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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

I've had an anonymous text about my tenant

150 replies

ChristinaRussell · 04/07/2020 16:40

Some background as it gives weight to the claims in the text:
A young couple have been renting a house from me for nearly a year (it's my only rental property and I'm kind of an accidental landlady). A couple of weeks ago the woman contacted me wanting her partner's name taken off the lease as they had split up and she really didn't like his behaviour - drinking too much, being argumentative, not paying his share etc. The rent has always been paid (on time) from her account and she has a steady job. They're currently both still living there but he is going to move out and she will renew the lease solely under her name as she really likes the house and wants to stay.

Anyway, this afternoon I receive an unsigned text complaining about the man's behaviour - he was seen urinating against the wall of the house, and he and his friends were allegedly being very rowdy and unpleasant. I don't like receiving anonymous messages on my personal number so I challenged them as to who they were but they refuse to say, just that they 'think I should know what's going on'. My suspicion is that it's the NDNs who we've never really got on with; not sure how they'd have my number but it's possible I gave them it years ago when we first bought the house. That's a side issue though. Had I not had the conversation with the female tenant earlier I probably would have dismissed it, but it does all fit. I've asked her (female tenant) for her partner's phone number so that I can berate him directly, and she's sent it. And now I don't know what to write to him! It pisses me off that he's abusing my property in this way but then again he's leaving in a couple of months anyway. And as a landlady I can't police his verbal or moral behaviour, can I?
(By the way, I haven't completely disregarded the thought that it might be the FT texting me anonymously from another phone in the hope that I'll evict him before the lease is up. She was pretty quick to respond and give me his phone number).
Should I say/do something? And if so, what?

OP posts:

Original poster

ChristinaRussell · 04/07/2020 17:55

Berating the man might not be a good idea, he could come round to your house to berate you. In any case, he is likely to deny it.

Luckily I live 70 miles away!

I would be willing to bet that the message came from FT, otherwise why would they want to remain anonymous.

I know what you mean, especially as I haven't heard from the anonymous one since I told FT, but she must realise - given previous convos we've had - that had she simply said to me, "Look, I know I said I could live with it for a couple of months but he's acting really badly and I need him out now" I would do my best to help her. If it is her it could really backfire as I'm now thinking I'd be better off them both going at the end of September.

OP posts:

Louise91417 · 04/07/2020 17:57

If tenancy is up at end of september id be sending them both a letter next month to tell them you are not renewing their tenancy..either of them...game playing going on here...sounds like hes refusing to move outand she wants you to do the dirty work..good enough reason to get rid of both..

Original poster

ChristinaRussell · 04/07/2020 18:00

Thanks for the thoughts and advice everyone... very useful x

OP posts:

Slippy78 · 04/07/2020 18:03

If tenancy is up at end of september id be sending them both a letter next month to tell them you are not renewing their tenancy..either of them

That's not how tenancies work. A LL can never end a tenancy, only the tenants or the courts can do that. If the tenants (either of them) are still in residence the day after the fixed term ends then it automatically becomes a periodic tenancy.

Haffdonga · 04/07/2020 18:04

[quote WhySoSexist]@Haffdonga I would really really recommend not doing this. Whilst it would seem like a really sensible thing to do. If FT has sent this text then it will massively encourage her to involve OP more and more and use her as a pawn. It could cause real issues down the line if there's a dispute and it looks like OP is all buddy-buddy with FT and unfairly targeting MT.[/quote]
What about sending the text to both MT and FT with no singling out?

Dear Mr x and Ms Y I have received a complaint about unacceptable, loud and antisocial behaviour at 123 address etc

So she has the paper trail without seeming to be in cahoots with FT?

mumwon · 04/07/2020 18:04

another thought
single person living by themselves is entitled to -reduction in council tax & perhaps some benefits (income dependent)
I wonder...
Perhaps they think if you take him off the lease they will be able to claim more money & he can claim as (not) living elsewhere

loveisagirlnameddaisy · 04/07/2020 18:06

@Louise91417

OP, you do know that this is just not possible? You can't evict a tenant with one month's notice, currently it's three (under Coronavirus legislation). And regardless, only the courts or a tenant can end a tenancy - you can supply an eviction notice but the tenant can easily ignore it.

It doesn't sound like this is the intention of your female tenant, but your male tenant is under no obligation to move out in September. The end of the fixed term doesn't mean the tenant has to leave, it means the tenancy then changes to a statutory periodic and you have to serve the appropriate documents.

If you are an accidental LL, please get advice. You give the whole LL community a really bad name otherwise.

Squidwitch · 04/07/2020 18:07

Bit harsh to get rid of the female tenant too! She tells you what's going on, then people are suggesting you evict her? Glad the people who think this aren't tenants themselves! If you set aside the anonymous text, you've basically got a female tenant wanting to get shot of a dickhead partner and secure herself in a property she's happy in. Pretty sure everyone shouldn't be blamed for the behaviour of their partner! Imagine if women had to give up their driving license coz their partner drove like a twat

GimmeAy · 04/07/2020 18:10

Having been in an abusive relationship, once my 'partner' knew that I wanted him out, he dragged me out onto the lawn (my next door neighbour worked at the same company as me) shouting - "look at her now" Up until that point, my poor NDN's would probably have heard the domestic violence but never witnessed it.

It's very believable to me that he now wants to shame her to the neighbours to get her evicted or to embarrass her into leaving.

My ex was an utter cunt and unbelievably I took him back after that - and several times after too.

