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?

I'm going to join the NRLA and get advice. Hopefully if they both give me notice rather than the other way around, we can get around the 3 month period (as I'm a few days late for that - should have given notice July 1st). I didn't know about the C19 extension, thought it was 2 months.

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.

Tenancy rules and regulations have tightened up massively in the last 5 years. My understanding is that the Government does not want the amateurs and accidental landlords in the sector.

If you are a landlord you really need to keep up, and when things go pear shaped they can go very pear shaped. (But make for great voyer TV.)

I would strongly recommend either a good letting agent, or membership of the NRLA. For example did you know that for any new lease from June 20, you need a full EICR?

About £100 per year but they provide up to date contract and other templates, plus weekly updates on new legislation, and a helpline.

You may not want to be too involved with the detail of landlord and tenant law, but it has reached the stage where it is a case of keep up or get out.

Again lots of red flags. Seek advice and do it all very carefully. Make sure that everything you write will help your case if it ever goes to court. And ignore the rest.

@ChristinaRussell

I'm going to join the NRLA and get advice. Hopefully if they both give me notice rather than the other way around, we can get around the 3 month period (as I'm a few days late for that - should have given notice July 1st). I didn't know about the C19 extension, thought it was 2 months.

They can give a month's notice to tie in with the end of the tenancy fixed term, C19 hasn't changed that. It's only made the LL's duties more onerous.

Then you can issue a new AST with just her on it, but make sure you do all the paperwork properly. Good tenants can turn into nightmare tenants and if you haven't issued the tenancy correctly, a judge can easily throw it out of court (if it got that far). You should also be aware (as an accidental LL) that S21 is likely to be repealed at some point in the near future which means you wouldn't be able to evict unless the tenant were in breach of contract.

Now a fully paid up member of NRLA!

The text coming from a disgruntled neighbours who is pissed off with the noisy, dirty male tenant and his friends warning you of the situation without wanting any repercussions from said male and friends makes sense, maybe due to the history the neighbour doesn’t trust you not to inform your tenants.

You should have a clause in your agreement around anti-social behaviour.

As an accidental landlady you need proper advice, maybe contact a agent and use their ‘tenant’ find service to draw up agreements and ensure you are compliant, you can then manage it yourself if you feel confident to do so.

You are not certain the deposit was paid??

She can't end his tenancy for him.

If they are joint tenants he needs to give up his rights to the tenancy.

I'd serve notice to end the tenancy for both parties. But you'll need all the correct paperwork and notice period. It might be worth spending a bit of money to do this now. You don't need a solicitor a small local lettings agency can do this for a fraction of the cost.

You are not certain the deposit was paid??

Of course I am - I'm not THAT dim! It's with a deposit service.
I'm not certain the ex contributed to it.

maybe due to the history the neighbour doesn’t trust you not to inform your tenants.
I've established it's not that neighbour who contacted me. I don't 'have history' with the neighbour as a LL, if you see what I mean - we lived there and they were really weird about their boundary fence with it almost coming to fisticuffs (they were the aggressors) and the man cornering me when I was on my own and... oh, it's a whole other thread - and anyway this is the first time in about 3 years there has been any trouble.

@dontrecycle

She can't end his tenancy for him.

If they are joint tenants he needs to give up his rights to the tenancy.

I'd serve notice to end the tenancy for both parties. But you'll need all the correct paperwork and notice period. It might be worth spending a bit of money to do this now. You don't need a solicitor a small local lettings agency can do this for a fraction of the cost.

No, either tenant can unilaterally end a joint tenancy.

She can't end his tenancy for him.

Yes, she can. Either tenant can give notice and it will end the tenancy for both of them.

@dontrecycle

She can't end his tenancy for him.

If they are joint tenants he needs to give up his rights to the tenancy.

I'd serve notice to end the tenancy for both parties. But you'll need all the correct paperwork and notice period. It might be worth spending a bit of money to do this now. You don't need a solicitor a small local lettings agency can do this for a fraction of the cost.

This isn't true. And lets hope an agent didn't give you that advice.

All this talk about 3 months notice under Covid is irrelevant if the Female tenant has ended the tenancy in writing
It's up to her to tell her partner that she has done so and carry out the subterfuge that she's actually moving out.

