2 years ago | 8 comments
Hi, I need some advice. I have a tenant who has had a stairlift fitted without my knowledge or consent she tried to stop me from coming in when I gave her a new tenancy agreement.
I asked her who needed the stairlift, as to my knowledge, she’s fit and healthy. She says it’s for a person she cares for who isn’t on her tenancy apparently it’s her partner who has an adapted bungalow round the corner on full state benefits and who has a car. Am I unreasonable if I ask her to leave as she has breached her agreement section 1.35 (adaptions)
I am not sure what to do. Can the Property118 community offer any advice please.
Thanks,
Tracey
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Member Since July 2024 - Comments: 6
11:41 AM, 28th October 2024, About 1 year ago
I get tenants that put things up without consent which I pick up on inspections and keep a record, I also communicate my findings so its there in writing and I ask them to make good of any damages at the end of the tenancy.
I agree with the others, to double check that the electrical installation has been done by a professional, I am not familiar with these installations but if its a plugged appliance then its no different to any other appliance plugged in.
If you have an EICR testing carried out and this installation is flagged where damage has been caused then I suppose you can charge the tenant for any reasonable repairs associated to that installation make the EICR a pass.
Whilst it is a pain that tenants do not communicate on everything, if they are paying rent on time and not in breach of anything else, maybe just warn them instead of serving notice. Already the courts are backed up and there are genuine evictions are being delayed.
Member Since July 2013 - Comments: 1996 - Articles: 21
11:53 AM, 28th October 2024, About 1 year ago
Reply to the comment left by John Bentley at 28/10/2024 – 11:38
That’s pure speculation. If the tenant is illegally subletting or sharing, that may be grounds to start an eviction.
The tenant’s reason that “it’s for a person she cares for who isn’t on her tenancy apparently it’s her partner who has an adapted bungalow round the corner on full state benefits and who has a car” seems entirely legitimate.
Member Since September 2022 - Comments: 40
11:57 AM, 28th October 2024, About 1 year ago
Reply to the comment left by Ian Narbeth at 28/10/2024 – 11:53
Surely she would be caring for him in the bungalow just round the corner? Speculation it maybe but it wouldn’t be the first time.
Member Since December 2023 - Comments: 1575
11:58 AM, 28th October 2024, About 1 year ago
Reply to the comment left by Ian Narbeth at 28/10/2024 – 11:36
My tenants can do pretty much anything that isn’t structural.
I’d consider a stairlift as a reasonable adjustment if my tenant needed a stairlift, either for themselves or for bona fide visitors. I would help them with the costs if it was my tenant that needed the adaptation. It’s called reasonable adjustment.
What I wouldn’t do is condone benefit fraud. And this smells of benefit fraud.
I’d contact the benefits agency to advise them that this couple have a property each. Hopefully, they’d investigate and ensure that there was no benefit fraud taking place.
Member Since September 2018 - Comments: 3508 - Articles: 5
12:01 PM, 28th October 2024, About 1 year ago
Reply to the comment left by Ian Narbeth at 28/10/2024 – 11:36
agree Ian BUT if the tenant themselves who is the only one on the AST has installed this NOT for her own personal use, then the landlord has a genuine right to ask for what purpose this has been done, especially as no request has been made for permission to do so before the item was installed.
The point is the tenant should have asked BEFORE carrying out this type of installation.
Member Since July 2013 - Comments: 1996 - Articles: 21
12:53 PM, 28th October 2024, About 1 year ago
Reply to the comment left by Reluctant Landlord at 28/10/2024 – 12:01
“The point is the tenant should have asked BEFORE carrying out this type of installation.”
I acknowledged this point but people are jumping the gun here suggesting benefit fraud and proposing issuing a s21 notice. Unless there is other evidence that something fishy is going on, I would do nothing. Inviting the council to come and inspect is not a move I would advocate.
Member Since June 2024 - Comments: 8
1:08 PM, 28th October 2024, About 1 year ago
Can’t believe a person would even consider an eviction for a stair lift. I wouldn’t want you as my landlord that’s for sure.
Member Since September 2022 - Comments: 40
1:52 PM, 28th October 2024, About 1 year ago
Reply to the comment left by Ian Narbeth at 28/10/2024 – 12:53
If the tenant had nothing to hide then why not ask for permission or inform the landlord? It’s a bit more than just putting a shelf up or painting a wall. I’ve never known anybody go to that much trouble or expense for someone that doesn’t live at the property, I’m not suggesting eviction but a landlord needs to know who’s living in his/ her property.
Member Since September 2018 - Comments: 3508 - Articles: 5
2:30 PM, 28th October 2024, About 1 year ago
Reply to the comment left by John Bentley at 28/10/2024 – 13:52
my thoughts exactly. Always be suspicious until proven otherwise should be every LL’s new mantra going forward.
The government are making renting a property so toxic is it any wonder why we are all suspicious and nervous given the possible implications going forward? ie not being able to evict or hold tenant to account for breach of contract/damages etc
Member Since September 2018 - Comments: 3508 - Articles: 5
2:30 PM, 28th October 2024, About 1 year ago
Reply to the comment left by Julz H at 28/10/2024 – 13:08
not enough in the context to determine if it is as clear cut as that….