Colin would you issue a section 21 now or email and remind him that he must pay rent in full or the tenancy would be breached, or would you wait for the rent date to see if he pays?
Rent date is 5th so I was thinking to issue a section 21 and 4 June being the date he has to leave therefore rent would be up to date etc.
I would wait, he has already started to pay the increase, so I would wait to see if he pays the full amount. He may be checking other rent prices and think he is better off staying. You may have to put up with the little niggles he comes up with.
Nothing you can do about noise from another flat. Politely point out that once the tenant is 8 weeks in arrears you will have to issue a S8 & that arrears is mandatory.
I would issue a s21 now.
David I think the same as you.
Yesterday he has text me saying now he has health issues due to the low level constant noise and will visit a doctor and is sick each morning. Considering he refused to switch the rooms layout, this seems absurd. This issue was only brought to my attention at the start of Feb.
I have chased the managing agent today but still not got an update as to when someone will visit both flats.
I believe he has no intention of paying full rent next month.
Feels a bit extreme to be issuing a s21 just for threatening to withold rent for a tenant who has paid rent for 9 years…
I would suggest he gets some ear plugs that would cancel out boiler noise, they cost £10…and a lot less hassle than moving all furniture around. In any case it is mid march so boiler will presumably start to be used less shortly.
You haven’t said how much the rent was increased by but most tenants would have some kick back if you increased by say 20-30% in one go to move close to market rates as a lot of landlords seem to. Tenants generally stay quiet on maintenance issues in hope landlords wont increase rent but once landlords do it is normal for them to be more demanding.
Having re-read the whole thread, I withdraw my comment about serving the s21 now. On reflection, I think that would be hasty. I would wait and see if he pays first. I would also offer to release him from the tenancy early if he feels he cannot put up with the noise.
Around 25 per cent increase as it was too low for years and re mortgaging was coming (rates etc).
No he has issues every year which I fixed within 1-3 days always. Never ignored a single email.
I have spoken to the flat above and they said no work has been done and it’s the same noise as always.
I don’t think I can say to a tenant get ear plugs. Surely you are then accepting they are not enjoying the property etc.
It’s a periodic tenancy. Today he has emailed me threatening to play loud music in retaliation to the above flat.
It’s possible that the noise has worsened regardless of not having work done.
Personally I would rule out that there definitely isn’t a valid problem that would affect the next tenant. Needs independent assessment.
If problem is made up how does he expect to get away with it if the problem can’t be witnessed?
Well it could be a tactic - as it may take time to get witnessed etc plus everyone’s threshold for noise is different so perhaps he knows that and it’s just not acceptable for him and an excuse to hold rent back.
Either way hopefully the management agent can send someone asap
A lot of boilers make noise, mine can cause me sleep issues if I’m struggling to sleep for other issues. A 25% rent increase would cause substantial problems for most tenants, it may be that money issues are causing sleep issues and he is focussing on boiler that may make it worse. It’s hard to see that the flat above can be forced to get a new boiler if it is safe. It’s a common issue with flats as there are a lot of issues outside your control.
I would go with David’s suggestion to offer to release him from tenancy if he wants to. It is better to defuse situation if possible as a s21 could inflame things further.
Richard it’s a rolling tenancy. I don’t want to give him scope to use that against me later. How would you word it? I just want to sell it I think. I don’t need this headache tbh. I am not ruthless enough to be a landlord. I really am doing this pro bono 
Something along lines of “I understand you are unhappy with the noise coming from the boiler however I’m sure you’ll appreciate I have no control over noises that come from other properties. While i have arranged for the managing agent to investigate I’m conscious this may not end in a satisfactory result. If you find the current noise unacceptable i would be open to surrendering your tenancy once you have found alternative accomodation. I’m sure you’ll appreciate i have costs to cover and i do require full rent to be paid while you remain there”
A section 21 doesnt end the tenancy, it may need to be enforced by courts which would be time comsuming, costly and stressful. It sounds like this tenant likes to retaliate when they feel wronged, which they are likely to feel if they get a s21 so they may stop paying rent for extended period. Coming accross as reasonable by offering a mutual surrender reduces this risk as it is harder to get angry when lanflord is being clearly reasonable.
I’m not sure what would be used against you. You can’t control what you cant control…
Thanks a lot for your message.
I just think it’s a no brainer for him as he won’t be able to get the same size flat for the rent he pays. Even though I increased the rent it’s still £200-£250 below what he would pay for a 2 bed place and maybe more given the size of it.
Can I suggest a slight change to Richard19’s wording:
“I understand that you are unhappy with what you believe to be noise coming from the flat above…”
At this stage I think its better to avoid being definite about either the noise or its potential source.
Agreed. As I said it could also be a tactic to try and mess around for a few months while he finds a new place.
What a coincidence, you put the rent up, the tenant then manufactures a reason to put it down. The tenant can’t adjust rent value to suit himself.
Personally I would initially calmly discuss the options with the tenant of paying the revised amount of rent in full or the only alternative would be for him to vacate.
If he still maintains his belligerent attitude then issue an S21
Just ensure all your original paperwork is absolutely correct prior to serving S21 as your tenant appears to have attitude and could make things awkward for you by ignoring the notice period causing you to apply for possession and ultimately warrant of execution to get him out.
Perhaps the issue always existed but the rent was so low they never mentioned it but now with rent increase they feel paying the increase, they want value for money.
I think it’s outrageous to suggest getting earplugs. That’s very thoughtless.
There may actually be a noise issue, but because the rent was so good they did not mention for fear of being evicted: lots of tenants will not tell their landlord about issues because they fear that the landlord will get rid of them.
A tenant would have to be seriously deranged to make something like that up. Don’t jump to conclusions and investigate further. It might be a bother to you, but what would they gain by making problems up? Maybe I’m naive…
what would they gain? They do not want the rent to go up.