It’s already been suggested that you clean up on his behalf for that very reason, which I believe you should, if you are so concerned about the flat and the environment. Also address the heating / hot water controls at the same time.
We had a tenant who smoked heavily and the flat was yellow with nicotine staining, knowing he was not capable or flush financially we redecorated at our expense to make him more comfortable since he’d been there a number of years, even though it was a mess of his own making. Sometimes you just need to show a little compassion, even in business.
The tenant is not in the flat so the balcony concern is currently mute, a decision also pending his condition upon release from care.
Therefore, I do not believe it is necessary to pursue an eviction, since the tenant has done nothing wrong, and I believe it would be rather heartless to subject him to further angst knowing he has nowhere to live when he comes out of care.
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Chris,
Eight flats, twenty one years, three evictions, no missed rent payments or rental voids since I discovered the pleasures of Openrent around 12-13yrs ago. Is this a record you can match? I doubt it. And yet you think I need the sort of advice you are coming on with. Or perhaps you have someone else in mind when not answering the question posed in my original post.
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@Theodore1 I think that’s a little unfair to @Chris35 who has just supported what others have said based on facts youve presented. It’s nothing to do with experience or how large a portfolio any of us have. I do generally agree tenants ’ circumstances or sob stories should not be deciding factors in LL business decisions such as whether to evict, rather than compassion. However in this case I think it’s more whether the tenant situation will have weight with a judge and their unwillingness to evict people who are in hospital or recently returned from (which legal experts can advise) and the chances of wasting £ on legal fees as a result.
It’s an inevitable feature of fora like these that people will never know the full circumstances another LL faces so may offer opinions an OP doesn’t agree with or which don’t directly answer the question an OP asked. Please bear with people who offer thoughts so long as they are constructive, they mean well.
Good luck
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You want him to match 3 evictions? If you get to a court please mention the balcony and maybe falling onto the concrete below. Love to hear the judges reaction to that one.
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Why are you here asking advice then if you’re so well versed / experienced?
FYI, 20 letting units, 26 years and I’m virtually on lunch terms with the Judge, and only used Openrent for marketing purposes.
This is not the place to start a “mine is bigger than yours” claim when you haven’t done your homework first.
Neither legally or morally, and with all that experience…
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@Chris35 legally - that’s for a judge to decide based on the details of the case. Think it’s fair enough of @Theodore1 to explore options for a tenant whose behaviour has been resulting in vermin and other disturbances for neighbours, certainly if they have not addressed the issue despite warnings they are not living in the property in an acceptable way in line with the terms of the tenancy agreement. Tho personally I’m doubtful of the likelihood of success given won’t be a current issue as tenant in hospital atm
Morally- well like many ethical questions there are conflicting interests not just the tenant’s wellbeing but the neighbours’ interests and @Theodore1 's interests. I don’t think we can know how bad the past behaviours/consequences have been so not something we can really judge.
Best
David,
Thank you for this support. Originally I was asking for the recommendation of a lawyer. In giving a few details of the subtleties of the problems for and with the tenant I was trying to make the point I was wanting to avoid a formulaic legal approach. Sadly the description I offered triggered a predominantly woke response.
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A judge is likely to say put higher guard rails around the balcony or if an accident occurs " you knew of the danger but did nothing about preventing it" Liability. Tricky one.
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@Colin3
or to say get a risk assessment done. As LLs we have a duty of care to ensure our properties are safe eg for small children there can be obvious steps to take and discuss/agree with a parent, but if a hospital releases someone and the doctors don’t tell you of specific risks (which they won’t because medical conditions are sensitive info) it’s impossible to know what adjustments you’d need to make. People can injure themselves in many ways (banging head against wall etc). Very tricky
Best
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I’m beginning to know the feeling…!
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You presumed wrong, once again.
Quite frankly I have wasted enough time on your vague subject, of which this request is unrelated.
Openrent, please take down this post, he’s simply a troll unwilling to listen to well meaning advice, and not elaborating upon his situation to enable more targeted advice.
We can do without this type of poster / content, it does not fit with the community or the intent of the forum.
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GM, David. How much longer do you plan to stay w ith us now that you sold your properties? You’re absolutely irreplaceable. Really appreciate your help to community.
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That’s very nice of you to say, thank you. I still help my brother in law with his properties, so I need to stay in touch with the latest developments. I plan to be around for a bit longer yet.
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Why should the LL have to clean ?
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It was a suggestion to ‘help the tenant out’, not quoted as a necessity or a legal requirement.
@Leslie1 @Karl11
if the place has been left ‘in a state’ and has previously had vermin as described, it would be a good thing to do as a cost saving/precautionary measure in the absence of the tenant to stop an infestation occurring/re-occuring which would ultimately cost more to deal with [whether paid for by LL or tenant]
best
I’d say it triggered a predominantly sympathetic and compassionate response…
… at least to the tenant.
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