UK Landlord Forum / Life

Hi all,

I need some advice: we have been having ongoing issues with a rental to a couple of students, and they have PUT IN WRITING the following (extract):

"
After a long discussion with our parents who are infuriated, we have come to the following terms which I believe are best for all the parties involved:
1. If you ever want to come for another 'inspection', me and XXXXXX will not be present. You can send all the comments you have by e-mail. We will not agree to any "re-inspections".
....

The 3 incidents - the washing machine, the window and the sink issue - have taken place over 7 months, since May, when the tenancy agreement started. If you wish to cancel the contract, we can do it in mutual agreement. I am sure me and XXXXXX will find a new place to stay and you, some tenants who are more compliant with your terms.
"

Question 1: Can they refuse access for a re-inspection request?
- We have had to go back and do one re-inspection since they failed on the first occasion.

They have stated that "If you wish to cancel the contract, we can do it in mutual agreement."
- They are basically paid up in until the February 28th 2015. That is 3 months before the break clause comes into effect and well before the end of the fixed term.

Question 2: Can I suggest we terminate our contract and I get possession on 28th February? They are liable for the cost of the Check Out Inventory as per the contract which I will hold them to and obviously make the necessary deductions for damage.

They failed what on the first occasion, to grant you access, to be present?

Depends what you are doing.  If you're going round every other week with silly demands about how they live in YOUR property but THEIR home and expect things to be done as a parent would then I can see how they could get the hump.

Quarterly inspections (once every 3 months): the first inspection they failed from our perspective so we needed them to rectify the issues - mold and beginnings of an insect infestation in the kitchen. We gave them 2 weeks and went back in so the latter visit was the "re-inspection"

Wow no wonder they want to get out!

Speak to them, agree they are going at the end of February. Don't try and sting them for any more costs of check out.

Start looking for model tenants. Good luck with that.

You don't happen to come from a military, education or Doctor background do you?

I'm intrigued by this concept of them 'failing' an inspection.

Do you go around with a document and allocate marks to each aspect, then total-up the marks and, if they don't receive a certain percentage, you go and fail them? Do you communicate this failure back to them formally? Is there any element of red text?

I do inspections and I identity any issues that might need attention. We then discuss it and agree a way forward. This hasn't failed me so far. I don't go and fail the Tenants. What kind of message does that send? It sends a very master / slave relationship message.

As Landlord you are not superior to the Tenant(s). You might think you are, because you own the property that they are paying to live in. But that's the key - they are paying you. They are your customer! You (anyone) should treat your customers with respect and equality. Likewise, the property you have let will always have something going on with it that you're not happy with... that's because there is someone else living there, and everyone lives their lives differently. As a Landlord you need to disassociate yourself somewhat from that and be prepared that there will be things you need to do (to get the property back up and running) at the end of most tenancies. This is part of the job!

As mentioned in another post - your approach comes across (and I understand that this might not be how it is exactly) as though you are a Drill Sergeant, lining-up the troops for a kit and bed inspection... if they 'fail' then you go and throw their things all over the floor and give them 20 press-ups to do.

What you are doing - even though you most likely have the best of intentions - is alienating your Tenants... you are right to evict these Tenants (I think) because your relationship is probably irreparably damaged, but when you start again you might want to re-think your approach (just a little bit).

Bear in mind, we are on your side as other Landlords, so our comments are intended to be helpful to you. You might shake your head and think we're in cloud cuckoo land but (for the moment, anyway) you are the one with the problem.

You are but a stone's throw away from harassment.

When you get your next tenants I think you should approach it from the point of view that it is their home.  The bottom line is that you get to verify its condition when they move out.

Inspections are important for early confidence that a tenant is good, but this is not a "Tenant Test".

I like this forum, as it shows MOST landlords are actually decent human beings just trying to do a professional job.