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.

What should she have done? Bought a second home for just in case? 😄

You'd have to, in order to show causation. Remember, the burden of proof is on the landlord.

yes and the “proof” is to call upon a professional third party… the agent.

And you have yet to demonstrate how the agents opinion on the property neither they nor the tenant had seen at that point would achieve that.

You really were completely in the wrong when you said it would be easy. The deposit schemes are not keen at all on landlords being able to withhold deposit money because a tenant exercised a legal right.

If you are using an estate agent to manage the property, you really should not speak to her, the tenant, directly. You should instruct the property manager to speak with the tenant and get their advice first as they are trained professionals.

We bought a house which had renting tenants in. They were late moving out and it delayed the whole chain right at the last minute, it was hell, pure mental torture, with others below us threatening to pull out because the had packed up their house in removals the day before and suddenly may have had no house. And paying extra to delay but retain removals etc 🙄
And often people are advised not to exchange until tenants are out so they don't stay there and try to squat. Personally I don't think I'd buy again unless renters were already out (also it was left a revolting tip because the landlord didn't check it first - there was literally food all over the kitchen floor etc)

rent a cheaper property that meant she had more of a safety net

go in to a flat share

point is - you can’t berate the Op for not planning for this but ignore the tenant for not planning for a change in her financial circumstances!

I do feel for you but as a tenant I'd never allow viewings or photos. I didn't want people I didn't know in my home, I didn't want my belongings put at risk. I'd also move out without being evicted but for some people it's just not an option.

Never planning to sell up?

No those grounds (refusing viewings and such) are not reasonable for a poor reference or claiming back some of the damage deposit.

You can say it as much as you like, you're still wrong

It would be straightforward as long as explicit in tenancy that should be allowed.

and it’s not brain science for one to reasonably presume that now allowing prospective renters to view the property rather prevents the LL from renting out the property

Nope, I’m not 😂

but I’ll bow out now. Op… all the best!

It wouldn't, and if an LL tried that 'not rocket science' argument in an attempt to make a deduction from a deposit because a tenant had exercised legal rights, they'd be laughed out.

We had this situation and paid our tenants to leave - enough for deposit and first month's rent on a similar property. It cost a lot, but saved a lot in the long run.

You are 100% wrong. My DH is a regional property manager (1 of 5 covering the U.K.) for one of the largest LLs in the country and I’ve just asked him and he said absolutely not.

How about the OP goes into a flat share? That sounds more realistic to me.

No advice from me, but you’ve got some good suggestions from PPs. All the best OP x

What happened to a society of give and take? The tenant gives rent and takes the property as their home. The law states the tenant doesn't have to allow viewings. If you want that changed, campaign for a change in the law, but a tenant is entitled to exercise their legal rights.

If a tenant is likely to have to apply for help from the council, eg because they can't find anywhere big enough and affordable, they may well need to allow the legal process to get quite a way along before the council accept a homeless application from them.

The council where I live will still help a family once the S21 has expired, but I've heard anecdotally that some councils won't help until a bailiff warrant has been issued.

I'd allow viewings in a circumstance such as this. I'd ensure that I was there. I'd ensure that the 52 children were also all there. I'd make sure to point out the mould, the gas system which screwed up etc. etc.
I'd make sure that the landlord or agency could only get photos with me and my baby surrounded by dirty nappies.
I'm just an accidental arsehole though. I didn't choose it.

Surely, being required to permit people access to your home is in direct conflict with a tenant's right to "quiet enjoyment"?

And tenants still have that right during the notice period.

I'd do a sad face and photo bomb every photo. Viewings? Hah.

😂

I'm a tenant who doesn't object to people being landlords, but I wouldn't allow viewings. I have cats that I don't want escaping and a house full of valuables - regardless of how much notice you give me, it's not happening. Tenants have a right to quiet enjoyment and traipsing a bunch of strangers through the home I pay to live in, is not quiet enjoyment. Serve notice properly and then market the property.

If she's in arrears take the appropriate steps to remedy that.

Accidental landlord or not, it is not a tenant's job to cover your outgoings. The risk you take when you choose to be a landlord is that you'll have to foot the bill for void periods. If you didn't want to take that risk then you should've sold and taken whatever financial hit that involved.

I'd point out every single fault in the property. The lack of storage space, the decor (I might even bring out some wallpaper for the occasion), I'd have the most cluttered filthy mess on display.

I might bring out a 5 year old (I'd employ one if necessary) to say that 'We can't get presents from Santa this year because we're going to live on the streets'.

I wouldn't mess with me.