House rental question
Discussion
I have a house which I rent out via an agency. The agency have just forwarded a letter from my new tenant (who I've had nothing but trouble with since he moved in and whose rent is currently >2 weeks overdue 
), who claims that the door to the electricity meter has blown open and caused damage to his car and is expecting me to pay for the damage.
My first issue is whether to believe this tale or not. Judging by my experiences so far, it wouldn't be a huge surprise to find that he's trying to pull a fast one. Also, I'm not sure how much damage a lightweight plastic door could do to a car, and I'm wondering how close he must have parked to the meter cupboard for the door to make contact with the car in the first place!
Assuming he is telling the truth and his car has been damaged by the door, where do I stand on this? Is it my responsibility, or is it the responsibility of the electricity company, after all, the only plausible explanation for the door coming open is that they didn't close/lock it properly after reading the meter?
I don't have any more details than that at the moment. He hasn't specified what the damage is to the car (an old Fiat Punto) nor what he expects the cost of the repair to be. I'm just looking for some opinions before I go back and discuss this with the agency.
edited for clarity
>>> Edited by thegreatsoprendo on Tuesday 18th January 11:12
), who claims that the door to the electricity meter has blown open and caused damage to his car and is expecting me to pay for the damage. My first issue is whether to believe this tale or not. Judging by my experiences so far, it wouldn't be a huge surprise to find that he's trying to pull a fast one. Also, I'm not sure how much damage a lightweight plastic door could do to a car, and I'm wondering how close he must have parked to the meter cupboard for the door to make contact with the car in the first place!
Assuming he is telling the truth and his car has been damaged by the door, where do I stand on this? Is it my responsibility, or is it the responsibility of the electricity company, after all, the only plausible explanation for the door coming open is that they didn't close/lock it properly after reading the meter?
I don't have any more details than that at the moment. He hasn't specified what the damage is to the car (an old Fiat Punto) nor what he expects the cost of the repair to be. I'm just looking for some opinions before I go back and discuss this with the agency.
edited for clarity
>>> Edited by thegreatsoprendo on Tuesday 18th January 11:12
Presumably you have 3rd party cover on the property and the insurers know it is let? If not, that's your first problem.
Secondly, if you have him on the 'standard' short 6 months tennancy agreement then being more than 14 days late with the rent triggers some sort of interest charges and/or him liable for notice for eviction.
Tell him that because his rent is late he has no claim and that unless his rent is brought immediately up to date and kept that way, you will serve 1 month's notice to quit.
In other words turn it all back on him.
Secondly, if you have him on the 'standard' short 6 months tennancy agreement then being more than 14 days late with the rent triggers some sort of interest charges and/or him liable for notice for eviction.
Tell him that because his rent is late he has no claim and that unless his rent is brought immediately up to date and kept that way, you will serve 1 month's notice to quit.
In other words turn it all back on him.
Sounds like he is trouble. I agree that if he is late paying, then he has broken the terms, and you should serve him his two months notice to quit.
This meter story is just a con trick.- I bet he asks for the damages in "cash". How can a plastic door cause any damage!
I have had tenants that started badly, and I stuck with it hoping things would improve, - they didnt.
Cut your losses and out him.
This meter story is just a con trick.- I bet he asks for the damages in "cash". How can a plastic door cause any damage!
I have had tenants that started badly, and I stuck with it hoping things would improve, - they didnt.
Cut your losses and out him.
Look at the AST. He should be responsible for the cost of the gas/electricity used. There for it's for him to take up with the provider if he is saying that they didn't shut it properly.
If they are card meters as in most rented properties then it's almost certain that he left it unlocked in any case.
If he is behind with his rent you should also contact the letting agancy and ensure that they know that you want them to chase for the money. If he doesn't pay there should be a clause that allows you to kick him out and keep as much of the deposit as required to cover the overdue rent.
One word of warning make sure the agency keep a very close eye on the property as there is always the concern that they could mistreat the property and do a runner...
You may also want to talk to the Agency about getting the tennant's name put on the 'black list'with the agents in the area should you have much more trouble with them. For certain all the agents local to me have a list of people who they wouldn't let a property to as a result to their previous record. At the end of the day this is something your agency should sort out for you - that's why you pay them, not just to find the tennant.
If they are card meters as in most rented properties then it's almost certain that he left it unlocked in any case.
If he is behind with his rent you should also contact the letting agancy and ensure that they know that you want them to chase for the money. If he doesn't pay there should be a clause that allows you to kick him out and keep as much of the deposit as required to cover the overdue rent.
One word of warning make sure the agency keep a very close eye on the property as there is always the concern that they could mistreat the property and do a runner...
You may also want to talk to the Agency about getting the tennant's name put on the 'black list'with the agents in the area should you have much more trouble with them. For certain all the agents local to me have a list of people who they wouldn't let a property to as a result to their previous record. At the end of the day this is something your agency should sort out for you - that's why you pay them, not just to find the tennant.
I can't help but think that this thread could so easily have been something like...
