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To create a Readers Questions article of your own please see THIS PAGE. The GOOD Landlords Campaign was created to enable landlords, letting agents and their professional advisers to share best practice. We are always delighted to hear from our readers.


The Ombudsman has ruled, fair or not, you decide ….

21/05

The Ombudsman has ruled, fair or not, you decide ....I previously posted information about a problem Estate Agent who had let my property in Dover to a family on DSS with 7 children contrary to my instructions of no DSS tenants and no pets. I was very specific about my requirements due to a nightmare and costly experience with a previous tenant on DSS who trashed my property.

On discovering that my agents had disregarded my instructions, I wrote a complaint to them holding them responsible for any loss of rent or for the cost of any repairs and evicting the Tenants or re-letting the Property. This culminated in a “desist” letter from a solicitor and immediate termination of Estate Agent services. I had also contacted the Ombudsman and after six months of waiting I finally received their report. read on

Landlord being repossessed for mortgage arrears – what rights does the tenant have?

Landlord being repossessed for mortgage arrears - what rights does the tenant have?I stumbled across one of your articles outlining Squatters rights.  I hoped you might be able to assist me in a current quandary I face.

I am a tenant, I have paid my landlord on time, every month, for the last 5 years.  I have just discovered that he has not been paying his mortgage and my home is very likely to be repossessed in a weeks time.

If this is so, I understand that I could be faced with a 16 day minimum eviction notice. Is this right?

If this is so, I am a single mum with a 7 year old son, I couldn’t possibly organise another property in 16 days. My fear would be “squatting” until I did.  However, would I still be classed as a tenant?  Any light you can shed on this would be truly helpful.

Many thanks,

Melanie

Smoke drift between flats

Smoke drift between flatsI am aware of a potential dispute regarding smoke drift between flats.

The block in question comprises 24 flats in three blocks.

One of the leaseholders on the first floor has recently taken up smoking.  The resident on the second floor immediately above has lodged a formal complaint with the managing agents citing intolerable levels of smoke drift.

There are no obvious defects with the building or wants of repair.

The lease does not prohibit smoking within the flats and environmental health do not consider this unreasonable behaviour. Notwithstanding this, the leaseholder who is complaining is looking to the landlord/managing agent to undertake building modifications to prevent the ingress of smoke into their flat. These would probably involve sealing all possible points of entry e.g. cavity wall vents, pipe or service entries etc.

Has anyone encountered anything similar and does anyone consider the Landlord obliged to carry out such modifications and recover cost through general service charge? This could also of course establish a precedent for other flats within the block.

Your thoughts will be appreciated.

Mike Rolph

Rent increase – your thoughts on this idea please

Rent increase - your thoughts on this idea pleaseI normally only increase the rent when I have tenants move out of the property and new tenants move in. However, over the last few years I have noticed tenants remaining longer and longer.

I have a tenant that is now running behind with the rent and the rent is quite low for the style of house. Because the rent is always behind this creates more work with collecting the rent. On the good side they keep the house and garden in good condition.

I was wondering what is the notice period for increasing the rent and what if the tenant does not pay the increase but keeps paying the old rent. Do you have to reissue the DPS paperwork and who has to pay for this.

I was considering putting the rent up say £50 more than I require and offer a £50 discount if the rent is paid on time. Do you think this would help. A little bit like the discount you get with paying the gas and electric on time.

Any suggestions would be handy.

Thanks

Daz

Moving Tenant left house in a mess, how much should I deduct from her deposit

19/05

Moving Tenant left house in a mess, how much should I deduct from her depositI rented out my house just over 5 months ago to a Tenant who actually begged me to rent to her since her family lives on same street. I agreed on compassionate grounds since she was a single mother with 3 children. Got her to pay deposit after she and her guarantor failed credit check.

I had actually finished refreshing the house, newly decorated, new carpets in all bedrooms, new fence, newly laid turf in the garden, new radiators, new boiler. read on

Problems dealing with utility companies when the students leave?

Student UtilitiesEvery summer I have to sort out the new names and contact details for my 120 plus students in all my HMO properties for the Gas, Water and Electric. Council tax is pretty easy as the University send these across to the council automatically.

The process I go through is checking who the utility provider is (students do switch during the year) then emailing the provider the new tenant details as well as the meter readings.

Every year there are issues, some providers saying they have not had the email, no new bills arrive for months requiring me to chase things up, utility companies trying to chase me for unpaid bills when the students try a fast one etc etc.

I know there are a few companies out there: utility warehouse etc that provide 1 single bill but in my experience the students are very wary of these companies.

What do other HMO landlords do?

Is this process a ton of hassle for everyone?

Regards

Laurie Hugues

Help! – My Letting Agent didn’t tell the Council I was renting to students

16/05

Help! - My Letting Agent didn't tell the Council I was renting to studentsMy house is rented to students and is managed by a letting agent.

Now as we know, students are generally excepted from Council Tax. However, neither my tenants nor my managing agents appear to have informed the council.

I have now received a summons.

Please let me know what I should do in this situation.

