Ex tenant problem

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subsea99

Original Poster:

464 posts

172 months

Friday 27th February 2015
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Hi all looking for legal advice regarding an ex tenant ,my solicitor has not been very helpful in the matter .

Tenant was in 18months ago and at the time the property was owned by myself and sister,around that time sister was wanting bought out so we thought we would have to sell so notice was given.

In the end I bought sister out and kept property on I told tenant she could stay as long as she wanted.

I was always having to get electrician up as she treated the place like a Chinese laundry and kept tripping storage heaters with drying clothes on them them said house was damp and got council up who said it was condensation from her drying clothes with no ventilation.
So I'm not sad to see the back of her

The tenant had decorated the house and got solicitor involved and came to a figure of £600 that we should pay for decorating costs.

I have re billed a figure of £100 for replacing lock as she held onto keys for 2 weeks after her handover day

My solicitor said just to pay it as it more hassle than its worth.


Thanks for you help in advance

R_U_LOCAL

2,676 posts

207 months

Friday 27th February 2015
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Did they ask permission to decorate? Did you give permission? Was the cost of decoration discussed at any time?

jbsportstech

5,069 posts

178 months

Friday 27th February 2015
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Do you have an inventory from when she took the property? stating the condition as not decorated as to what it is now.

She should not have decorated without permission never heard anyone being bill for letting then tenant decorate eek

Eclassy

1,201 posts

121 months

Friday 27th February 2015
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Hahahaha

Please do not pay this! Worst this will cost you is one day out of work going to a court hearing (if it gets that far)

So unless you earn £600 a day please tell her to take you to court.

Rangeroverover

1,522 posts

110 months

Friday 27th February 2015
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Unless you have asked the tenant to decorate she gets nothing,better yet if she did not ask your permission you should be charging her for putting the colour scheme back as it was.

Your Solicitor is being lazy, don't waste money on solicitors advice just ignore her letters

subsea99

Original Poster:

464 posts

172 months

Friday 27th February 2015
quotequote all
I had hoped they had forgotten about it but low and behold an email from my solicitor today asking about it.

yes i believe he is being lazy.

she was told she could decorate the house,I was going to get someone in to do it but she wanted to do it herself.

she is on legal aid so its not costing her a penny with solicitor.

she was a pain in the backside when she was in the house,but if anything needed doing it was done within 48hrs as it always is.

cheers for the input

TooMany2cvs

29,008 posts

125 months

Friday 27th February 2015
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subsea99 said:
I had hoped they had forgotten about it but low and behold an email from my solicitor today asking about it.

yes i believe he is being lazy.
No, he's trying to save you his costs, which will very quickly add up to more than the £500 in question.

JustinP1

13,330 posts

229 months

Friday 27th February 2015
quotequote all
subsea99 said:
she was told she could decorate the house,I was going to get someone in to do it but she wanted to do it herself.
What exactly was agreed when she wanted to do it with regards to recompense?

What was the reason the redecoration needed to be done?

Do you have any records of this in writing?

On the face of it, I'd stick with the current status quo. By that I mean, suck up the £100 for changing the locks. When you have a dodgy tenant, that's a good idea to do anyway.

The onus is on them to prove you owe them £600. By letting sleeping dogs lie, you are setting out your stall that if you were sued, it would not be risk free - you would counterclaim for your £100.

Davel

8,982 posts

257 months

Friday 27th February 2015
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Did it need decorating due to your Tenant's neglect, by allowing the damp to build up inside the property?

subsea99

Original Poster:

464 posts

172 months

Friday 27th February 2015
quotequote all
The house was due for decoration after previous tenant left and i was going to do it myself and she asked if she could do it in her own colours as i was just going to go magnolia all over.

There was nothing ever put in writing,she was even trying to get me to pay for a carpet that she put down that was never agreed to as nothing wrong with what was down.

After i bought my sister out she was told that she could stay and have as long a lease as she wanted but she declined and moved,probably for the best anyway.


cheers

Eclassy

1,201 posts

121 months

Friday 27th February 2015
quotequote all
Ah.... New deatils

If the house needed repairs and you were going to do this but the tenant elected to do the repairs themself then its only fair you reimburse the tenant.

It would be different if the property was in good condition and the tenant just fancied a new lick of paint or wooden floors over the carpet.

I have done this in the past (never again) where I have let a tenant hold on to rent in exchange for them carrying out repairs/redecoration themself.

Without anything written she would have a hard time proving her case but based on what you have written, I think the gentlemanly thing to do is reimburse her.


Vaud

50,291 posts

154 months

Friday 27th February 2015
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Ask for proof of costs incurred? £600 is a lot of paint, etc

JustinP1

13,330 posts

229 months

Friday 27th February 2015
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Vaud said:
Ask for proof of costs incurred? £600 is a lot of paint, etc
Exactly this.

I'd write back saying that I'd cover the costs for all materials that there were receipts for.

She wanted to have the benefit of doing it herself so she could choose different colours, so she can hardly expect X per horror her time.

Indeed, if she's replaced the carpet off her own back then that's her own problem too.

AndrewEH1

4,917 posts

152 months

Friday 27th February 2015
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£100 for a lock!?

Also, if this woman was such a pain I'd write off the cost of the lock and avoid more legal fees to finally get rid of this woman and move on.

Edit: Just realised you haven't paid the £600 yet. Ask for receipts. No receipts no money.

Edited by AndrewEH1 on Friday 27th February 12:18

PAULJ5555

3,554 posts

175 months

Friday 27th February 2015
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Why would she want to pick colors if she was leaving, sounds like she is bumping the price up.

You will also need a receipt to offset these expences against income on your tax return.

I'd want to see receipts/breakdown of costs. If she is charging you for labour then make sure to tell HMRC/benefits agencys about her earnings or tell her that you will - she may reduce the bill

Adrian E

3,248 posts

175 months

Friday 27th February 2015
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AndrewEH1 said:
£100 for a lock!?
Easily - just spent that for a neighbour on a replacement Assa 6 pin. Kite-marked upvc locks are £40+ too

subsea99

Original Poster:

464 posts

172 months

Friday 27th February 2015
quotequote all
Re lock : i used to be in the trade and a good lock insnt cheap ...buy cheap buy twice plus fitting,any locksmith would charge that once you have to call them out.

The painting was just to freshen it up it was by no means run down,my tenant i have now is very happy.

Im still waiting on receipts as i wont pay anything without them.





wc98

10,334 posts

139 months

Friday 27th February 2015
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as an aside, a good tip for landlords ,particularly in scotland where days suitable for hanging washing outside may be in short supply,buy a dehumidifier . a decent one can be had for under 200 quid,and can save a lot of damp problems.

subsea99

Original Poster:

464 posts

172 months

Friday 27th February 2015
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Yeah totally agree re the dehumidifier there are 2 in house now and I even bought a damp meter to check myself

coopedup

3,741 posts

138 months

Saturday 28th February 2015
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I asked a previous landlord if I could decorate the place which was pretty good anyway, she said yes and I did the whole place for less than 100 pounds easily, somehow I don't think her maths adds up rolleyes