New tenancy problem

[PlanB]

Re: New tenancy problem

the basement room had been re-plastered and a de-humidifier was on to dry the walls out. It seems that the tenant occupying this room has to have the de-humidifier on permanently. Do you think this is acceptable?

Maybe it's not unreasonable to ask the Landlord to pay for the 'uplift' in the electricity bill cost of running the dehumidifier 24/7?

[marypoppins]

Re: New tenancy problem

Maybe it's not unreasonable to ask the Landlord to pay for the 'uplift' in the electricity bill cost of running the dehumidifier 24/7?

Do they cost a lot to run?

I wouldn't have a clue but it's a very good point planB.

Let's see what happens when the new 'builders' make their assessment and go from there.

[PlanB]

Re: New tenancy problem

Do they cost a lot to run? I wouldn't have a clue but it's a very good point planB.

Yes they do cost a lot to run! Here's a random calculator from the internet based on September 2013 electricity costs:

http://www.sust-it.net/dehumidifier-...efficiency.php

[marypoppins]

Re: New tenancy problem

Great thanks for that planB.

I'll forward the link to my son and let him and his house mates work this one out!

I don't know the wattage of the one they have put I'm sure they can figure it!

[SaltnVinegar]

Re: New tenancy problem

Whilst I've been thinking about S&V's post and considering what they (tenants) should do, I've just had a call from my son and it seems that they have finally got a result!

I had advised my son to send the landlady photographic evidence of his room showing the areas of damp and the state that the builders left his room in and to try again to get things sorted amicably. But also to point out his concerns about money being deducted from his deposit due to paint marks on his carpet and elsewhere in the room.

His housemates also sent photo's of the rest of the house, again showing areas of damp and what the builders have done (as in mess).

She has contacted the lead tenant and apologised and asked her to pass on apologies to my son too.

She went on to say that she basically didn't believe what my son was saying. It seems that the builders were giving her a totally different story telling her that everything was fine at the house. The builders story to my son previously was that they were having problems with her!

She has told them that she has contacted someone else and asked them to come and look at the house and see what needs doing and has given the lead tenant his number so that a mutually convenient time can be arranged to visit.

She assured them that there would be no issues with their deposits and she would not expect a professional clean to be done when they leave. She added that her lack of communication was mostly down to her other business taking up a lot of her time and again apologised for not contacting them sooner.

Every picture tells a story!

Great news! Sounds like the landlady is being taken for a ride by the builders and other things had got on top of her. Fingers crossed the new person coming to look at the issues will get things sorted quickly.

Best

SnV

[marypoppins]

Re: New tenancy problem

I've not posted on here recently for various reasons and there are still ongoing problems unfortunately

I've just got one question at the moment and if you're around PlanB, I expect you will be able to answer it for me please?

Does the LL have the right to enter the premises without any of the tenants being in? I realise if it was an emergency it would be acceptable.

The LL wants to come and inspect the house (tenancy ends 31st July) which isn't a problem but none of the tenants will be in at the time the LL has stated and they aren't comfortable with this, simply because of all the problems they've had throughout the tenancy.

[PlanB]

Re: New tenancy problem

Does the LL have the right to enter the premises without any of the tenants being in? I realise if it was an emergency it would be acceptable.

The LL wants to come and inspect the house (tenancy ends 31st July) which isn't a problem but none of the tenants will be in at the time the LL has stated and they aren't comfortable with this, simply because of all the problems they've had throughout the tenancy.

The Landlord does not have the right to enter the property without notice. The AST will probably say he has to give 24 or 48 hours notice. If there's an emergency then the Landlord doesn't have to give any notice. Inspecting the property towards the end of a tenancy isn't an emergency, but if the Landlord has given a reasonable amount of notice then the Tenants can't refuse. If they are concerned about the visit then they should be there. Maybe they should try and negotiate a date/time which is mutually convenient since they've got seven weeks left to agree something.

The Landlord is right to inspect the property prior to the end of the tenancy to anticipate what problems may lie ahead. I expect there will be loads of issues since this has been an unhappy Landlord/Tenant relationship. If both sides can identify the potential disputes now, then they could try to settle them so that the deposit can be returned with the minimum of fuss at the end of the tenancy rather than the Tenants having to wait months and months while the arbitration scheme deals with any dispute.

The AST will also say that the Landlord (or his agent) has the right to show the property to prospective Tenants during the last 8 weeks. That's fair enough. I expect the Landlord wants to see what condition it is in before marketing it. It's unlikely there'll be anything in the AST which says they can insist on being present each time.