I would tell your female tenant that you've received the complaint, that you support her in kicking cunthooks out and that you'll have no issues with her future tenancy, perhaps with a proviso that he is not allowed onto the property.

But yeah, haven't read the full thread, but my guess is him trying to destroy her.

Intelinside57 · 04/07/2020 18:13

Op, you need to get familiar with what your responsibilities are at the end of the tenancy. Hopefully you had an inventory and condition report at the start and will be arranging for the property to be checked before you release the deposit. Are you planning to take a new deposit when you start the new agreement? You should. Do you have good landlords insurance to cover you for any problems, for example if the rent stops being paid or there is a lot of damage to the property?

Original poster

ChristinaRussell · 04/07/2020 18:14

If you are an accidental LL, please get advice. You give the whole LL community a really bad name otherwise.

It wasn't me who suggested evicting them!
I'm actually a very nice LL.

OP posts:

Intelinside57 · 04/07/2020 18:14

Oh, and the anon text - you just reply advising them to contact the police if they have any problems. You're not your tenant's mum.

PurBal · 04/07/2020 18:16

It's not your responsibility. If the neighbours have an issue with the tenant they need to contact the police not the landlord.

ComeBy · 04/07/2020 18:16

I would send them both a letter, as they are both tenants and ought not to be causing trouble for the neighbours. I would say you have had a complaint that he has been seen urinating and that he has been seen hosting friends who are noisy and rowdy.

Tell them both that you are not prepared to accept this behaviour from tenants and if there is a further complaint you will take action against them.

It might steer him towards better behaviour, or give her a reason to say 'you need to leave now' or he might just leave before he gets a bad reference as a tenant.

GimmeAy · 04/07/2020 18:17

Should mention that he dragged me out by my hair, screaming at the neighbours - 'she doesn't look so good now does she'. I managed to get away that time and he drove off drunk in my car, searching for me, but I got around the corner and banged on the door of a neighbour who I had never seen before or since, who let me in. I was fucking petrified as I had already taken quite a hammering. Police came and spoke to me and he arrived back in the car and they tried to arrest him. They had to kneel on him on the lawn out the front, in full view of every neighbour in a sort of semi-circle formation. I actually made a statement about that one and then well, went back to him. I was so fucking weak inside - I literally thought that I couldn't survive without him.

Please try to be nice to your neighbour but maybe ask that in order to maintain the lease that she gets a non molestation order on him, so that he cannot go near her/your property.

Ursaminor · 04/07/2020 18:17

You need legal advice about issuing a formal notice to quit - to make sure the proper process is followed to get them out at the end of September. Just because the lease ends doesn't mean you automatically get the property back then. Ending tenancies can be a tricky business if the sitting tenants decide not to play ball.
Stage 1: Formal notice to quit process.
Stage 2: Setting up new lease with new tenant (even if it is your current tenant - treat it as a completely new transaction).
Protect yourself - legal advice needed!

Original poster

ChristinaRussell · 04/07/2020 18:19

When I saw her in person last weekend (he wasn't there) I said to her that she was doing the right thing in getting rid as behaviour like that would only get worse.

I will seek legal advice - I think I'm happy for her to stay as she assures me she can afford it and I haven't had a problem with her before now. I offered them a break if they needed it during lockdown but she said she was fine. But I definitely would prefer to end the current lease once the term is up and start afresh without him on it.

OP posts:

DarkDarkNight · 04/07/2020 18:20

As you say your neighbours are a bit weird anyway I’d assume it’s off them. Your tenant has already approached you about her boyfriend moving out so I wouldn’t bother her about it.

I’d respond to the text saying you can’t do anything with anonymous information, it could be from anybody acting vindictively after all but if they have a legitimate concern you could ask them who they are and what their connection is.

Original poster

ChristinaRussell · 04/07/2020 18:20

@Intelinside57

I have LL insurance.

OP posts:

Original poster

ChristinaRussell · 04/07/2020 18:22

@GimmeAy So sorry you had to go through that

OP posts:

SeasonFinale · 04/07/2020 18:22

He won't have to leave but if he does so voluntarily at that point you can enter into a new AST with her. You may need to speak to her to agree that you serve notice on them both and again if he goes voluntarily then enter into a new AST with her. Either way the deposit will need to be returned or transferred to the new tenancy with his agreement.

Don't assume he will leave just because she says so. If he wants to leave you could release them from.the current tenancy and issue a new one to her. But this all.assumes he will be cooperating

BumbleBeee69 · 04/07/2020 18:24

Can you start a whatsapp chat (dont send) with the anonymous number, and see if a photo or details come up?

OOoOoh like

SuckingDieselFella · 04/07/2020 18:24

I would be worried about him trashing the property.

Ask her to video each room so that you can 'sort out repairs' before the start of her sole tenancy.

thecatneuterer · 04/07/2020 18:25

[quote ChristinaRussell]@WhySoSexist The lease was for a year and it runs out at the end of September. I will give them both notice a month before and draw up a new lease with only her name on it. Do you know much about tenancies etc? I'd appreciate your advice on this if so. (I didn't go through an agent)[/quote]
Well for a start the notice period from a LL is two months, not one. And it has to be served properly. And you have to show that you have issued them with all the correct papers at the start of the tenancy (eg How to Rent Guide, copy of Gas Safety check). As you don't know what you're doing I would suggest either going to a solicitor or, at the very least, joining the NRLA and spending a couple of days studying their website and using their forms and guides.

DollyDoneMore · 04/07/2020 18:27

Your his landlord, not his mum. Why should you be policing where your soon-to-be-departed tenant is pissing?

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