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Original poster

Arghhhh tenant!

44 replies

Grrrrwhattodo · 10/02/2016 18:12

Hi, not sure if this is the best place to post. Name changed for this incase tenant is on MN. Basically I own a property about 200 miles away from where I live (long story) that is currently let. It is controlled by a local estate agent who charge a fee to deal with any incidents, etc.
They contacted me yesterday to ask if a certain check could be carried out to which I replied no problem, happy to pay so that my house is safe and my tenant is safe. However, they emailed me about ten seconds later to say that my tenant had mentioned that an injury had occurred when they put their hand through a glass panel of an external door requiring a hospital visit. They have said that the tenant I'd demanding that I replace the entire door with either a solid door or the whole 16 panels with safety glass. This is going to cost me £300 (or the tune of).
Surely if I pay for the repair, then that should be deducted from the damage deposit? The agents I use said no, and that it was in my best interests to replace the door, or risk 'further action' from my tenant... I think this accident has been the result of sheer stupidity on my tenant's behalf and that they are taken advantage (having seen photo evidence of the damage it is clear that only one panel of glass has been broken). I am quite perturbed that I am supposed to pay this amount of money to replace a perfectly good door when it seems that it was the fault of the tenant...
Aibu to just replace the glass panel of the door, or do I have to fork out that amount to replace the entire door (a cheaper option than replacing the glass with safety glass - which would cost an absolute fortune). As an aside, I lived in the property for two years, and never spent anywhere near as much as my tenant has demanded. I may as well pay them to live there for the amount I am shelling out.
Any advice on the legal side of things re the door, sorry this is long and rambling.

OP posts:

LIZS · 10/02/2016 19:12

But ultimately even with an agent involved legally the buck stops with the ll.

SauvignonPlonker · 10/02/2016 19:15

OP, does your landlord insurance include any kind of legal advice/protection? If so, I'd be asking their advice.

BishopBrennansArse · 10/02/2016 19:16

Yep, if the let isn't up to regs then the LA will take action against the LL, not the agent.

Which is why LLs should be fully aware of the law and their responsibilities, not reliant on agents (which in this country are completely unregulated with no necessary qualifications).

Sometimes it's really not worth paying for their 'services'.

MrsFlorrick · 10/02/2016 19:33

The services the OP paid for are regulated by the estate agency act.

And if any action was taken against the OP in turn the OP can take out a negligence claim against the agent. The agent will have public liability insurance so even if they tried to close their business (and set up three doors down) the Op will be covered.

And where a landlord has retained the services of an agent, any action by a local authority will also involve the agent and the local authority taking action against the agent.

The OP is trying to solve a problem and some of you sound like you're landlord bashing.

The poor OP retained, by the looks of it, a crap agent who have failed in their duties and are trying to stick the Op with a large bill (which they receive a share of).

Instead of having a go at the OP and quoting the housing act at her, come up with something more helpful and constructive.

PseudoBadger · 10/02/2016 19:36

Mrs Florrick.

Duty under HA 2004 is on the landlord. This cannot be absolved or dodged by hiding behind an agency.

kirinm · 10/02/2016 19:42

I'm not going to comment about the glass as I don't know the answer but as a tenant dealing with a management company I can assure you things work better without the management company.

My landlord lives in LA and we now deal directly with each other after the letting agent fucked us around too much. They tried to force to be to pay for a new fixed term tenancy but I text my landlord to ask if we could go onto a rolling tenancy and he agreed can, contacted the letting agent and told them not to bother me. He's a great landlord and we are great tenants.

MrsFlorrick · 10/02/2016 19:46

Pseudo. The agent has failed in their duty of care under the estate agency act both to the tenant and the OP. The agent could face charges for this as well as a hefty bill.

And to suggest the OP is "dodging" is a bit rich. No wonder she went away and didn't come back.

PseudoBadger · 10/02/2016 19:58

That's as may be. However I'm stressing that EHOs don't care if a LL has been misadvised. Ignorance is no defence. The 29 hazards are the thing to address and the duty is not on the EA. I'm sure the OP (and you?) can google and find out the requirements and penalties yourselves.

