Tenant/Landlord problem ! Anyone know about this stuff ??

[scatterbrain]

Does anyone know about landlord/tenant issues ?

My friend has a flat that she rents out - there is a bit of damp in the flat and her tenant is being extremely demanding ! Basically she has bent over backwards to meet his demands - which are ridiculous ! such as he wants the bathroom decorated as it is looking a little tired - but it was only done two years ago !

She has been to see the flat with the agent and he is exagerrating the damp problem - the agent agreed. The last tenant also complained about the damp patch and my friend had an expert in who said there was no inherent problem with the flat - but it was a "lifestyle" thing - in that the double glazed windows don't have vents, the tenants don't open the windows enough and dry clothes on airers. So - the flat has become damp. That report recommended that she bought a dehumidifier - which she did. That tenant then moved on and the current chap moved in.

He has been a pain since the start - always asking for stuff and hassling her.

Anyway to cut a long story short - she was getting so stressed about it she has decided to serve him notice to quit - then she was going to get the damp sorted out, and relet it.

Anyway - the tenant has said he is going to sue her !
Not at all sure what for - I suspect he is bluffing - but does anyone know if he can do that ? He said something about the costs of having to run the dehumidifier !

Does anyone know ??

TIA

Don't know about wether he can sue but I do know that I had a dehumidifier fitted in a flat I lived in as it was damp and I questioned about the cost and was told it was so low I wouldn't notice and that was right, my electric was on a card meter so i could check it all the time and it made no difference at all.

Have to also say though that the dehumidifier didn't make much difference to the damp either.

Never heard of that one tbh, was the humidifier cost specified in the lease?

Decorating doesn't always alst more than 2 yeras, especially if the environment is humid. The landlord IS responsible for keeping the flat up together, I have been a landlord and now have one and its always been something thats just sorted. OTOH, when we have wanted it tidied but its not in need as such, we have always offered to do it ourselves and that ahs been gratefully accepted.

She will need to see the CAB about the tenant, however 2 tenants complaining about the same isues raises alarm bells for me.

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She has a duty to keep the flat habitable and maintain the decor as originally accepted. tbh a bathroom could tire quickly with all the steam and use unless it is properly ventilated - we had to replace a bathroom carpet twice within 4 years in ours as it and the floor panels had rotted with dripping bodies. Fully tiled walls and vinyl floor are much harder wearing. Two complaints about damp suggest it is a problem and he could call in Environmental Health but can't see what he'd sue over. It probably wouldn't cost much to fix especially if it were just a paint job and an extrator fan in the bathroom might alleviate some of the problems in the future whether this tenant or the next.

Not sure what he can sue for. It is the landlord's responsibility to ensure that the property is habitable. He's complained about the damp, she's employed an engineer who has made recommendations which she has followed.

She needs to ensure that she follows the correct procedure for serving notice and that she crosses the t's and dots the i's. If he chooses to sue, she can show that she has done everything a reasonable landlord would do.

Does the report on the damp show that it is in part caused by the tenant failing to ventilate the rooms adequately when drying clothes?

No no - she totally accepts that there is a damp problem - but it is fairly minor. the damp isn't in the bathroom - he just wants the colour changed and has been banging on about it for the entire two yrs he's been in there !

The damp is just in the bedroom and is a patch in the wardrobe about 2 foot square. It doesn't smell musty or anything.

I forgot to say - she has had a quote for treating the damp and was about to proceed with it - but the company noticed the tenant had photographic equipment and said that they could not do the treatment unless all the equipment was removed as the chemicals could affect the equipment and they could not be liable for it. she asked the tenant if he could take the equip out for a week while damp was treated and he refused - unless she paid for him to live in a 5 star hotel for the week !

He said that he will be on holiday in June and it could be done then - which she agreed to - but then he started complaining again saying it had to be done now. he is just being very very difficult.

The dehumidifier was in the flat when he took it on and so he knew all about it.

The trouble is I think that he is just a very difficult man - he is older and has too much time on his hands - bit of a Victor Meldrew character really. I think she will be well rid of him - but just worried that he is threatening to sue.

Well he does sound awkward although I do think a coat of paint would be remarkably easier than finding a new tenant tbh. However, as the first one was concerned about the damp as well it does need doing before she moves anyone else in. Damp in the bedroom can be particularly horid for some medical conditions

How long does the tenancy have to run? You mention two years, so presumably the original term has expired and it's now just a periodical tenancy (i.e. one which runs from month to month). If that's the case, she just has to give 2 months' notice (in the correct form) and he will have to go. She can then sort the damp problem and find a reasonable tenant.

Yes - that's right - she is in the process of serving the notice. The agent has told him and he has gone berserk - saying he will sue her for "every penny she's got" was the quote realyed to her !

She is totally in her rights to to serve notice - it's all being done properly - and then she is gettinbg the damp fixed.

She is only worried about whether he has any rights to sue her - and if so whether she should offer a settlement. I don't think he can - he hasn't been materially affected, he hasn't lost anything (except face), and he is not injured in any way - so I just can't see what he could sue her for ?

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scatterbrain, your friend sounds like a fabbo landlord. Can we move into her property?

We havn't had any hot water for about 4 weeks now (it's not cold as such, but having luke warm showers in Decmeber is not myuch fun) and the Landlord still hasn't shifted his harris to sort it.

I'd have no trouble with a bit of damp. Her tenant sounds like a tit

Think he is just mouthing off because he suddenly realised he's been a prize prick. Tell her to hold steady and just forge ahead with her plans to gain possession. I can't see any grounds for suing as she has evidence to show that she has taken reasonable steps to resolve the problem, that his own actions have contributed to the problem and he himself has prevented her from carrying out the remedial work.

She is IGW - that's what annoys me ! She has bent over backwards for him - he wanted solar film on the windows - she did that, he wanted new carpet in the sitting room as the old was wearing a bit - so she got that done. He is just taking the michael !!

Also - he is paying a lower than market rent as she had to reduce it to find a tenant then - current market rate is at least £150 per month more than he pays.

She will be well rid - even if she has to pay him off !

Oh and I forgot the new wsashing machine and fridgefreezer last year !

He sounds like a total cock.

Sue for what? If the tenancy agreement has got to the "rolling notice" stage and your friend does everything legally she is perfectly entitled to ask him to leave if she wants to, the reason is irrelevant. That's why housing advice agencies will always advise tenants to think very carefully before kicking up a stink if they are on assured shorthold tenancies because they will probably be given notice to quit if they piss off the landlord.

Just been talking to her - we have decided that he will sue her for "not getting my own way!" - wonder how much he'll get for that - and will he get costs too ??

Idiot !

He could sue if his stuff has been damaged by the damp.
He doesn't sound like he's going to go quietly, she wants to consider herself lucky if he goes on the date and pays his rent. It's not easy money being a landlord.

His stuff hasn't been damaged.
His health is fine.
The only thing he is suffering is injured pride because she has stood up to him and didn't let him get his own way !

She's seeing a solicitor today - spoke to them on phone first thing and they thought it was laughable but need to go through all the facts to be sure.