There plenty of deranged tenants that’s for sure.
I decided to always review rent annually and to tell tenant the market rent each year , but explain that I am not asking that, accepting a smaller increase for an existing good tenant.
This way the tenant expects a small increase, and appreciates the true situation, which also protects me in case costs jump up, as tends to happen anyway. So far its worked well.
Oh no, he has asked numerous things which I believe he should be replacing. Light bulbs etc - I have always dealt with all issues promptly. I do think the rent increase did make him more aware though.
I think with the current situation (rates etc and increases in service charges) tenants need to understand the pressure landlords are under…
The media makes out that landlords are wealthy individuals but really that’s not always the case
So true!! Tenants have no idea what landlords deal with.
Yes, lightbulbs are their responsibility. But you need to not just think this is their responsibility but to “know” it is and tell them. It does sound like it’s time for them to go, but 9 years is a long time to just serve notice without a discussion.
Be frank. Have they always expected you to replace bulbs or only since the hike in rent?
Yes always asked tbh.
Still considering next steps
My response is lengthy and awaiting approval so I have messaged it to you.
Tip, from my own experience as a LL, make sure that notice is given before 4pm on the day you issue it. Any later makes it invalid. (These are the kinds of legal niceties that can be exploited if you wind up in court)
It will likely come to a section 21. you can mess around but once its broken …
on the section 21 if you are not sure dont leave it to chance get someone to do it for you who knows what they are doing. the smallest error can invalidate it and you are back to the beginning. . you get some advice on here thats it.
in future I would suggest you put the rent up every year maybe linking to inflation or RPI or market rates. A 25% hike is kind of asking for trouble but you already know that
Look, respectfully your story sounds to me that you’re here trying to get other irresponsible landlords to tell you what you want to hear. This story doesn’t really sound like it’s been told in its entirety. If all you want is to get rid of your tenants without any repercussions, then maybe you’ll find a few landlords here who will tell you how to get there. What it seems to me from reading your thread and please forgive if I’m wrong, is that it is an inconvenience to you to investigate the issue fully. Have you been at the apartment when the noise is on? Noises are not recorded very well unless you have the right equipment. The issue will not be solved by them sleeping in the sitting room and why should they have to? For me as a landlord, I would investigate first, then act and NOT look for excuses to get rid of the tenant just because you want an easy life.
I have no doubt that landlords have to put up with some dreadful tenants, but there are dreadful landlords out there too. At the end of the day, both tenants and landlords are human beings, so let’s try and behave as such.
What an earth are you talking about.
I went to the property. I wrote to the flat above. I reported it to the managing agent. I asked for a recoding.
What else do you want me to do?
I am a landlord who doesn’t do things by half measures. I prefer to spend more rather than cut corners. I have done so much to the property. Replaced boiler , added double glazing , put a new bathroom in (not on the cheap), replaced even the toilet seat with soft closing option. I even mentioned we have always changed light bulbs for him.
So please don’t use the term irresponsible. I am not that type of person.
I do agree with the hike but due to the rates I really had no choice. I tried to do it last year and he wasn’t having it at all.
I even checked market values and even now it’s 300-350 below value.
I think SuPerWill was harsh. However, I would equate changing light bulbs for a tenant with being irresponsible. Why? Because it sets a precedent that could come back to bite me. I’m their landlord, not their mate.
Put it another way, I’m happy to act as a contractor for a tenant who wants a job done. Light bulb need changing? Sure, that’ll be a fiver. Cheers.
I don’t think I can act as a contractor and charge a fee for that when I don’t have the credentials to do that. Invoice , receipt etc. Saying no is one thing but to try charge as a contractor is a very grey area. You would possibly need to have some sort of insurance when charging also.
In the tenancy it also says rodents are his issue but again that’s a grey area as a landlord needs to be sure the property is completely sealed and not accessible for rodents to get in. That’s why I have always responded and dealt with it just to be a ‘good responsible landlord’.
I’m not the type of landlord who doesn’t reply to an issue. Like the person above tried to suggest.
Not sure what he expects me to do , spend the night there on the sofa or what?
Make sure the Sec 21 is dated 2 full months notice + 2 days for delivery of notice. Sec 21 can be thrown out of court when they fall even a day short of a full 2 months, so best add a couple of days to account for delivery/service of notice.
I would never with hold rent from my landlord, regardless of my situation unless I could not enter the flat but no doing of my own. For example if it was dangerous otherwise I am still using his property so am due him his rent.
Your case is not that simple
Regarding noise
There is case precedent on noise for landlords
The high court has ruled in favour of landlords that noises from neighbouring properties is not your responsibility
The cost of sound proofing would just be too much
Do not offer noise reducing plugs as this implies your liability
Regarding mice
Does your contract have a clause negating your responsibility of vermin
Some contracts have a clause that make the tenant responsible
Regarding your rent increase
It has been paid so it is classed as accepted ( even on shelters website)
Is the contract a statutory or contractual periodic
If it is statutory did you serve a section 13 notice
If it is contractual did you have a valid rent review clause ( containing percentage increase, frequency of increase)
Rent increases can go to a rent tribunal and cases are ( despite no rent control) and being ruled in favour of either party.
Recently a landlord increased rent and the tribunal ruled in favour as it was not increased for a long time
Regarding section 21
Have you served appropriate paperwork at the right time and have kept all copies for duration of tenancy gas certificate, EPC, electric certificate, how to rent, deposit protection etc
Professional mediation service
Do you want to keep the tenant or not ?
This is a lot less intimidating than a s21 and may help resolve their issues.
You have poked the hornets nest and may not get resolution !
They are now showing there true colours with intimidation tactics
Do you want this ad infinitum ?
Serving a section 21
How does your contract read in regard to this ?
Is it standard mail?
Do you have a provision for digital service in contract?
Serve with 2 months and a weeks notice so if it gets lost in mail you have enough time
If it’s delivered late they can argue you breached into their two month notice
Judges prefer the extended amount rather than two months
If delivering via mail first class( as per most contracts) deliver it twice on two consecutive days and follow your clause to the letter
They can’t argue that it was not delivered
Do not deliver recorded delivery
If they don’t sign for it, it never got served!
Instead get proof of postage from the post office for both deliveries so you are covered
Or deliver by hand with newspaper of same date with video evidence and a witness
Best of all use all methods of service !
Best of all ring Nrla for free legal advice
You are a one time landlord
They can go through each issue with you in a lot of detail so you can make a formulated decision
If you are not a member for £75 you’ll get your moneys worth in free legal advice
So after everything … us going to the flat with the freeholder and hearing such a low level noise (my tenants fridge is louder than the noise - therefore it’s absurd)
The tenant now accepts all has been done and knows nothing else can be done BUT now offers to pay 20 per cent less rent starting next month as they will look for a new place. He awaits my response.
I feel so mugged off as the flat is immaculate and this whole issue has been so unfair.
Clearly all of this was to lower the rent.
So how do I politely decline his request?
Hi Makash, why do you have to be polite about it. Call him out on his rent avoidant behaviour and excuses, tell him you expect full rent payment and if he doesn’t pay you will take whatever legal action is necessary to get it. Remind him of his legal contractual obligations. Don’t be polite to someone lying to your face. Be cold and rational and stay calm.