Tenant threats to pay half rent

Landlord Discussion
1

Hi All

I have a tenant for 9 years. Didn’t put the rent up for 8.5 years and now I have increased it 4 months ago problems have started.

The latest being in feb 2024 when they say the flat upstairs has boiler noise - the flat above then got a service and the boiler man said all was fine. However, my tenant is not happy and says they cannot sleep etc.

So, I have raised it with the freehold managing agents and they have said they will get a contractor to check shortly.

My tenant has now said this month he will pay as a goodwill gesture but next month he will pay half - it’s a periodic tenancy… everything from myself has been done properly. The tenant is behaving unreasonably imo.

I did go to the flat recently but the heating was off above so no noise.

What are my options everyone

2

They will be in breach of tenancy agreement.
Advise them of this formally and highlight the clause.

Then get prepared to issue a section 21 if contractor doesn’t identify and resolve problem.

Ask them to record the noise.

They sound unreasonable, unreasonable people rarely change.

Do you have gas safe, deposit protected etc and everything else squeaky clean?

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3

no appreciation for what you have done for 8 years . Issue a section 21 . This tenant will become more unreasonable. Let him pay more somewhere else

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4

Yes it’s really giving me anxiety now.

He did send me a recording but it’s very hard to hear it. I would be ok with this noise. The noise is only in the kitchen and main bedroom he states - I did suggest he switches the living room with the bedroom for now but they said no. The rooms are the same size etc - the flat is split level.

I believe he has also gone to the council to complain but I have always acted on any issue within a day or two. I am not a professional landlord but I know decency and I used to live in the flat and it’s stunning tbh.

With the section 21 I have to give 2 months notice? I have the epc and gas boiler cert and deposit was of course registered accordingly.

5

at least 2 months notice not just 8 weeks

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6

They are penalising you for something that is not your responsibility. It’s actually out of your hands and you are reliant on other peoples cooperation entirely!

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7

Thanks colin.

So for example if it was today I gave notice the end date would be 9 May ?

Can I email the section 21 or?

8

Do you think this is a genuine problem? Is it a new boiler?

The issue being, if it is an actual problem then it may well affect the next tenants and need addressing regardless.

Soundproofing?

9

If I had to do it I would do it by handing it over personally with an independent witness with you and date it a little over the 2 months. . You could of course tell him first that if he does not pay the increase THEN you will give section 21. The warning first may change his mind. If unsure of all the legal stuff employ an eviction specialist

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10

I have found new boilers to be quieter

11

The issue is I can’t force the upstairs flat to change their boiler. They had it serviced and they said it was fine and no noise. However, my tenant disagrees.

They have paid the new rent amount 3-4 months but it just seems like they are not happy with it.

I do believe it’s an old block and soundproofing is not the best but he has been there many years so they are aware of this.

I will issue the warning if I’m allowed to … I will quote what they stated to me and state that if any deduction is made then I will have no option but to issue a section 21? Would that be ok or can they use that against me?

12

I would not use the threat of section 21, it could be seen as threatening. Just state the breach.

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13

them paying the new rent means they have accepted it. So wait till they do not pay and then see how the situation is

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14

they have paid so say nothing yet ,they may see the error of their ways

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15

I did actually respond to that email stating it would be in breach of their tenancy but no reply.

I just feel like I need to remind them of this which I will do next week

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16

they may be checking around at other rentals and realise that they are better off and cheaper staying with you

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17

Landlords often think theyre being generous by not increasing the rent and doing the tenant a favour. However, the tenants get used to the low rent and see it as part of their tenancy. They often then resent any attempt to increase it, especially if its then a large increase, and it sours a previously good relationship. This has been reported many times on the forums.

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18

He cannot get anything similar for the size and price he is paying.

If the rent falls on the 5th what date would you issue the section 21? From what I read if he fails to pay the rent in full it becomes a section 8 issue and a money claim which I would commence.

The flat was also fully furnished and immaculate when I rented it and from what I have seen it no longer is immaculate so that could be another issue.

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19

Hi Makash
If he has been there 9 years it will not be immaculate. I wonder whether it is the rent increase or a genuine issue with boiler noise that is the problem. I think you should find this out before evicting him. A tenant who has paid for 9 years and given no problems should not be discarded without good cause.

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20

I do agree somewhat with you but since the rent increase only 4 months ago they wanted a mice inspection even though no mice seen which of course I paid for and now this issue. Seems quite coincidental.

Wear and tear is absolutely fine. I don’t mind this.

The rent increase and amount is still under market value.

It’s very hard to assess the noise as many would be fine with it. So I do think that they could be an excuse especially as a room swap would solve the sleep issue if there was one.

Rent is due on 5th … if I was to serve a section 21 for example tomorrow with an eviction date of 4 June that would mean they only owe me April and May rent is that correct?