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Rent rise Long term tenant-Garden Maintenance

Started by JH511, March 14, 2017, 01:25:57 PM

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JH511

Hello, I'm a long term tenant of 14 years in the same property. For 12 years I had an excellent relationship with my private landlord. I rented the property as the landlord covered all garden maintenance as he considered it was his responsibility ultimately. For 12 years we had no problems. I looked after his property to a very high standard ( letters to support this) and both of were happy. Sadly he died in 2014, as hew as about to update the property for me. His son inherited the house which has no mortgage on it, so my rent is profit for him.

In 2015 when I signed a new tenancy of two years, he convinced me nothing would change as he wanted to carry on as his father did. Within three months of me signing my new agreement, he started to complain about the garden, which by the way is large, with many ant hills in the back garden, tall large shrubs and hedges all of which at 64, single cannot cope with. I felt pressured as he was complaining about the cost so I paid £100 towards the £240 maintenance. I can ill afford this as I only earn 13K a year. Then another 8 months on he sends me an invoice for the £240 via email with his bank details, no letter, just bank details. This was now twice within my tenancy he's asked for additional money. I refused. Then I decided I would pay half, so paid £120 two weeks later. I received no thanks, no receipt for the money.

My tenancy is now due to end in April and out of the blue he's decided to hike my rent up by £30 a month, now that may not seem like a lot to many people, but at 64 on a very low wage, that is a huge amount. I have never, ever missed paying my rent. I have had damp for nearly 5 years because the property had no proper heating, the seals on the double glazing have gone, my carpets are threadbare and the house has not had any maintenance done on it in 14 years apart from what I have done.

* With regards to raising the rent, I understand from the GOV.UK.org website that private landlords if raising the rent must give notice correctly, i.e if weekly or monthly tenancy, one months notice, if one year tenancy or longer by 6 months. I am not against a rent rise, my old landlord use to do just £5 or £10 per month every couple of years. 

THE GARDEN: I have also been led to believe the following, which if anyone could confirm would be much appreciated.

The tenant if responsible for the maintenance of a garden which will have been outlined in the original tenancy agreement (AST) is not responsible to provide all the tools required to maintain it. Especially if the property has a large garden with various shrubs/hedges etc or a landscaped garden it may be advisable to employ a gardener and incorporate some of the the cost within the rental price. Ultimately the garden long term, benefits the landlord not the tenant. It is advisable to ensure gardens are as low maintenance as possible from the outset as a landlord cannot expect a tenant to provide tools which is an additional expense to maintain their garden.

The Office of Fair Trading although it ceased in 2014, has now been taken over by various government depts ( GOV UK.org) stated: The Landlord must provide the garden tools the Tenant will need for this, such as a lawn mower suitable for the size of garden, spades, hedge cutters and have an RCD protected electrical supply (an electrical supply with a circuit breaker to prevent electrocution), and provide safety gloves. Ideally the socket nearest the garden should have a built in RCD so as to protect the tenants if they use any electrical equipment outdoors. Alternatively the Landlord could provide a gardener and pay 75% of the cost, and the tenant 25% of the cost included in their rent. Tenants do not have a long-term benefit from the garden, so the Landlord should pay the greater share of the cost, as they receive the long-term benefit. Many landlords are choosing this option now.

Hippogriff

What has been written here does not sound correct to me... all of my agreements will stipulate that the Tenant is responsible for the garden. The angle about long-term benefit is a confusing one, as surely that could be applied to any aspect of the property being let? The Landlord is generally responsible  for things like gutters and roofs - not gardens. I make it clear in my agreements, but I think this is accepted anyway. The Landlord's repairing obligations are clearly outlined in the Landlord and Tenant Act, 1985, Section 11.

However, all of that said... while the property is being let to you - it is yours to do with as you wish, the Landlord can't really come along mid-tenancy and complain about the state of the garden (or, indeed, anything else, really) as long as you hand it back in the same state of 'repair' as it was when you took it on.

As for rent increases - you need to objectively figure out whether you are onto a great thing here and you've got a property well below market rate - £5 to £10 per month per year seems low as an increase goes, to me. I also do very small incremental, but regular, rent increases and they're usually at the £15 to £25 mark. It could be the case that you've had a good thing for years.

