awful!

So sorry that happened

[LIZS]

Have you kept all the paperwork to file a tax return for last and this tax year? You may be able to offset some of your repairs.

[Bluebells25]

@sergeilavrov the tenants were never without heating or hot water as they were provided with alternate arrangements. I have rented for 9 years (currently renting too) and have never had any issues with any of my landlords. It’s true that things can go wrong I am unable to understand why one would want to live in your property and not pay you rent.

[MsSquiz]

What was your contract with your agent - managed or tenant find?

If it was managed, why were you having direct contact with the tenant? That's what you pay the agent for.

WRT to the deposit, if it's protected in a scheme (DPS, TDS, etc) then you just have to provide photographic evidence of the damages (before and after photos) and provide quotes for repairs & replacements.

Unfortunately, deposits are used for damages first before any unpaid rent is even considered

[sergeilavrov]

I don’t think it’s so much about wanting to live somewhere and not pay rent (though surely we’d all love to be able to do that!) It’s more about whether people can. This is especially true of a pandemic. Lots of people are struggling, and no one deserves to be homeless. As a landlord, we have one of the safest investments around where we can insure ourselves against these issues. Very few other people have that luxury, and no investment is 100% safe - I think people underestimate that when they get into it.

I agree with pp that this property is still your home, and as such you may not want to rent it out as there is too much emotion there. I hope you manage to get everything sorted out

[MadinMarch]

@Segeilavrov
Can you not have the tiniest bit of empathy for the predicament the OP finds herself in, through no fault of her own?
Theses renters have behaved appallingly, and no doubt will go on to do the same again to some other unsuspecting landlord. Probably again and again
Actually they do deserve to be homeless, or at least find it extremely difficult to rent again.
In the OP's shoes, I would hire a private detective to follow them home either from their place of work or their childrens' school, and take them to the small claims court. At least a CCJ would make me feel as a landlord that justice had been served.

[ComDummings]

Please get legal advice from a professional, following some of the ‘advice’ on here will get you in deep shit.

[ComDummings]

Deep legal shit I mean.

[Bluebells25]

Thank you @MadinMarch. @ComDummings I am thinking about seeking legal advice.

[Bluebells25]

@sergilarov This might be true for buy to let landlords as this is an investment for them. For some, who have had to let their property as they need to rent themselves this is hardly a luxury. In this situation, the tenants have suffered no hardships due to change in their income, in fact they are better off having earned additional bonuses. The pandemic has had no negative financial impact on them unlike so many who continue to discharge their financial obligations.

[tara66]

What about the deposit they would have paid when they started renting against any damages?

[dontdisturbmenow]

the referees were two women, one of whom used to be the tenants supervisor
To be honest, I expect you got in contact with them in the hope it would get her in trouble with her job.

Totally understandable, but indeed, not the wisest way to go about it.

[2bazookas]

Surely as an experienced landlord you required a deposit on entry, of at least one months rent, and since they are in areers they won't get the deposit back.

If you did not expect 11 people including 8 children to make a lot of mess I'm afraid that was not very realistic.

[Ireolu]

I am sorry this happened but I heard alarm bells at 8 children.

You can do small claims court or just draw a line under it all and look into insurance covering the repairs and trying to sell the property again. I personally would go for option 2.