@DollyDoneMore

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

I genuinely don't understand this. If someone is potentially pissing on your property and likely damaging it, why wouldn't you as a landlord want to be involved? That's a cleanliness and public indecency issue as well.

One month?

Oh God! No! You need some proper advice, right now. COVID compliant advice.

Like she has to give you a months notice. That effectively ends their tenancy, if it is joint. Then you have to do all the deposit return and start a new tenancy, new deposit etc. And that won't be wholly correct as I don't know the precise circumstances.

Please do get advice. Otherwise you leave yourself open to all sorts of legalities...

I haven't RTFT take the text serious. The female may have a suspicion she will be evicted in September due to his behaviour with the neighbours.
She might be pretending she intends to put him out.
As a landlord investigate any antisocial disruption to the neighbours they probably wanted to stay anonymous as he sounds like a rowdy lout.
Now I'll catch up RTT.

@ChristinaRussell I also don't think it was necessarily the female tenant who texted you anonymously. If they've maybe been having arguments, it might have been other neighbours in the area. I'm assuming you have more neighbours than the ones who were weird to you?

If I saw somebody peeing against a wall of house along with a bunch of rowdy friends at night, I would notify the landlord if possible. Who knows... that may have been the first or third disturbance but the texter finally told you on the third instance. Know what I mean?

If anything, another neighbour may have seen it happen and then asked the female tenant for your number to contact you anonymously.

It all seems a bit convenient that you get an anon text, right around the time you hear from the GF. Looks like she's looking for some more support from you to boot him out perhaps?

Personally, I'd be reluctant to get involved. It's hearsay, and the GF says he's leaving anyway. Unless you've got actual physical proof, or saw him damage the property with your own eyes, there's nothing you can do.

Their personal domestics are their problem.

I bet another neighbour is pissed off and the tenants knows it now she is covering her arse and you're falling for it.
At least investigate the situation don't assume it is vindictive it may be someone desperate to stop pissing neighbours with minimum hassle by staying anonymous.

I never knew one party of a joint tenancy can end it. An agent told me my tenants could not do that. Sorry for the wrong advice it came from the right place. Hope this gets sorted for you.

They are going there separate ways and at a guess both want to keep the flat on there own.
All the info about him has come from her or anon text.
would rule out neighbour they have no reason to do it anon.

An agent told me my tenants could not do that.
Which is exactly why you shouldn't trust anything they say, a letting agent needs zero qualifications. I'd much rather deal with everything myself as at the end of the day it's the LL that is liable for any mistakes, not the agent.

@Emeraldshamrock

I bet another neighbour is pissed off and the tenants knows it now she is covering her arse and you're falling for it. At least investigate the situation don't assume it is vindictive it may be someone desperate to stop pissing neighbours with minimum hassle by staying anonymous.

So call the police - it's anti-social behaviour, not anything that falls within a LL's jurisdiction.

@ChristinaRussell
So call the police - it's anti-social behaviour, not anything that falls within a LL's jurisdiction.

Really, is that true in England? (I'm assuming you're there.) Wow. In the US, generally, the landlords are responsible for that if the tenants become overly disruptive. It varies from state to state of course but the general gist is that if your neighbours repeatedly complain about you, the landlord can build a case to evict you based on damage to the property and other disturbances against other tenants / people in the area.

I think this is why I was confused earlier and asked why wouldn't a landlord want to know if a tenant is pissing on the side of their wall with rowdy friends in the early hours. That's a "quality of life" offense as well as public indecency and public health, etc.

So call the police - it's anti-social behaviour, not anything that falls within a LL's jurisdiction Are you sure about that? Is there no obligation on the landlord to ensure their tenants are behaving appropriately? When I had an issue with neighbours pissing rowdy and throwing vodka bottles I contacted the PRTB private rental tenancy board they were more than happy to assist in getting the land-ladies personal contact details so she could advise her tenants to cope on it move on she had no choice she had to deal with it.

Really, is that true in England? (I'm assuming you're there
I agree very strange.

People saying that FT can end the tenancy without permission of MT are incorrect. That's only for periodic tenancies - this isn't a periodic tenancy, it's a fixed term tenancy. Fixed term tenancies require all parties to agree. So, if this tenancy ends on September 15th, then after September 15th it changes from being a fixed-term tenancy to being a periodic tenancy. On September 16th FT can end the tenancy without the permission of MT but on September 14th, she can't.