I've had an anonymous text about my tenant

[ChristinaRussell]

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?

Well for a start the notice period from a LL is two months, not one.
Incorrect. It's currently 3 months (Coronavirus act 2020).

I suggest you read...
forums.moneysavingexpert.com/discussion/comment/67759913

@BumbleBeee69

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

OOoOoh like

I couldn't work out how to do this - it only seems to want to use people in my contacts list

What happened me OP was that after that event, I got a non-mol order, but discovered that I couldn't cover his half of the rent as well as my own. To add to that, I had had to take a week off work as I was black and blue. I was on a temporary contract, which unsurprisingly was not renewed a few weeks later. So, I find myself, with a landlord breathing down my neck as we were jointly and severally liable for the rent (meaning that he could go after either and/or both of us), but he chose to go after me. He got the police out to witness him serving an eviction notice and he was SO FUCKING NICE (the landlord) to them. Butter wouldn't melt. In the heal of the hunt, in a state of desperation, I took cunthooks back and flitted in the middle of the night. The detective in charge of my case was so annoyed with me for refusing to take it further. But it was his officers who had attended, and a court who had banned him from the property, so I felt ganged up on. So, what do you do? You go back to cunthooks.

God help her - I really feel for her. There again, you need to protect yourself. I would seek legal advice, but have a heart too.

@DollyDoneMore

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

Well, quite!

Was just about to post about it being harsh on her to evict her too so I am so glad to hear the you will give her a chance to stay on under a new tenancy OP. Totally agree that it needs to be handled strictly according to the law, realising that it may need court eviction in the worst case. But he would also lose any good reference so hopefully he would not be arsehole enough to let it come to that, and even if he did, she is still not to blame for his behaviour.

Its utterly shit to fear losing your home as well as being abused or badly treated. I know that too well.

GimmeAy so sorry you went through that. Hope you are safe now

Glad you are going to get legal advice!

(And, as others have said, ignore the anonymous text. It's anonymous. Enough said. )

Don't get involved. If you get involved this time it will just keep getting worse - you'll start getting more texts and more dramas...you're the landlord and nothing else.

I'd consider handing it over to a lettings agent if you can.

The quickest way to get him out would be for her to give you notice to quit. She can do this unilaterally and it will end the tenancy for both of them. She can't do this until after the fixed period expires. She needs to give 4 weeks or longer if the tenancy agreement says so.

Once the notice period expires he can be evicted without a court order and you can give her a new tenancy.

This could get nasty though if he doesn't want to leave.

I couldn't work out how to do this - it only seems to want to use people in my contacts list You need to save the number to your contacts list as anything you like - call it 'mystery number' for example. Then search for that in your Whatsapp contact list.

[quote Slippy78]Well for a start the notice period from a LL is two months, not one.
Incorrect. It's currently 3 months (Coronavirus act 2020).

I suggest you read...
forums.moneysavingexpert.com/discussion/comment/67759913[/quote]
Ah yes! I'd forgotten about Covid!

My insurance covers legal help so I will call them on Monday.

Those of you massively disapproving of my not knowing every nut & bolt of property law - I am not a professional LL, fell into it completely by accident. My first tenant was a doll and I heard nary a peep out of him for 2 years and up until now these tenants have been fine too. I have the requisite gas & electricity checks (even though the electricity one was not mandatory at the time). I sought advice as to how to help my tenants during lockdown although luckily they didn't need it. I fully expected just to let this lease roll on as it is; unfortunately I now have a situation not of my own making and I have to separate her personal issues from my legal obligations and make sure everything is done properly.
When it comes down it, notice/leases/deposits blah blah are really all that I can reasonably deal with - if she doesn't want her ex there she needs to manage that herself. She has family locally so she's not alone.

[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]
Please go and do some research yourself (not on mumsnet) about the legalities of tenancies. I don't know if you're doing anything dodgy with this, i don't Think so, but you must understand the law otherwise you could find yourself paying hefty fines.

@thecatneuterer

I couldn't work out how to do this - it only seems to want to use people in my contacts list You need to save the number to your contacts list as anything you like - call it 'mystery number' for example. Then search for that in your Whatsapp contact list.

Oh my god it worked! No name unfortunately, just a photo. Not the weird neighbour though and I don't recognise her.