On the day the Tenants leave they need to be there to meet with the Inventory Clerk who will make a detailed inspection with digital photos to compare the condition of the flat now with the condition recorded in the Inventory taken at the beginning of the tenancy. Inventory clerks are neutral and cannot be manipulated (I've tried!).

From everything you've said during the last year I think both sides will be glad to see the back of each other and there will be a massive argument over the deposit at the end of the Tenancy. It may be a good idea for the Tenants to take their own digital photos now in preparation for the fight.

[marypoppins]

Re: New tenancy problem

The Landlord does not have the right to enter the property without notice. The AST will probably say he has to give 24 or 48 hours notice. If there's an emergency then the Landlord doesn't have to give any notice. Inspecting the property towards the end of a tenancy isn't an emergency, but if the Landlord has given a reasonable amount of notice then the Tenants can't refuse. If they are concerned about the visit then they should be there. Maybe they should try and negotiate a date/time which is mutually convenient since they've got seven weeks left to agree something.

They don't have a problem with the LL visiting and will try to arrange a mutual convenient time when they can all be there, they are all working so daytime can be an issue. However, the LL has made arrangements to visit several times in the past and simply does not turn up, they also believe that she has been into the house when they've not been there.

The Landlord is right to inspect the property prior to the end of the tenancy to anticipate what problems may lie ahead. I expect there will be loads of issues since this has been an unhappy Landlord/Tenant relationship. If both sides can identify the potential disputes now, then they could try to settle them so that the deposit can be returned with the minimum of fuss at the end of the tenancy rather than the Tenants having to wait months and months while the arbitration scheme deals with any dispute.

Again, no problem with this being done before the exit inspection and anticipate some issues due to the builders marking carpets with paint which was pointed out to the LL when it happened and it was agreed that carpet cleaning would not be necessary but she has now stated that they have to be cleaned! Photographic evidence is held for the mess the builders left on several occasions.

The AST will also say that the Landlord (or his agent) has the right to show the property to prospective Tenants during the last 8 weeks. That's fair enough. I expect the Landlord wants to see what condition it is in before marketing it. It's unlikely there'll be anything in the AST which says they can insist on being present each time.

New tenants have been secured as viewings were done several weeks ago, this created problems because viewers were knocking the door with prior appointments and the LL was supposed to be there to show them around and again didn't turn up.

On the day the Tenants leave they need to be there to meet with the Inventory Clerk who will make a detailed inspection with digital photos to compare the condition of the flat now with the condition recorded in the Inventory taken at the beginning of the tenancy. Inventory clerks are neutral and cannot be manipulated (I've tried!).

The check in inventory doesn't do the place a lot of favours and clearly states a lot of wear and tear was apparent. Does it have to be the same company to do the check out inventory?

From everything you've said during the last year I think both sides will be glad to see the back of each other and there will be a massive argument over the deposit at the end of the Tenancy. It may be a good idea for the Tenants to take their own digital photos now in preparation for the fight.

I couldn't agree more, it was much easier when he was in a student let! Return of deposit is a major concern for them and many photos have been taken during the tenancy so that they have evidence to produce, should it have to got to arbitration

Thank you for your assistance PlanB, fingers crossed they can get it sorted amicably.

[PlanB]

Re: New tenancy problem

The Tenants need to look at the terms of the AST which may say that carpets should be cleaned at the end of the tenancy (they often say that). In which case there's no escape from that payment or deduction from the deposit if the job is arranged by the Landlord after they leave the property.

They could try to haggle to get a reduction though but it'll be hard to prove whether the carpet cleaning contractor's price increased because of the mess made by the builders. It may make sense to get a couple of low estimates of their own now in case they're faced with an excessive charge.

I once had a claim for carpet cleaning accepted by the deposit arbitration scheme because my Tenants had kept a dog which crapped on the carpet, so even though there wasn't a term in the AST which said I could charge them the scheme got them to pay up.

Here are some case studies from one of the schemes where you'll see carpet cleaning is often an issue which will give you an idea on what is expected of both Landlord and Tenant (it has case studies of other regular disputed items too):

http://www.mydeposits.co.uk/landlords/casestudies

There are more case studies here from the TDS. You'll see that the schemes are largely Tenant-biased so your guys should be ok:

https://www.tds.gb.com/case-studies.html

Everything hinges on the Inventory Check-In and the Check-Out report and the terms of the tenancy agreement. It's the Landlord's right to select the Inventory service and it makes sense to use the same one as at the start of the tenancy.

