SMF - Just Installed!

New landlord making stupid mistake

Started by Tipsyb, January 24, 2014, 08:49:13 AM

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Tipsyb

Hi all I hope you can help me, have made a very stupid mistake. I am renting out our old home for the first time and renovated it before the tenant moved in, however there were some teething problems which we have dealt with as soon as we knew. She has been there since the 6th December and because we were moving at the same time I forgot to get her to sign the tenancy agreement. The front render has blown at the front if the house and we were told January the third , the builder went around this week and has started the work to re render it. She is however withholding the rent and won't sign the tenancy agreement. She hasn't paid for two weeks so far. Any advice would be great.

Riptide

#1
Why are they withholding rent?

Which scheme have you secured the deposit in?

How is she 2 weeks owing?  Don't you take the rent monthly?

Tipsyb

She has not paid a deposit and yes I know I have made every possible mistake you can! She wanted to pay weekly as she is paid weekly.

Tipsyb

She is withholding rent because she is saying the house is unfit for human life! We have completely gutted the house including new boiler bathroom downstairs toilet all new plaster, laminate all the way through and painted and decorated, both bathrooms have been tiled and a new cooker and hob plus a new front door. The front render had blown and soon as we knew we instructed the repair of it as we had already had the side done. She says that she has every right to withhold. I want her out as soon as I can because she is completely unreasonable and my very passive husband was shouted at when he went around to discuss the issues with her.

Riptide

All's not lost.  This is the first time you've let a property and although a mistake you'll learn from it.

Statutory legal rights are still in place for you and the tenant.  Are they working?

Have a read here

http://www.propertyinvestmentproject.co.uk/blog/tenants-without-a-written-contract/

Hippogriff

From your text, you do not appear as though you are refusing to perform your obligations in repairing the property. Therefore the Tenant cannot, legally, withhold rent. Slightly concerned that you don't have a signed Tenancy Agreement, but I don't think that impacts this.