I fell into becoming an accidental landlord. I have legal training. I got myself a professional letting agent straightway. It's a minefield. Lots of different rules and regulations to abide by. It's not a job for the amateur (and I don't mean that in any way condescendingly - it includes me!) any more.

I had family locally too - all of whom wanted me rid of cunthooks - but they were not willing to put their money where their mouth was and help me out financially, so I ended up taking him back.

I wonder, and this is just a notion, whether YOU yourself could take out a non-mol order on him at your property? I would really really check her ability to pay the full rent on her own, as that was my issue.

@CodenameVillanelle

I got verbal advice from a relative who's an estate agent, and used a standard lease template - can't remember the source, it was ages ago. Placed the deposit with a specific deposit service. Ran credit checks. I have the required utilities certs, smoke alarms, carbon monoxide detectors etc. I did loads of research to set everything up. I would have gone through an agent but both sets of tenants came to me via personal recommendation.

I wonder, and this is just a notion, whether YOU yourself could take out a non-mol order on him at your property?

No she wouldn't be able to do that!

@ChristinaRussell

My insurance covers legal help so I will call them on Monday.

Those of you massively disapproving of my not knowing every nut & bolt of property law - I am not a professional LL, fell into it completely by accident. My first tenant was a doll and I heard nary a peep out of him for 2 years and up until now these tenants have been fine too. I have the requisite gas & electricity checks (even though the electricity one was not mandatory at the time). I sought advice as to how to help my tenants during lockdown although luckily they didn't need it. I fully expected just to let this lease roll on as it is; unfortunately I now have a situation not of my own making and I have to separate her personal issues from my legal obligations and make sure everything is done properly.
When it comes down it, notice/leases/deposits blah blah are really all that I can reasonably deal with - if she doesn't want her ex there she needs to manage that herself. She has family locally so she's not alone.

Falling into landlording by accident is not a good idea. I know it happens frequently, but it also means the LL is rarely educated about their duties until the shit hits the fan and they need to be.

I would strongly recommend joining the NRLA; you'll get access to their advice line which is as good as legal advice since everyone on there is a property specialist and it's far cheaper. Your insurance may over legal advice but you may also find your premiums go up next year.

And remember that if you do issue a new AST, you need to reprotect the deposit and serve all paperwork as if it were a brand new tenancy. In addition to everything which already existed, there are now five year electrical certificates which must be issued, mandatory by law, which apply to all new tenancies from 1 July.

I would really really check her ability to pay the full rent on her own, as that was my issue.

I ran a credit check before she moved in and it was fine. She has a good job (not high-flying, but steady). She says she has been covering the rent most of the time anyway and it does come from her bank account.

Oh I don't know... they haven't been a bother until now. I don't want to seem hard-hearted but whilst I sympathise with her I don't really want to get involved with her personal life.

The irony is, there's a potential tenant waiting in the wings who is desperate to move in - she came to see it but the other couple had first refusal. She texts me every now and then to check whether it's available...

In addition to everything which already existed, there are now five year electrical certificates which must be issued, mandatory by law, which apply to all new tenancies from 1 July.

I got one of these last September

Best advice I was ever given was "Never take action on an anonymous complaint". I suggest you do nothing.

I would issue a new AST with a specific clause excluding the man from being allowed in the property. Possibly unenforceable but worth a go.

I'm afraid that as a landlord you DO need to know every bit of property law, or pay for advice.

correct - there is nothing a landlord can do to police how tenants behave. You can only do one thing, which is evict. That could take up to a year at the moment.

as someone mentioned, if the tenancy is no longer in a fixed term, she could give notice for both of them and you then start again with just her. If you want rent guarantee insurance she'll need to be re-referenced.

Join a land association like NRLA the membership is tax deductible (Under £80 annually) they are brill they have forum advice line paperwork current law etc - they explained to me how to fill in a section 21 & what steps to take etc - I didn't need to use solicitor (I had a tenant from hell- it happens no matter how careful you are - I wouldn't evict someone unless there was major issues, I prefer to work with people)
I would keep in contact with her & perhaps visit her again (giving notice of course - I contact tenant & we arrange a mutually suitable time - usually giving them about 2 weeks notice)

@loveisagirlnameddaisy cross post! I think a lot of NRLA!