UK Landlord Forum / Life

Afternoon folks,
I definitely won't be a one post wonder !

A little background. My father worked hard and bought a few properties in the 60's. It was Bedsit Boom Time and he did pretty well out of it.
He tried to do the right thing and keep the houses in good order, but he was from a make-do and mend era. The house maintenance slipped a bit.
He's 91 now and we've taken over the running of the properties.

In one particular house, we've a fairly unpleasant tenant. Been there a while, multiple years now. In the past he's had my dad up against the wall threatening him, and has been heard to say he intends to 'get the house off my dad' ... though I'm not entirely sure how he intends to do that.

Last spring he started withholding rent , demanding we replace the front bay window. We explained that's not really how this works, he paid up, we replaced the window for the common good. The house is fully double glazed but they're of an age.
Last Autumn he got in touch with the Council about the property and repairs needing doing. He didn't inform us first, just put in a complaint to the council.
They've sent Environmental Health round and they've given us a list of repair they deem necessary, and a couple of recommendations.
One thing he complained about was the ground floor bathroom shower tray needing replacing.
Our builder went round and suggested it'd be better to just rip the bathroom out and fit an completely new one.
We've agreed and he's done it, well above and beyond the requirements and expectations of the EH. We replaced the bathroom window too.
And the kitchen window.
And had a new chemical damproof course done in a slightly damp area.

He's now put ANOTHER complaint to the EH.

This is their list ... considering they'd already been round and provide 1 list which we've complied with above and beyond ...
•            The window frame in the back bedroom is broken.

•            The old fireplace in the back bedroom has gaps in it and lets drafts in.

•            The window in the front bedroom does not have any restrictors.

•            The front door has non safety glass and is difficult to open.

•            There are bare walls in the kitchen that cannot be cleaned properly.

•            The kitchen door has glass which is non safety glass.

•            The back garden path is uneven where works have taken place but not finished.

•            There are bricks covering the drain in the back garden.

•            Some doors have gaps and do not close properly.

•            There is damp on the walls under the window in the downstairs bedroom.

•            Some radiators cannot be turned up or down.

•            Some of the worktops in the kitchen have rough edges and cannot be cleaned properly.

•            There is black mould in the back bedroom.


My question is is how reasonable are these and how enforcible is it? it's a private rented house and he's not claiming HB.
Some are easy to rectify, Some seem very trivial and nit-picking.
I could go round my own home and pick out this many issues.
Just seems a bit like they're gunning for us.

Thanks in advance
G.

Further reading and investigations suggests

"Don't call Environmental Health if you're experiencing a trivial disrepair that doesn't prevent you from comfortably using the property, for example, if there is a broken chair or a table.
The Housing Advice Unit only deals with situations where the tenant's health is threatened, like:

Faulty or dangerous gas and gas appliances
Defective electrical wiring or electrical appliances
A lack of fire safety and precautions
An infestation such as rats or cockroaches
Problems with sewage, blocked drains or rubbish
Rising damp or mould growth
Unreliable external doors or windows
Broken glass, falling plaster or dangerous stairs and walls
Insufficient heating or hot water
No access to running water and sanitation facilities
Stress (such as unfinished repairs making life unbearable)"

And from gov.uk the tenant has responsibility to :-

" Look after the property
The tenant is required to look after the property to a certain standard, and:

report any repairs needed to you       He never has, he simply goes straight to EH without giving us any chance to rectify or discuss
where possible, make sure the home is well ventilated (to help avoid condensation and damp)       He doesn't. Keeps all windows shut and dries clothes on rads etc.
carry out minor maintenance (such as checking smoke alarms are working and changing light bulbs)
dispose of all their rubbish, and keep the house reasonably clean"

And speaking with my family, the tenant told the builder that he'd paint the bathroom ceiling and the builder didn't need to.
The tenant then hasn't painted it and reported it to EH.

I trust the builder and I've known him and worked with him for 20 years.

It's my firm belief that tenants have the right to live in a dry, warm, safe, house, and if there is a safety issue with non-toughened glass in doors, we're happy to replace the glass /doors etc.
I can also see a 'accidental trip' occurring in the garden, even though it's been like this for numerous years and he's never tripped up on it. The house is at least 150 years old.

I just suspect we'll sort all this snagging list and then he'll be back with more demands.

What is stopping you evicting this difficult tenant?

Quote from: jpkeates on January 19, 2023, 05:20:12 PM
What is stopping you evicting this difficult tenant?

I put in a complaint to EH about the property I'm renting. They told me the agent/landlord couldn't evict me while a case was open.

I didn't look further into whether this is true.

Quote from: Inspector on January 19, 2023, 05:49:18 PMI put in a complaint to EH about the property I'm renting. They told me the agent/landlord couldn't evict me while a case was open.

I didn't look further into whether this is true.

It's not quite as simple as that, but a serious safety notice can make a section 21 notice invalid for a period.

My point was that this tenant had been violent prior to this and was still a tenant able to complain to Environmental Health.
Which makes me thing that there's more to this than just a series of complaints.

Quote from: jpkeates on January 19, 2023, 05:20:12 PM
What is stopping you evicting this difficult tenant?

we can't as there's an open EH complaint... and he's therefore protected from 'revenge eviction' 

Quote from: jpkeates on January 19, 2023, 05:59:32 PM

Quote from: Inspector on January 19, 2023, 05:49:18 PMI put in a complaint to EH about the property I'm renting. They told me the agent/landlord couldn't evict me while a case was open.

I didn't look further into whether this is true.

It's not quite as simple as that, but a serious safety notice can make a section 21 notice invalid for a period.

My point was that this tenant had been violent prior to this and was still a tenant able to complain to Environmental Health.
Which makes me thing that there's more to this than just a series of complaints.

My Dad wouldn’t have filed a police report so the past violence is heresay I guess.
The tenant is a bully and comes across the big I am on the phone to my sisters, but if I call him he’s obsequious and goes on the charm offensive.

He’s figured out he can say jump and we have to say how high. The EH officer is completely on the tenants side, despite us well going above and beyond on their first list.
Now there’s this 2nd list. Looking though it one item is the old chimney breast allows a draught … they need to allow airflow to avoid damp…. “ window in the front bedroom does not have any restrictors.” what is a restrictor on a window? To stop it from opening? Surely that’d apply in a high rise flat but would contravene fire regs?
I’m not sure these come under Environmental Health’s remit ?

The key thing is what form the communication from the council is in. Is it a list of things they'd like you to do or is it a formal improvement or emergency remedial action notice served under section 11, 12 or 40(7) of the Housing Act.

Is the tenancy a Rent Act tenancy?