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Difficult tenant

Started by Smyth, October 13, 2022, 01:40:59 PM

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Smyth

Hi,

I'm new here. I've been a landlord for 10 years. We have second tenants. No probs til last Month. Complaining about damp behind kitchen cupboard. I had damp course for £950 in 2016. Called back damp company last year and said maybe ventilation, maybe roof, not damp course issue. We arranged to go take a look with contractor. Tenant was away but letting agent organised keys with tenant authorisation . I had my kids with me but had a look at kitchen, external wall and upstairs to assess. Special surface paper recommended so asked work to be done same day. Tenant now complaining I shouldn't have kids with me ( approx 8 mins) and I shouldn't have inspected anywhere other than kitchen and shouldn't have done work on same day. He is threatening legal action? Thoughts?

heavykarma

Threats of legal action in such a case are total nonsense.I am assuming of course that your kids did not run amok doing damage to his things. Who on earth could succeed in suing a landlord who has acted promptly to a complaint,done a proper inspection and got the work done quickly?   

Smyth

Nope they were with me looking around and then sat in sofa( my sofa!) crazy! He seems adamant I broke the contract! Crazy, he was so eager for this issue to be sorted.

jpkeates

It depends on exactly what the tenant agreed to.

But even assuming you were in breach of contract, the tenant would be entitled to compensation for a loss arising from the breach, and there doesn't appear to be any loss.
Although, if the tenant's currently renting the furniture, it's not "your" sofa at the moment.

Hippogriff

This makes little sense.

People would usually be pushing for some kind of satisfaction... monetary, apology, sexual... before escalating to the point of "He is threatening legal action?" ...what is the satisfaction he is wanting? Has he asked for some kind of compensation... some kind of commitment you'd "never do it again"... or have you refused the kind of action he really wants because you can't bring yourself to? Whatever the realities of the situation... you would expect there'd be a "something, or else"... in this case wouldn't it be  the "or else or legal action"... if he is threatening legal action, but not asking for anything, then let it proceed. What on earth can you do about that?

Nothing, right?

If there is a "something", then what is it? You have been silent on this aspect, giving us the impression he is just threatening legal action. So... what's "something"? All of his rent back? A hand-written letter with profuse apology? A blowjob? I know which I'd rather give. Yes, HK, you guessed correctly.

If he is just threatening legal action without asking you for anything... then let the wheels turn as they will. Seems, to me, that all you'd need to do in a Court is be 100% honest about the kids doing what kids do. And any reasonable outcome would favour you, I'd think... but break the business relationship you have with the Tenant.

Now... all of this makes me really theorise that your kids may have found something, may have pocketed it, and he simply can't tell you what it is (not because he doesn't know) - but he's really upset about not having it. If so, best hope your kids haven't really got it. All speculation. Kids, though... not always honest, are they?

Smyth

Thanks for reply's. I'm curious to know why he is so upset, kids were either with us or sat on sofa. Let's see what he comes back with!

jpkeates

That does seem to have escalated very quickly.

heavykarma

There's always the possibility that the tenant is a nutter? If someone threatens you with legal action,justified or not, it is time to part company.I would be issuing 21.Then again,I am having to rethink my relationship with tenants,I should be prepared to tell them I love them says Hippogriff,and give serious consideration to their demands.Being a landlord never used to be this hard.