"I'm renting a house and in the recent winds, the door to the electricity meter blew open and hit my car. It's not much (only a Punto), but the landlord says it isn't his problem and has now served me notice." - cue various PHers telling him to sue the pants off the landlord, sow cress seeds in the carpet, kippers under the floorboards, etc. etc.
Edit: My point? I don't feel that there are sufficient facts to make an informed opinion, and some of the posts made so far based on this insufficient information are mildly laughable.
>> Edited by JonRB on Tuesday 18th January 11:42
"I'm renting a house and in the recent winds, the door to the electricity meter blew open and hit my car. It's not much (only a Punto), but the landlord says it isn't his problem and has now served me notice." - cue various PHers telling him to sue the pants off the landlord, sow cress seeds in the carpet, kippers under the floorboards, etc. etc.
Edit: My point? I don't feel that there are sufficient facts to make an informed opinion, and some of the posts made so far based on this insufficient information are mildly laughable.
>> Edited by JonRB on Tuesday 18th January 11:42
The sad thing is that, even serving notice to quit, still means that he can avoid paying rent for a while and it also often takes a while to actually get him out.
You can't simply evict sadly because the council get involved and legally I don't think that you can make someone homeless, tempting though it may be.
The other thing is that he might simply do a runner, with no forwarding address so, not only are you out of pocket but he may well cause damage or steal stuff before he actually vacates.
Have the agents inspected the property recently? Is he in breach of anything else apart from non-payment?
I've usually found agents a waste of time because they collect the rent, deduct their commission and do little else when things go wrong.
You can't simply evict sadly because the council get involved and legally I don't think that you can make someone homeless, tempting though it may be.
The other thing is that he might simply do a runner, with no forwarding address so, not only are you out of pocket but he may well cause damage or steal stuff before he actually vacates.
Have the agents inspected the property recently? Is he in breach of anything else apart from non-payment?
I've usually found agents a waste of time because they collect the rent, deduct their commission and do little else when things go wrong.
JonRB said:
I can't help but think that this thread could so easily have been something like...
"I'm renting a house and in the recent winds, the door to the electricity meter blew open and hit my car. It's not much (only a Punto), but the landlord says it isn't his problem and has now served me notice." - cue various PHers telling him to sue the pants off the landlord, sow cress seeds in the carpet, kippers under the floorboards, etc. etc.
Edit: My point? I don't feel that there are sufficient facts to make an informed opinion, and some of the posts made so far based on this insufficient information are mildly laughable.
>> Edited by JonRB on Tuesday 18th January 11:42
This is so true. However, my comment was made on the information available. Everyone without exception on PH comments on the information available. It is up to the original poster what line to take as they are in the situation and best know how to deal with it. Clearly this is the landlord asking for advice, if it was the tennant then we would advise accordingly on their side of the argument. That's the joy of PH isn't it?
JonRB said:
I can't help but think that this thread could so easily have been something like...
"I'm renting a house and in the recent winds, the door to the electricity meter blew open and hit my car. It's not much (only a Punto), but the landlord says it isn't his problem and has now served me notice." - cue various PHers telling him to sue the pants off the landlord, sow cress seeds in the carpet, kippers under the floorboards, etc. etc.
I was thinking something similar as I was writing the post. For the record though, I haven't served notice on him, and strongly hope I won't need to. I haven't even ruled out meeting the cost of the alleged damage to his car provided:
i) He pays his rent.
ii) I can satisfy myself he's not pulling a fast one (even if it means a 400 mile round trip to inspect the damage for myself).
Davel said:
Have the agents inspected the property recently? Is he in breach of anything else apart from non-payment?
He only moved in at the beginning of December, so there has been no inspection as yet.
He's not in breach of anything else as such (at least not to my knowledge!), but suffice to say in the short time he's been there, he been significantly more hassle than all of my tenents for the last 4 years combined!
Davel said:
I've usually found agents a waste of time because they collect the rent, deduct their commission and do little else when things go wrong.
, , and thrice Sounds like rubbish to me.
Though I did once get an old landlord to pay to repair a dent in my car door because one of their barn doors blew open (they'd forgotten to secure it) and smacked into the side of my car. He'd told me I ahd to park there so he didn't really have any choice.
Though I did once get an old landlord to pay to repair a dent in my car door because one of their barn doors blew open (they'd forgotten to secure it) and smacked into the side of my car. He'd told me I ahd to park there so he didn't really have any choice.
JonRB said:
I don't feel that there are sufficient facts to make an informed opinion, and some of the posts made so far based on this insufficient information are mildly laughable.
You are, of course, right on all counts.
As Tyresmoke said; all that we can do is reply based on the facts before us. In particular you will note that he indicated the tennant has been nothing but trouble since the start...
There are always two side to every story...
FWIW if this had been the other way round I would have suggested that the first thing the tennant do was pay the rent up to date.
I am biased being a Landlord. However, my thoughts are that he is renting the property so he has a general duty of care which means if the meter cupboard door is loose he should let you know and / or not park next to it. Personally, I think he's got a cheek trying to get money out of you when he is behind with the rent.
