Tiny violins out - private landlord having trouble

[roarfeckingroarr]

I own a flat that I rent out because it no longer suits my needs to live there and I couldn't find a buyer without making a substantial loss during Covid (due to no private outdoor space).

I try to not be a dick - e.g. I charge under market rate, I don't increase the rent unless in between tenants, I get everything fixed as soon as I can (via management agency), I allow pets/children etc. All things that should be standard but too often are not.

Anyway, I have a tenant who is playing games. Every month for the last three she has had a problem paying the rent. First of all she wanted to move the payment date (fine, circs change, but she was a week after the agreed date), then she was late again, then she decided unilaterally she didn't have to pay because the boiler had broken and I couldn't get a new one installed over night. I reimbursed her for heaters to keep warm and had it replaced as soon as a reputable tradesman could install one - about a week in total. I get this isn't ideal and I offered a £100 discount as a goodwill gesture. She eventually paid.

I hate being a landlord and I am v shortly going on maternity leave with my second child so I need to sell especially as the income is now unreliable to use the equity to buy us a family home.

But I'm scared to put it on the market in case she takes that as free reign to stop paying altogether.

Does anyone have any advice that doesn't include "private landlords" and "scum of the earth" in the same sentence? I wouldn't expect her to let people traipse through her home at short notice and would hope to arrange maybe two open house mornings in Jan to minimise inconvenience - but I also expect her to stick to her side of the contract and pay the agreed rent during this time.

This attitude of "I know my rights and I won't do anything that might minorly inconvenience myself" - not just in this circumstance - seems so prevalent now and it's sad. What happened to a society of give and take? Ugh.

I completely agree with you OP. Lot a of posters justifying shitty behaviour by tenants. I was a tenant for years and paid my rent on time and accepted when my time was up in (rented property) it was up, and helped the landlord with viewings. Surely that's the decent thing to do, no?

I'm about to become a landlord now, not accidentally. Suppose I can only hope for a tenant like me!

Because you don’t want someone to sell something they own?

You’d look like an idiot.

@WombatChocolate I haven't rented it out to make money that im now using. I'm using the equity from my original deposit and what I've paid off the mortgage - from my job.

@Catwoman300 how awful, I'm so sorry, that's the worst nightmare really.

The issue with the phrase "accidental landlord" is somehow it implies you had no choice. Everyone has a choice, you just thought that renting your property out was a better choice than taking a haircut on the sale price. It was still a choice. A choice that comes with consequences and constraints. In exchange for money you decided to hand over occupancy of your property to someone else. A someone else who is a person who needs a home, not a convenient mortgage repayment vehicle.

No one "accidentally" runs a business supplying an essential service - because that is what you are doing . That comes with serious responsibilities and significant rights for the person using your business.

So what have you done with the £27,000 (at least) that this awful tenant has given you?

OP: You have mentioned an agent but not what they are responsible for. Presumably you are paying them a regular specified sum - say, a percentage of the rent - for specified services? Are you vague about the role and responsibility of the agent? Is it merely for collecting the rent and seeing to repairs, or for management of the tenancy and does that include or exclude following up on rent arrears, issuing any official notice to leave and taking any subsequent legal actions?

It should all be set out in detail in whatever agreement you signed with the agent. It would be advisable to read and understand that well so that you are clear about how to proceed either with the agent or the tenant. Agents can be very helpful and knowledgeable or very bad, especially if you aren't aware of what they should be doing or you jump in and do it yourself without realising it's their job. It's to your benefit to make full use of whatever services and expertise you are paying for.

Having read the whole thread and posted earlier I would give 6 months notice (this is what Shelter and an alternative (Lib Dens/greens?) political party was campaigning for. It gives some kindness and less risk to you. Less chance of legal fees too. I would also warn you people are still moving out of London. My DC has been gone for two years but will be coming back to the shires as London is empty and no one is working ft in an office. I am also going to warn you that if you send two unwanted letters or more this is stalking. If you are paid through an agent you should not be contacting your tenant.
I had been a tenant for 14 years (due to the crash and a burglary) and had paid £300k in rent. We were treated like scum. I would never be somebody's bank again. You don't know her circumstances and you are being vulgar by calling her insulting names. Try to be decent if you want your property back. And don't try viewings it is unlawful.
@WombatChocolate i like your style, well done on your sensible advice. A lot of people would have happier homes if Landlords were like you.

