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Suspicious re tenant's motives re alleged accident in property

Started by francie, November 12, 2017, 09:25:48 AM

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francie

Thank you for including me in group. I have a situation that has me worried and would be very grateful for advice. I have a relatively new tenant (July 2017). When rent wasn't paid this month, I sent him a text to let him know it hadn't arrived into my account. No response so followed that up with an email. Still no response so followed up with letter delivered by hand and followed this hand delivered letter up with same by registered mail. Have now received email in which he says he tripped on stair carpet taking rubbish downstairs, hurt knee and hit face on door handle which resulted in two weeks off work and therefore hasn't been able to pay rent. He also says he has tried to contact me by phone both by ringing and texting. I replied to thank him for getting in touch as requested and to say that he needs to let me know if rent is going to be late and did he want me to have someone come to fix carpet. The dates he gives for non-payment of rent, accident , time off work don't tally but I haven't drawn attention to that. He has since sent another email with photo asking why stair carpet has join halfway up. The stair carpet was fitted properly and has grippers fitted under carpet on each step. He also now says he was unable to contact me previously as his phone was broken in fall and he didn't have my number. This is directly contrary to what he claims in previous email. I really am at a loss of how to proceed. I haven't asked him again about late payment of rent as I took that as read that he would pay as soon as he was able but am wondering how best to handle this as I feel he is working towards making a claim against me. I haven't yet responded to email with photo of stair carpet and question as to why it was fitted in two pieces. He seems to be suggesting that is reason for fall. Many thanks for any advice.

Housingenforcers

Hi the way forward is to address the tenants issues with the carpet if at all true. As mentioned his stories don't seem true with the change of events and stories. Regards the rent see if he pays the next month if not consider section 8. You will have to make sure the carpet is addressed and get your contractor or who ever to take pictures prior to the repair. This will be your evidence should he try and blame you or claim that you haven't repaired it.  Tenants come up with all excuses not to pay the rent and why some are true and genuine others are not. You could email him notifying him notice to attend the property and also ask how he intends to pay the rent arrears.

Simon Pambin

It's fitted in two pieces because that's how almost all stair carpets are fitted, so that won't get him anywhere unless he wants to try suing the entire UK carpet fitting industry. In order to  win compensation from you in the courts, he'd have to demonstrate that, on the balance of probabilities, you were negligent. If the carpet was professionally fitted, there were no defects that you were aware of or should reasonably have been aware of when your tenant moved in, and he hadn't notified you of any problems prior to the incident, then you were not negligent. However, that's not to say your insurer won't just fold at the first opportunity and pay up rather than run up legal costs that they may struggle to recover.

francie

Thank you both for your advice. I have emailed the tenant to ask him for a convenient time for a carpet fitter to attend the property and, should he (the tenant), not be available whether I have his permission to attend the property with the carpet fitter in his absence (accessing the stairs only). He has not responded. I will give it a couple days and contact him again. If some of his claims are genuine (that he fell down the stairs, injured himself, had to take time off work, broke his phone), I feel badly for him but I don't feel responsible. There were no issues with the carpet beforehand and there is a handrail fitted. He said he was carrying out rubbish at the time so I assume his hands were full. I still feel he is looking for some financial compensation and don't really know how to address this so he feels satisfied without my suggesting I am liable. Thank you again.

heavykarma

I would refuse to get drawn into anything until the carpet fitter attends and gives his verdict.If the carpet is fine,just ignore all this nonsense and proceed as one would with rent arrears.I have to say I would want rid of this tenant asap.If he injured himself so badly he would have gone to A&E/doctors,and would presumably have to give proof of this if trying to claim.You can't be held responsible if he did fall due to having both hands full.Health and safety called on the local paper,as a result the reporters can't go downstairs to fetch a coffee for themselves and a colleague,one hand must be free to hold the handrail.

francie

Thank you again. I am so grateful for your advice. Still no word about when a carpet fitter could attend property so will give it a couple more days and then ask again or alternatively, tell him when I have arranged someone to come. Am I right that if I give him sufficient notice I can enter property with carpet fitter to make repair?

heavykarma


MrsG1958

Hi this sounds so familiar to a situation I had with a house I once owned, tenant stopped paying rent, after months of trying to make arrangements for payment I had no alternative other than to start eviction process, I didn't want to but I couldn't afford to have someone in the property who wasn't making any effort to communicate with me or pay any rent. Once the eviction process started I received a phone call to say she had fallen down the stairs, long story short,  it went to court, she was evicted inbetween times she sued me (my insurance company was great),they inspected the stairs etc and were very supportive. She ended up getting £5k compensation for "alleged injuries" (she was unemployed when she allegedly fell) she left owing over £3000, she gave a false forwarding address and I never received a penny.  What I did find when I cleared the house was over 40 red wine bottles on top of the kitchen cupboards and in the shed, she also tore the wallpaper and did other damage and took my washing machine, in court she sat crying crocodile tears and when we left she looked at me and said some comment about the judge being an absolute push over, he gave her a year to sort herself out and repay what she owed but as she gave a false address there was nothing I could do.
Fortunately most of my tenants are great, they pay on time, when something goes wrong they contact me, it's repaired and everyone's happy so I try not to let my one bad experience cloud my judgement of tenants. 

francie

Thank you again. I can only hope this tenant will not create more problems and all will end well. Will let you know outcome. I am so grateful to have people to check things out with. Fabulous.

MikeL

Quote from: francie on November 15, 2017, 11:03:23 AM
Thank you again. I can only hope this tenant will not create more problems and all will end well. Will let you know outcome. I am so grateful to have people to check things out with. Fabulous.
You sound a little too hopeful ! If this tenant doesn't cause you lots more problems I will eat my hat. The best you can hope for is that you serve him a section 21 notice 8 weeks before his AST ends (hopefully its a 6 month AST and not a 12month one ) and then he leaves when he should so you don't have to go to court to evict him and also that doesn't leave your place a wreck.
         I hope you have complied with all the requirements to enforce a section 21 like testing the smoke alarm ,giving him the EPC , the how to rent book  , a copy of the gas safety certificate , deposit protection etc because if you haven't then if he is that way inclined he will be sitting comfy in your property for a lot longer than 6 months probably not paying any rent while you scramble around court system  trying to get a section 8 sorted out as your section 21 will be invalidated. Good luck I hope it doesn't come to this for you .