BishopBrennansArse · 10/02/2016 21:04

Precisely Pseudo, that's what I'm saying!
Too many 'novice' LLs have been stung by incompetent 'agents'. I'm sure the OP trusted her agent - that should be the case but quite often isn't.

BlueJug · 10/02/2016 23:13

Replace the door, or the glass or at the very least make it safe with film. It is your legal obligation to do so. The agent will not know what type of glass it is - the property is yours. Your responsibility. And you should know the law.

No reason to suppose the agent is doing anything wrong but if you are not happy with them find another or self-manage.

If a child were to fall and put her head through one of those panels.....

If I were your tenant I would be thinking about suing you.

Original poster

Grrrrwhattodo · 11/02/2016 06:38

Thanks for the helpful replied. I am going to see if I can get this thread deleted as I feel it is too identifying. Can anyone tell me how to do this?

OP posts:

Roystonv · 11/02/2016 06:55

I work in this field but only wish to comment if you employ an agent never deal direct with a tenant. The agent acts as a record keeper and if he is not aware of everything that happens 're the property/tenancy he cannot do his job. A lack of records at a later date can have disastrous consequences. Secondly, no we do not use over priced contractors or get any 'cut' from them. We work bloody hard for our clients with little reward so please don't tar us all with the same brush.

PettsWoodParadise · 11/02/2016 09:06

I am a LL and as others say even if you have an agent the buck stops with you. If the glass wasn't compliant I would say you would be getting off lightly with £300 rather than the tenant taking it further. If at all possible manage the property direct in future as provided you have a list of handymen and can make two visits a year for inspections and whenever ther are tenant change overs you should be better placed. Read up on Landlord and Tenant law as it sounds like you might be exposing yourself to future liabilities.

SauvignonPlonker · 11/02/2016 09:55

Self-managing involves a hell of a lot more than a few handy tradesmen & 2 visits a year!!! That is a massive over-simplification.

I recently gave up after 10 years of self-managing. This involved dealing with onerous deposit schemes, chasing up sometimes fake tenant references, doing credit checks, viewings, putting up with tenant call-outs over minor issues, waiting in for tradesman who never showed up, being over-quoted (as soon as tradesman knew you were a LL the prices inflated). The place being left filthy by tenants, having to remove their stuff when they left in the flat, deal with utility companies when they failed to pay bills. Emergency call-outs in the middle of the night for break-ins & glass repairs. Damage to my property from flooding above. Having to take time off work for appliance deliveries/repairs when tenants couldn't wait in (and rightly so, it's my responsibility). If you can do all of the above & more, from a distance, at short notice, perhaps on top of your employment, then good luck to you.

Not to mention trying to comply with all the legislation. I'm certainly no legal expert, and it was mind-boggling.

I could go on. And on.

I eventually appointed an agent. But I was very careful in who I selected, using a small company. And I have confidence that they are doing a good job. Unfortunately the good ones tend to be the exception. I do feel there should be better regulation of estate agents, but that's not going to happen any time soon.

Anyway, I would never self-manage again, for these reasons. And that explains why the vast majority of LL's use an agency.

BishopBrennansArse · 11/02/2016 10:47

You could also join the National Landlords Association - membership is tax deductible. You can then go to them for advice as needed.

Just don't rely on your agent.

RudeElf · 11/02/2016 11:43

Well from my experience as a tenant it seems entirely possible and acceptable for a landlord to ignore all communication from the agent regarding everything from urgent repairs to return of deposit.

In your shoes Op i would replace the pane and cover them al in safety film. Your agent dont sound to be too good so i would change to a better, recommended one.

RudeElf · 11/02/2016 11:44

However your LL insurance would surely cover replacing the door?

PettsWoodParadise · 11/02/2016 15:22

Personally I wouldn't claim on something for £300 for insurance. Excess is often £250 and it plays havoc with the options at renewal when you can't answer 'no' to the question of whether you've made a claim in the last three years.

BlueJug · 11/02/2016 21:13

I agree with Roystonv and SauvignonPlonker

There is a huge amount of work involved in managing a property. Not all agents are good but I would say most are. It is a pretty thankless job though as most tenants who don't get what they want immediately blame you and most landlords who don't want to be responsible for anything or pay for anything also blame you.

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