@HamBone

No, a tenant would want to prevent a sale which would make them homeless or put them through the stress of finding an affordable alternative and then moving.

Why would how they looked bother someone faced with the task of finding an affordable flat to move into in tbe greater London area?

@dreamingbohemian just lived I guess. Its expensive in London. I've put about £10k back into the flat to insulate it, fix some damp, new boiler and washing machine. Some went to support us when I was on pitiful SMP during my mat leave with DC1 and I've put some money aside for my second mat leave. Put aside £15k to support my second mat leave.

@FatMax

Excellent advice.

OP, if you want to proceed without huge delays and all the hassle of eviction proceedings while also dealing with a baby, swallow hard and pay your tenant to vacate.

I'm interested in the law on the viewings as mentioned frequently in this thread. Shelter seems to take a different view? england.shelter.org.uk/housing_advice/private_renting/what_to_do_when_you_leave_your_rented_home#:~:text=You%20do%20not%20have%20to,with%20getting%20your%20deposit%20back.

@dreamingbohemian plus tax

I was just responding to the ridiculous scenario that the particular poster was describing. Anyone who created a truly disgusting mess with dirty nappies before a viewing, for examples would risk being referred to social services for child neglect-so that would be daft and only hurt themselves.

In my case our refusing viewings and photos and for sale signs when we were evicted was not “shitty behaviour”

I had a bedbound disabled child- I’m not going to have strangers peeking round the bedroom door at them. If for sale signs are up, you also get randoms knocking on your door to try and charm you into a quick viewing.

We also had an awful LL that had flouted the law on numerous occasions putting us out of pocket for thousands of pounds doing things that were his responsibility. So I was not inclined to give to a taker.

OP, I think you’ve been given a really hard time on this thread and wanted to give a different view/perspective.

I don’t have the practical experience that posters such as WombatChocolate has with issuing notice and likely she has many more properties than I. I do have a 4 year real estate degree, 15 years working in the industry (but not specialising in residential) and have been a landlord for 20 years.

In this time, I have been fortunate enough to never have to give notice to a tenant and only once had to say that I would not renew a lease (due to a tenant causing a lot of damage) and I was very lucky that they left, despite leaving the property full of their belongings and in a terrible condition. The day will come when I need to give notice/sell but until then I am not as ‘up to speed on the notice process’ as luckily its been theoretical.

I don’t think you have done anything particularly wrong. Presumably you rented your former home to this tenant in good condition and they were pleased to enter into the lease. I’m assuming you agreed a fixed term. You didn’t agree to let to them indefinitely? With regards to the boiler, I have a good relationship with some plumbers who I use regularly. If a boiler dies, it would be unlikely I could get it replaced inside a week. I would want to use a reputable/proven boiler engineer to avoid any mistakes/repeat tradesman appointments to sort out shoddy work. They would need to inspect the boiler, make a recommendation, order the new one and get a slot booked in their very busy diary. It doesn’t matter whether this is for my own home or a tenant. All you can do in the meantime is offer a rental discount/some portable heaters.

I don’t think that your wanting to sell your property is in anyway morally or legally wrong. I also didn’t take your mention of serving notice before Christmas as ‘your being nasty’ to the tenant. The opposite, I assume that you were going to delay it until after Christmas so as not to give them bad news at this time of the year. I think you should give notice ASAP. It could potentially become a long process and the sooner you start the official notice period, the better it will be for you personally. I think it might be worthwhile having a conversation with them, to understand what they are dealing with at the moment (is it short term cash flow issues) and what their plans are (were they planning to stay in the property longer term, will they want to stay in the area, how long do they think it might take them to find another place). Unfortunately, if they are not willing to allow viewings, you’ll have to factor that in and plan to put the property on the market when they leave. As said, a cash incentive to leave could be a good option.