Once final thing to bear in mind is that the Tenants will need a Landlord's reference for their next let (unless they're moving back home) so keeping things amicable is a good idea.

[marypoppins]

Re: New tenancy problem

Once again, thank you PlanB for your very helpful comments and links.

Getting cleaning quotes for carpets never occurred to me but is an extremely good idea. They do plan to get cleaners in before they vacate despite the questionable cleanliness when they moved in but the inventory does reflect this and they should have taken up any concerns at that time.

I take your point about a reference and would hope, if one is necessary to be honest and accurate, yes there was certainly a clash of personalities but that's life! However rent was paid on time as per the tenancy agreement and in fairness, they have had to put up with a lot of maintenance throughout the tenancy including damage to personal property and 'quiet enjoyment' has been erratic to say the least! So I don't see how it could be anything but good and his previous landlords can also confirm that there weren't any problems with his previous tenancies.

As far as the impending visit goes, the girls (two) simply don't want to be there because of previous experiences with the LL, the third guy is working so I am trying hard to persuade my son to be there but keep this mouth zipped!

I think it is really important for someone to be there in order to see what she has to say and so that they are well prepared in advance for any dispute.

I know I'm getting involved again but it's a huge deposit (over 2k), a quarter of which is mine!

Although my son is not planning to come back home but is now earning very good money and the bank of Mum & Dad is starting to look a little healthier!

[PlanB]

Re: New tenancy problem

I know I'm getting involved again but it's a huge deposit (over 2k), a quarter of which is mine!

I'm in the same situation as you. I paid for my daughter's deposit which I know I'll never get back. I'll be interested to see how her Landlord reacts to the tyre marks on the floor from her wheelchair (only a temporary problem from a broken limb thankfully) but I shan't hesitate to play the disability card if they try to claim for repairs/cleaning for that one! We've already taken a photo of her sitting in the wheelchair looking all forlorn. I'm not stupid.

Written references must be *honest and accurate* but then there's always the phone call to the letting agent to say "don't touch them with a bargepole". I've only done it once and it was out of respect for fellow Landlords who can be duped by agents into thinking just because the Tenant paid the rent on time that doesn't mean they weren't the Tenants from Hell.

Maybe their Landlord should read this story and consider herself lucky. I was in a similar situation with a Tenant who trashed a flat (he actually peed up and down the walls and left 36 mice in residence) and I never recovered a penny of the £5k damage because he was on benefits. So even though I took him to court I had to pull out when it became clear he hadn't got the money to pay any CCJ. I'm currently paying off his £11k legal costs. But I'm not bitter (yeah right) :

http://www.dailymail.co.uk/news/arti...pay-penny.html

[marypoppins]

Re: New tenancy problem

OMG PlanB that's some horror story!

I do like your style with your daughter though.

I'll bear that link in mind for future reference, it's very sad that we have human beings on our planet that have not one iota of respect for others!

[PlanB]

Re: New tenancy problem

my son is not planning to come back home but is now earning very good money and the bank of Mum & Dad is starting to look a little healthier!

Dream on

My daughter is/was earning good money until she had an incident/accident in a club in Ibiza (hence the wheelchair) so I'm now having to cover her living (and car, mobile phone etc etc) expenses. In my case it's the Bank of Mum since the Bank of Dad legged it many years ago.

Right now I'm having a real dilemma as to when do we parents say "sort yourself out because I'm done with this".

[marypoppins]

Re: New tenancy problem

At the speed the years go by, the boot will be on the other foot soon enough and then they will have the dilemma of sorting us out!

Let's hope they will be earning enough to keep us in the luxury we will expect!

Hope your daughter gets back on her feet soon.

[marypoppins]

Re: New tenancy problem

LL turned up but a little early, so my son hadn't left the house!

My wonderful son called me to say she'd been and he'd punched her on the nose!! However he was joking, he's hasn't got an ounce of violence in him but it did stretch my sense of humour somewhat!

He was glad in the end and she was as nice as pie...........................how could this be?

She'd brought along three of the new tenants with her, that's why unannounced and obviously wanted to give them a good impression and she through the house telling them about all the plans she had for re-decorating etc. I don't think there was any mention of the scaffolding that has been up around the house since October, perhaps she sees that as a positive in order for them to believe that a lot of maintenance work is going on.

She had no intention of doing an pre-inspection which is what she had told them she was coming to do.

Methinks the purpose of the 'inspection' was simply to hope that the house would be tip top............... very crafty!