Can I evict my tenant for installing a stairlift without permission?

Can I evict my tenant for installing a stairlift without permission?

9:16 AM, 28th October 2024, About 2 months ago 53

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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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LordOf TheManor

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20:22 PM, 28th October 2024, About 2 months ago

Hmmm!
I'm late to the party on this conversation - following a full day on an urgent unplanned maintenance issue (if you please - and don't mind noting - Mr Starmer).
I'm with Cider Drinker & John Bentley on this. There has to be more to this than meets the eye. That's the crux of it, to me.
1. The tenant is unlikely to have paid in full for the stair lift as tenants don't generally have the means to pay for such an expensive item. It would have been a considered expense long before it was installed. I'm alluding to the high possibility that there is a credit contract to run for years to come relating to a pay-back arrangement. How long is it, I wonder?
2. On that basis, the history of the stair lift purchase is of note. Sellers are known to be east prey to impulse buyers due to people's change in circumstances - and easy credit access facilitates the sales. The property has to be surveyed in advance for the lift to be put in place.
3. I would ask for the sales history of the stair lift installation from the tenant & obtain copies of all documentation. The dates on it would be of some interest.
4. Fire regulations put lifts out of use in the case of fire. You need to know who you'd have to account for in the event of fire evacuation at your property. Overnight visitor (presumed for the stair lift requirement) or a permitted occupier, I would still like to know.
5. What exactly is the 'permanent/semi visitor's' capability & extent of disability? This has to be determined - don't you think? See comment below.
6. Airlines don't work with unknown quantities of immobility on their flights. Airlines categorise mobility as 1, 2 or 3 in terms of need so there is a reference to each of these passengers prior to boarding. In an emergency evacuation, it's known who's where and what their needs are. Obviously not the same as in a tenanted property: but a less-abled tenant is likely to be longer to be in a house than an aircraft!
7. As for ripping out the stair lift after the tenant has gone ..... whose property is it to rip out? It won't belong to the tenant if it's not paid for or if still under a credit agreement. It would therefore help to know now who - actually - is financially responsible for it and for how long? Is it your tenant? Or is it her partner?
Poster: let's hear what happens from here. Thank you.
Lord

John Bentley

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21:32 PM, 28th October 2024, About 2 months ago

Reply to the comment left by LordOf TheManor at 28/10/2024 - 20:22I hadn't thought that deeply in to it but your probably right, many ways it could backfire on the landlord.

Stephen Berry

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22:07 PM, 28th October 2024, About 2 months ago

Reply to the comment left by John Bentley at 28/10/2024 - 10:44
Depends where the toilet is though.

John Bentley

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22:13 PM, 28th October 2024, About 2 months ago

Reply to the comment left by Stephen Berry at 28/10/2024 - 22:07
Why, the toilet is in his own bungalow, just round the corner,do you have to get the builders in if you have an occasional disabled visitor?

SimonP

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22:37 PM, 28th October 2024, About 2 months ago

I have current tenants who wanted to put up curtain rails, which would be in addition to brand-new window blinds I had already installed.

Although they said they would make good any holes etc. when ending the tenancy, the last time I agreed to curtain rails cost me several thousands of pounds in redecoration as the leaving tenant tried to paint over the holes in every room and it was a total and utter disaster. NEVER AGAIN!

This time I agreed to curtain rails but I would have them professionally installed at my own expense and therefore they would stay up at the end of the tenancy. Total cost to me was about £400 and I have happy tenants.

The main takeaway is that they asked first before damaging my walls.

Christopher Lee

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6:00 AM, 29th October 2024, About 2 months ago

Reply to the comment left by Ian Narbeth at 28/10/2024 - 11:53
"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."

I can't believe I'm reading this. Nor a lot of the other comments tbh. Are you naive? Why on earth would a carer have a stair lift installed for a partner who lives in another house?;The partners living there too! If there's one thing I've learned when it comes to tenants, it's trust your instincts. It's blindingly obvious what's going on.

Ron

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6:24 AM, 29th October 2024, About 2 months ago

Reply to the comment left by Judith Wordsworth at 28/10/2024 - 10:16
The purpose of not allowing changes is that it costs to put back the property. So whilst the tenant may not be evicted she should be charged for the removal and making good any damage including redecoration.

An email or letter should be sent to her explaining that she is breach of contract and is liable for additional charges. This avoids arguments later that you did consent after the fact.

Haggis0307

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6:27 AM, 29th October 2024, About 2 months ago

They've breached their tenancy agreement, they don't seem to care, and they refused you access. While I wouldn't evict just yet, I'd definitely do some homework. Contact the council to express your concern that an additional personal is living there. Get the stairlift checked by an electrician. Ask to see any paperwork for the cost of installation and whether its being paid off on credit.
If the tenant kicks back on any of this, evict and claim the cost of making good from their deposit.
The disabled partner doesn't live at the property so they have no right installing a stairlift. And absolutely no right to do so without permission!
Most tenants don't even hang art without asking for permission. I'd be very, very wary. What other adjustments are they going to make without your consent?!
Bottom line is they shouldn't be making any adjustments as it's not their property! I'd be furious, personally.

Ron

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6:29 AM, 29th October 2024, About 2 months ago

Reply to the comment left by Ian Narbeth at 28/10/2024 - 11:53
Legitimate or not it's a breach of contract. She is liable in damages.

Ron

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6:48 AM, 29th October 2024, About 2 months ago

Reply to the comment left by John Bentley at 28/10/2024 - 17:02
Probably keeping the other bungalow and the housing benefit going at the same time. Unless you have plenty of time to act as Sherlock Holmes then explain your position in writing and that she will be charged for making good.

The main issue here is adaptions which cost to correct.

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