If he had been a model tennant I would give some consideration to his request. However, in my experience tennants that are troublesome at the start are big trouble twoeards the end. He's not going to get any better. I would advise you to serve notice and get rid of him.
pp
If he had been a model tennant I would give some consideration to his request. However, in my experience tennants that are troublesome at the start are big trouble twoeards the end. He's not going to get any better. I would advise you to serve notice and get rid of him.
pp
I fail to see how you can possibly be responsible for the unsolicited activity of a meter cupboard door.
The tennant has day to day responsibility for the property and is responsible for any damage caused to the property during the tennancy. The nocturnal activities of the appended aperture closures are therefor fully within his control and any consequential damage to persons or property are his sole responsibility.
I would suggest advising him that his negligence has been noted and that, if it is found that the meter cupboard door is damaged, should he fail to have it properly repaired, the cost of replacement will be deducted from his deposit at the end of the tennancy.
The tennant has day to day responsibility for the property and is responsible for any damage caused to the property during the tennancy. The nocturnal activities of the appended aperture closures are therefor fully within his control and any consequential damage to persons or property are his sole responsibility.
I would suggest advising him that his negligence has been noted and that, if it is found that the meter cupboard door is damaged, should he fail to have it properly repaired, the cost of replacement will be deducted from his deposit at the end of the tennancy.
.
Good luck with getting this sorted. Not a good start to business relationship. Get some legal advice pronto - and not from the agent as they are 
useless.
From what I was told by a solicitor friend of mine when I had a problem tennant, the tennant can do pretty much what he likes for the first 6 months as you will have to go to court to get rid of him. The process takes nearly that long.
The tennant can pay no rent, damage the place and there is nothing you can do within that six months, legally. Of course, there is always the option of sending the boys round to er, rearrange some of the doors, the bog etc to get them to go, but I couldn't possibly recommend that....
Good luck
Glen
useless. From what I was told by a solicitor friend of mine when I had a problem tennant, the tennant can do pretty much what he likes for the first 6 months as you will have to go to court to get rid of him. The process takes nearly that long.
The tennant can pay no rent, damage the place and there is nothing you can do within that six months, legally. Of course, there is always the option of sending the boys round to er, rearrange some of the doors, the bog etc to get them to go, but I couldn't possibly recommend that....
Good luck
Glen
Glen - don't I know it! I spoke to the agent today and I'm absolutely 
(not at the agent but at my scummy excuse for a tenent and the law).
He still hasn't paid his rent and it's now 18 days overdue. They've chased him for it but had no response. I asked what recourse I have over this, and he told me pretty much what you've said.
Having taken legal advice over similar matters in the past, he said solicitors normally advise giving 2 months notice after 4 months in order to get them out after 6. My guy has been in for 6 weeks so far.....
Apparently you can apply to the courts for an eviction order before the 6 months is up, but they nearly always come down on the side of the scumbag, sorry, tenent. All he has to do is turn up, say he's sorry and that he'll do is best to pay the back rent, and hey presto, eviction order declined.
So, it looks like I could be in for another 4 1/2 months of non rent payment before I can get this sh*tbag out of my house. After that I have the option of going to the small claim court to reclaim the unpaid rent, at which point he will either disappear into thin air, or I'll get a judgement in my favour but nonetheless never see a penny of what I'm owed.
Once again, this countries legal system panders to the worthless scumbags while walloping the honest, hard working majority right where it hurts.
>> Edited by thegreatsoprendo on Wednesday 19th January 23:03
(not at the agent but at my scummy excuse for a tenent and the law). He still hasn't paid his rent and it's now 18 days overdue. They've chased him for it but had no response. I asked what recourse I have over this, and he told me pretty much what you've said.
Having taken legal advice over similar matters in the past, he said solicitors normally advise giving 2 months notice after 4 months in order to get them out after 6. My guy has been in for 6 weeks so far....
. Apparently you can apply to the courts for an eviction order before the 6 months is up, but they nearly always come down on the side of the scumbag, sorry, tenent. All he has to do is turn up, say he's sorry and that he'll do is best to pay the back rent, and hey presto, eviction order declined.
So, it looks like I could be in for another 4 1/2 months of non rent payment before I can get this sh*tbag out of my house. After that I have the option of going to the small claim court to reclaim the unpaid rent, at which point he will either disappear into thin air, or I'll get a judgement in my favour but nonetheless never see a penny of what I'm owed.
Once again, this countries legal system panders to the worthless scumbags while walloping the honest, hard working majority right where it hurts.
>> Edited by thegreatsoprendo on Wednesday 19th January 23:03
Not pleasant I know.
I am assuming the tennant has a steady job which he will still be in when he does his disappearing act. The best thing to do is to get the agent to give you his employers details so that you can serve the County Court papers at his workplace.
If the agent did his job properly he will have checked the guys employment as well as getting him credit scored.
Good luck.
pp
I am assuming the tennant has a steady job which he will still be in when he does his disappearing act. The best thing to do is to get the agent to give you his employers details so that you can serve the County Court papers at his workplace.
If the agent did his job properly he will have checked the guys employment as well as getting him credit scored.
Good luck.
pp
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