JH511

HIPPOGRIFF: Thank you for your reply, but I feel you have probably answered my posting with a " broad, global" answer opposed to my personal situation - if I'm wrong, then I apologize. As it appears from your reply whether I have been a good, bad, indifferent tenant for 6 months, 6 years or in my case 14 years is irrelevant. I get treated the same as someone who may rent from new. I wonder too, if you are a buy to let landlord, where obviously you may need to keep abreast with market rents - and whether you have tenants of 14 years or longer. If there is NO difference to the treatment of a long term good tenant to a property that has many changes, where tenants don't care, and where the landlord has to re-market the property or have it empty for periods between tenants - then no wonder the private rental sector has bad press. The photos I uploaded of the issues I experience, again seem to be overlooked in favor of the landlord being able hike up rents to a long term tenant, just because he can....I don't see why after 14 years my tenancy should be changed, if it was 14 months, then may be. The property I'm in is NOT a buy to let, it's a sentimental, family owned property. The garden was covered in my tenancy as the original landlord (father) considered as it's a rural property and size of the garden he would gain better, long stay tenants if he maintained it.

Lastly; on this website a landlord has actually written about the topic of raising rents, how to do it, when to do it, and when not to....Even suggesting long term good tenants are worth their weight in gold basically, should be looked after and perhaps a 10% reduction on market value rent should be offered to them, as what a landlord MAY gain in a few pounds, he may lose elsewhere - and may not be worth upsetting a good tenant. Here is the link: http://www.propertyinvestmentproject.co.uk/blog/increasing-the-rent/

No property (home) should be seen as an asset or investment to make money - it is part of the problem in the UK as houses are not really seen first and foremost for the stability of having a home, and without stability society starts to crumble. Thank you for your time.

Hippogriff

Your thought process here sounds, with respect, slightly unbalanced. Maybe you can live in hope. The Landlord you have is the one you have. It matters not what blogs may say on the topic, it's merely opinion and, categorically, has no bearing on the situation you find yourself in. The rent increase you refer to has already come your way, your choice is whether to accept it, or protest, or negotiate. If you protest and / or fail to reach agreement then the Landlord can just serve you a Section 13 imposing the rent increase upon you.

The history is irrelevant, your Landlord today is relevant.

Whether you have been a good, bad or indifferent Tenant is definitely irrelevant... and would be subjective anyway.

I would propose you seek to negotiate an outcome you can live with.

Your last sentence is anachronistic in the extreme.

heavykarma

I think bringing Marxist ideology into things will do your case no good,especially on a forum run by BLT landlords! I do agree that a reliable long-term tenant can be worth making concessions for.That said,you have had a good run for your money by the sound of things.3 of my properties have gardens,and the leases state that they are the sole responsibility of the tenant.I used to provide mowers,but the tenants left the grass too long,and wrecked them.I don't bother now,and it is up to them to make their own arrangements.You are expecting some kind of paternalistic relationship with the new landlord.but this is not how he views things.It might be time to move on if you think you are being hard-done-by.Be aware that you may be in for a rude awakening!

andkay

Hi lets look at the facts only.  You may have been a long term tenant however your agreement was for 2 years and is now up for review.  The Landlord must give you notice to raise the rent and it must be a reasonable rise.  This would normally happen 3 months before the end of the contract so that if you do not wish to renew then they may serve you a section 21 notice to leave and give you the required 2 months notice.  Have you looked at the going rate in your area for properties of similar size?  Try looking on Right Move.

The garden may be large but once you have paid for it to be brought under control it would be easy to maintain yourself.  Trees and shrubs need very little care the contractors who come in will always cut the shrubs and trees because it looks good, so I suspect on a weekly basis during the growing season you would only have to cut the grass.  At most a couple of hours.
The Landlord is required to provide you with heating, deal with the damp and keep the property to a reasonable standard of repair.  You could get help from your local council to enforce this. 

But the bottom line is if the Landlord no longer wishes to rent to you he doesn't have too.

Snowflake

OP, if the garden is too big for you and there are problems with damp & you don't like the rent rise then maybe it is time to move on. I would look around before notifying Landlord of moving on, see what there is and if there is anything out there you would prefer, this would avoid two sides unhappy with a situation that suits niether. If as said above you find everything else the same or worse then your just going to have to deal with it the same as everyone else, after all why should you be different? Loads of people rent for ages, do repairs (mainly because some LL just don't care unfortunately) but still get standard treatement from LL.