UK Landlord Forum / Life

I have a couple of tenants staying in a flat I rent out in Edinburgh. One of them has been renting with me for eight years, the other four years. Over two weeks ago the kitchen ceiling fell due to a leak in the flat above mine. I told them not to use the kitchen and order takeaways and keep receipts for insurance purposes until a find alternative suitable accommodation. This took three days to find alternative accommodation due to the situation in Edinburgh. They were there for over two weeks while remedial work was done on the ceiling. Once the tenants were away they told me they have developed illness due to what happened and when they came back to flat , they were still complaining they are ill and one of them was pretending to cough frequently and said they will not be paying rent . I had the flat thoroughly cleaned and even put a air quality monitor to check the air quality of the room and it was showing the air was fine. I told the tenants have they seen a doctor but they say they can get an appointment to see the doctor(even two weeks after the incident!) They are now constantly complaining even though I have been very kind to them for their every request over the years including putting an extractor fan in the bathroom, providing a dehumidifier, new bathroom, new fridge and a new boiler. and haven't increased the rent for four years and the rent is much less than a comparable flat in the same area. I believe they are doing this as they think I will be increasing the rent, or avoid paying the rent altogether . This is stressing and tiring me out. I am contacting you if anyone can help or have beeen in this situation or recommend a solicitor who has experience in this situation.
Thanks
Jockzero

I would serve notice on them both while you still can.Not sure about Scottish law,but things could change soon re.s21.

There's already no section 21 in Scotland.

It makes no sense for anyone to want to stay in a property that they think is making them ill. I would tell them that you are prepared to be very flexible with notice to help them move out as quickly as they seem to think that they need to.

I would increase the rent if that is what you propose to do anyway. A person's health is invaluable, and they shouldn't be encouraged to stay somewhere that appears to be detrimental to their health simply because the rent is below market rates.

To be clear - providing a new boiler is not a kindness if a new boiler is required... it's an obligation and a cost of doing business.

Thank you guys for you suggestions, I am worried they might sue me if I give them notice to leave(if they are actually ill -which I am sure they are not!) and it is a periodic tenancy in Scotland.  Should I do it through a solicitor(expensive! ,as I am just one property owner landlord)?, who can  ask for doctor reports etc. Any help will be much appreciated
thanks
Jockzero

Don't start asking for medical reports or seeking help from a solicitor until you first give them notice.As J.P.says above,tell them you are thinking of their welfare.The requirements for suing on health grounds are quite stringent.requiring evidence not just of health problems but proof that the cause has been the living conditions.They would have to find a solicitor to take it on,and they will not waste their time and money if the result is not guaranteed.
If they are bluffing,it's time to call their bluff.Come back for more advice after you have had a reaction to serving notice.   

Just to update you that one of  the tenants said that she has now been to the doctors and they said that she has Laryngitis that the doctor says may or may not been caused by the ceiling falling down.  The tenants still haven't paid the rent!
The flat was thorughly cleaned after the remedial work but the tenant complains she finds a tiny pieaces of dust that the cleaners might have missed which I readdressed by calling cleaners again.
I don't know what to do next as I am afraid the tenant might sue me if I give a notice to leave (three months notice in Scottish law). Any suggestions will be appreciated!
Jockzero

You have already been advised to serve notice.Laryngitis is a mild illness that usually clears up in a week or so,it is very common and has numerous causes.The likelihood of them being able to sue you are very small indeed.The alternative is that you continue to let them live there rent free.If you are really nervous you should see a solicitor to guide you through the process.Stop wavering,take some action.

Another thought,you could contact your local environmental health office,and ask if they can call to asses the air quality.If they find nothing amiss I think that would put paid to this hold they have over you.Even if they paid the arrears I would not want to have them living there.

Thanks again guys for your suggestions. i did contact enviromental health and they said that they don't do that kind of thing and suggested a company that charges £3000!  for monitoring air quality! In Scotland the law is much in FAVOUR OF THE TENANT THAN THE LANDLORD! ie three months notice for tenants to leave with reason to leave of which the tenant can appeal and a rent freeze.I am now looking for a solicitor but it won't be cheap!
Jockzero

Do choose your solicitor carefully.You need someone with special experience of such cases.There is also the matter of the unpaid rent.In England tenants can't just decide to stop paying in such circumstances,Maybe it's different north of the border? Have you written a formal letter telling them to pay the arrears?