UK Landlord Forum / Life

Here is an issue that I had never envisaged would ever happen.

My tenants recently renewed their tenancy agreement for the third year again on a 12 month AST. During the renewal meeting one of the tenants requested that I provide her with the name of the paint that I had used to newly re-paint her bedroom walls which she (without permission) had decided to hang numerous paintings and photos on. Upon re-confirming my previous advice to her that the remedial work will be carried out by the professional painter that originally carried out the work I saw the unpleasant look on her face which was obviously displeasure. Since this incident I have brought to her attention a burn within the carpet for which she confirmed was done by her friend and has since confirmed she will be responsible. I have since provided her with a quote and agreed for her to seek alternative quotes having provided her with specifications.

Now here comes the real issue, I have suddenly gained the urge to explore the prospect of undertaking a loft conversion and as such had made an appointment to attend the property thereby providing 48 hours notice rather than the minimal 24hrs. Unsurprisingly two tenants had no objection but one tenant did (no prizes for guessing which one). Initially the problem was over the time which followed by a tirade of abuse and hanging up of the phone. This was followed by an email to advise that there would be cameras set up within the property which was very strange for someone renting for their third term without ever having any issues regarding trust. I naturally responded to this email by advising that I do not wish to be filmed and would therefore not be giving my permission. Upon entering the property (now within the timescale that she had laid out) and identifying the cameras I repositioned them so that I would not be seen although I presume the audio was still active if that was how it was so set up (sorry i'm not a technology geek). Surprise surprise I received another email stating that the police have just left the property and I am considered in breach of contract therefore locks will be changed and access not permitted in the future. I have now received an email stating that she has now noticed missing items and the police have been notified etc etc. To date no contact from the police has been made.

Having been in contact with the police during each previous occasion and obviously having contractors in with me during each appointment to verify that nothing was removed I have been advised that as I have not caused any criminal damage and any theft would have to be proven, I have therefore caused not offence. Obviously when something of this nature occurs the first thought would be to get this person out which will be no doubt my next course of action provided I have suitable grounds.

Can anyone share with me if they have experienced anything of this kind before and how best to deal with it?

Regards,

JC

I'd say do nothing (but then again I'd have ignored the cameras anyway). You have no grounds (as yet) to end the tenancy via Section 8 and your tenant has no grounds (as yet) to sue for breach of contract, so there's no point antagonizing her if you're going to be stuck which other for the best part of another year.

She's entitled to change the locks at her own expense, provided she changes them back at the end of the tenancy and doesn't cause any damage in the process but, if she does, she'll just be making things more inconvenient for herself and her fellow tenants. Rise above it: if you ignore her she'll pipe down, or her housemates will get tired of her!

The OP does not have the right to 'tinker' wth the belongings of a Tenant. That's not above board. The OP has no suitable grounds on which to commence an eviction. Why not maintain a record of specific paints used, it's an eminently sensible thing to do. Even Rigsby would 'allow' Tenants to hang photographs and pictures.

Many thanks for your contributions guys, I have decided to just ignore the situation due to her pregnancy and the fact that it maybe having something to do with her sudden mood swing. The conditions of the contract require her to return the walls back to the condition in which she received it and am more than happy for that to happen.

With regards to changing locks, I am surprised to hear that she is allowed to do so and will therefore have to research this matter further. The police have notified me that they have not received any contact in this matter and if they had then they would have made contact by now. This now makes me believe that this is a scare-mongers tactic so will not react and simply endure the remaining 9-10 months of this whole affair as the continued emails and eviction process quite simply is worth avoiding wherever possible for my own sanity.

Many thanks peeps,
JC

Quote from: JC on October 10, 2016, 10:34:53 AMThe conditions of the contract require her to return the walls back to the condition in which she received it and am more than happy for that to happen.

This is a more pragmatic approach... this is why I make note of all paints used in properties. I list them in the Inventory. People then know that if they've made a right cock-up of a room then they can buy Johstone's vinly matt covaplus magnolia and at least give it a shot... of course, everyone understands that if they make things worse or mess up the floor at the same time... it's deposit deduction time.

I had one woman who got the right brand, the right colour... but not the right sheen. She painted multiple various areas (patching, not whole walls) before letting it dry and realising this was eggshell... oops.

No Tenant I've come across yet is eagle-eyed enough to recognise - at a viewing - an area that's been patched vs. a whole wall that's been redone if the right paint is used.

To provide more of an insight to this issue the tenant in question has been inviting a confrontation for a while now which is probably why I bit at the last invite. As a good will gesture I employed my painter to repaint a year ago and took time to explain what would happen if the hung up random pictures and that they needed permission as detailed within the terms of the AST. As I employed a professional painter I require the same standard back in return and by the tenant wanting to do it, I have a right to refuse as contained within the contract conditions, basically I don't want her repainting and making a hash of it!

As with everything in renting it's all about how you discuss matters as opposed to a person trying to dictate to you, one tends to dig their heels in especially when its the tenant trying to dictate to the Landlord. Honestly I would have much preferred to simply be reimbursed with the material costs and if at all possible a labour contribution however, due to the reaction we never even got to consider that approach.

My main concerns now are attending the property and being filmed as basically I am not happy with it and neither will be some of my contractors that I use. I've not got a problem with anyone being in attendance at the same time but just do not wish to be filmed even though I can appreciate that it can aid a defence in any unwarranted false accusations.

With regards to changing locks, I have been advised by the police that the tenant cannot refuse entry provided I have given the required reasonable period of notice to carry out repairs. However, as previously stated I will always try to avoid evictions and prolonged arguments at all costs as it quite simply is not worth the stress levels.

The rent has been paid late on numerous occasions and I have always let it slide as quite frankly it doesn't amount to any great sum (each tenant pays their proportion separately) and one has to evaluate the value of grief levels if I were to impose penalties.

It is quite apparent that the repainting of the wall is the issue that she has taken great offence to and so will now come to the end of our relationship when the contract period ends. Whilst the rent is thankfully still being paid I will simply have to endure the remaining period with as little contact as feasibly possible.

Regards,
JC