I always try and treat my tenants kindly, as its good business sense to create good relationships, but more so because its morally the right thing to do and I grew up in a community where people were kind and helpful to each other as a rule. I have rented in the past and plan to again in the future. If I had a good relationship with a landlord, I would be happy to agree to a reasonable no of viewings if we could agree a mutually convenient time because its part of life and sometimes a little bit of co-operation with other people is a good thing.

I wish you the best of luck with your new baby and the sale of your property.

The tenant stopped being able to pay the rent. This is what happens when the price of everything including housing goes up.

You'll be just fine, you can move the tenant on, sell your house and buy a new one.

The tenant, having handed over a significant fee to rent a house from someone who doesn't want to be a landlord could end up homeless.

Thankyou landlords for your wonderful service to this Country.

PMSL. BECAUSE YOU CAN.

I'm glad your scummy tenant is funding your maternity leave.

What a generous poor soul you are.

Roughly translated if I’m awkward and refuse the LL will more than likely have an empty property and loose rent

personally I couldn’t be that spiteful but each to there own

This landlady seems to know her rights.
I'd know my rights too if I had the misfortune of being her tenant.

But why shouldn't tenants refuse to allow viewings if they are being asked to leave so that the landlord can sell? We talk about 'give and take', but what's in it for the tenant? As far as I can see, viewings only benefit the landlord.

I can't afford to buy, so I have to rent. I like the house I live in; I look after it and I always pay my rent on time.

I live in constant fear of the landlord deciding to sell. Keeps me awake at night sometimes. It's my worst nightmare. Finding another rental property in the current climate isn't easy; properties get snapped up in an instant. Moving also costs money, and we all know how stressful moving house can be.

I understand that it's the landlord's HOUSE, and they've the right to sell if they choose, but it's my HOME and I've the right to feel upset if I'm forced to move against my will. Allowing viewings wouldn't benefit me in those circumstances, I'm sorry. It would just add to the stress. I'd rather the landlord waited until I was gone.

I'd keep paying my rent, though.

If I'd chosen to leave and gave notice myself, it's a different situation.

Renting/letting gets so emotionally charged. People's lives are so intertwined with their homes/properties; as this thread shows, it can cause huge upheaval to both tenants and landlords when a property needs to be sold.

We also had an awful LL that had flouted the law on numerous occasions putting us out of pocket for thousands of pounds doing things that were his responsibility.

@Onnabugeisha What on earth did he make you pay for?

@RunYouJuiceBitch Exactly!!
It is cheeky to try and sell when a tenant is still living there.

Btw OP, I was with you after your first post. You sound like a LL who wants to be reasonable to your tenants. Thanks for allowing pets, since so many places don't.

With the caveat that I don't know the full circumstances re your tenant's personal situation and the role of the letting agent, it seems churlish that she didn't pay the rent properly. I think a week is reasonable for getting a boiler replaced (I once lived without hot water for a few weeks in a property years ago; I wasn't a dick about it as the LL was deeply apologetic and remained in communication about it throughout).

But you did lose me when you implied that the tenant ought to facilitate viewings and that she'd be awkward/wrong not to. I understand that you have your own stresses to negotiate with this property and that she's caused you a bit of grief - but if you were in her shoes would you be keen to keep the place spotless and have strangers coming through, when at the end of it all you're going to lose your home? What exactly is in it for her? I mean, I get that you might feel she ought to do it out of friendliness and decency, and I sympathise with that, but these are tough times for everyone right now and I think the element of 'every man for himself' (forgive the sexism) is getting stronger.

It's different if you're selling your own home - you have the motivation to put up with the viewings and keep everything looking perfect.

Good luck, anyway. I hope it all works out. Agree with waiting for Christmas and the baby before tackling this again.