Thanks in advance

Sulman Joziee

Potential Deposit dispute – Question from a Concerned Tenant

07/05

Readers QuestionsI was a tenant at a property that I recently left. A few issues have come up and I would appreciate any advice people care to give.

The Notice: The landlord knew I would be going as I had let him know before X’mas 2012. The rent for the property is paid up and all the bills have been settled. The rent was due on the 14th of each month and in the final few months I gave my notice on the 1st April, cleared out completely and gave the landlord the keys back on the 27th of April.

However I paid the full rent for the final month so was fully paid up for two weeks past the date I gave for moving out of the property although I had made it clear to the landlord that the additional rent money I gave was to cover any damages and I had stated this on my written notice and in a few conversations I had with the landlord prior to moving out.

I admit to a problem with the gas fire that was my fault and paid the landlord extra money to cover the costs for fixing that item in particular although I don’t believe the cost will be that excessive. The extra money I left should easily cover that item and any other issues he may have.

Since leaving the property the landlord has come up with additional items and I feel that he’s making a grab for more money. The landlord is also now trying to tell me that the extra rent money I paid him will not cover any damages as it’s rent that was due and the only time I should be leaving the house was on the 13th of the month.

Issue 1: My cat had scratched wallpaper in the kitchen near the door frame and there are a couple of patches, say a square foot, either side the door frame that are now affected. The landlord has told me that he doesn’t have matching wallpaper and that the whole kitchen now needs re-papering. An additional point to note, there was no extractor fan in the kitchen and the wallpaper is peeling off the walls near the ceiling due to condensation – when I cooked I always left the door’s and windows open however this didn’t stop the wallpaper from peeling.

Issue 2: There was a bed that came with the property. I asked the landlord to remove it and he told me that I should put in the garage which I did. After I left the property he’s told me that he needs to replace the mattress as its gone moldy and he’s also denying that he told me to put the bed in the garage.

Issue 3: Bathtub – There is a cast iron tub in the bathroom. The enamel had started peeling off under the hot water tap and there is a small patch missing at that position. The landlord has told me he needs to replace the bathtub.

Issue 4: Garden – The landlord has told me that parts of the garden need weeding however I feel that I have left the garden in reasonable condition. I know that he’s going to contact some gardeners and arrange for the work to be done however I think that he may get them to do the whole garden and try to push all the costs on to me.

I had hoped to leave the house and maintain a good relationship with my landlord however since all these issues have come about I feel that he’s trying to take as much of my deposit as possible and I don’t think I want to maintain any contact with him from now on.

I don’t know if he will go for competitive quotes or even if he will get any quotes he can just tell me the cost was £X in a bid to take more money from me.

I would appreciate any advice.

Concerned Tenant

Should I start eviction process?

02/05

Should I start eviction processI have a lady tenant in one of my flats who has been there for many years, up to now a model tenant. Over the winter she became ill and had to quit her job. She has tried to get housing benefit and I believe that eventually the local authority will meet its obligation.

The problem is that I have had no rent for five months now whilst the housing office procrastinates. Financially I cannot go without this income any longer being owed about three thousand pounds by now. My letting agents with the tenants permission have chased the council to no avail. I am reluctant to start eviction proceedings but am beginning to think this may be the only way forward. read on

Is he a landlord?

28/04

Is he a landlord?My partner’s ex-wife & their son reside in the ex-marital home, courtesy of the divorce agreement. She is required to maintain it & keep it in the (good) condition it was in when he vacated in 2006. This situation will remain until 2016.

Anecdotally, we know that the property is not being maintained, internally or externally, and we have just discovered that the gas boiler broke down & has not been used for at least a year. They keep warm with halogen heaters (we have been told) but we have no knowledge of how the water is heated, if at all.

My partner is not allowed any access to the property, unless by invitation, to check the situation but is concerned that he could be viewed as ‘landlord’ and be liable for things like gas safety. His ex-wife will not ‘invite’ him inside but from the doorstep we can smell damp when the front door is opened.

For info, the property has a small o/s interest only mortgage. Ex-wife supplies a certificate of buildings insurance annually. Mortgage is is my partner’s sole name.

Thank you

Sharon Jones

Low value buy to let mortgages

Low Value Buy to Let mortgagesI am absolutely amazed that in this current economic climate with the government making people down size to smaller homes or pay a “bedroomTax” and more people having to rent because they cannot afford to buy, that a buy to let landlord cannot obtain a mortgage for property valued under £40,000.

I own a Ten property portfolio great credit rating and employed status to show income, I can get £100-£150k mortgages no problem.

However at my location the most lucrative properties are one bedroom Uni Flats current market value £35 to £40K, over the past 20 years I have own over 20 of them and have just bough another for £25k cash refurbished it for £3k and have a Tenant paying £315 per month.

The question is why cant I get a Buy to Let mortgage?

Not only is the risk to the Lender minimal should the worst happen, the loss would be minimal. Lending lots of smaller amounts would mean lots more in fees and it is the sector which the government agree needs the most help i.e. homes for young people, single parents  affordable housing.

What do you think?

Are there any decent deals out there for low value buy to let mortgages?

Ray Doyle

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