Tenant In Distress – Mowing The Lawn

Tenant In Distress – Mowing The Lawn

15:37 PM, 26th November 2016, About 7 years ago 86

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Tenant In Distress - Mowing The Lawn

Dear Mark,

I hope you don’t mind me contacting, but after doing some research on Google I came across a reply/advice you had given re: Garden Maintenance ” Check with a Landlords Association or a solicitor if you like. If you have a garden and you want the tenants to cut the grass you must provide a lawnmower, that’s the law, regardless of whether the property is furnished or not.” I would greatly appreciate your advice on my personal situation, which obviously relates to garden maintenance. I have been living in a privately rented property for 14 years, yes, it’s become my home, it is immaculate throughout and I’ve often been complimented on this. It was let unfurnished to me by a lovely elderly gentleman, where the property was his mother’s so no mortgage on it, but he wanted to keep it for sentimental reasons and find a good long term tenant who would care for it.

To do this he made the property, which is in a rural village an attractive and low maintenance prospect in an effort to keep a good tenant. I must emphasise I only took this property over another as it was guaranteed I would not have to tend to the garden, which being a bungalow, it is akin to the American style properties with very large front gardens and even larger back gardens. I suspect the garden itself is about 4 times the ground size of the building. The landlord and I got on terrifically well, he would even drop in for cup of tea. I’ve never missed one single months rent, always on time by DD so our working relationship was excellent. Sadly he died in 2014, however it was left to his son where he has taken over as my landlord. My original tenancy ended with the father in 2015. The son visited me and said he didn’t want anything to change, he would continue in the same vain as his father and appreciated I was a good tenant and asked me to stay. All was fine, so I thought. Once I signed the tenancy agreement and he realized he would be paying for the maintenance and upkeep, he changed his mind. He then toyed with doing the garden himself, but then realized the size of mower he would need and the fact he would have to travel a hour over to me, plus the 90 minutes to “just” mow the lawn (you can’t use a flymo on it) so he gave up on that idea and continued to pay the gardener.

This week I receive an invoice from him with his bank details to pay the gardener, no letter with it, just an expectance to pay it. I have refused, and quite frankly I’m shocked after 14 years as a long term tenant. I’m a Baby Boomer, 62, and did not rent this property on the basis of taking on garden maintenance – and two: I have a back problem of worn facet joints where I have twice monthly physio for the last ten years to keep pain free, I can provide proof of this. And now I’m expected to deal with a garden that is far from being made low maintenance to help with the problem. I feel I’m going to lose my home of 14 years which is dreadful, I’m not a new tenant, as a new tenant could at least choose before being in situ if they wanted such a large garden to tend to, the fact is, I don’t have that choice, I’m already in situ. Can you please advise me, I would really appreciate your time. Thank you.

Kind regards,

Jill


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Comments

Rachel Hodge

9:45 AM, 30th November 2016, About 7 years ago

Reply to the comment left by "Luke P" at "30/11/2016 - 09:38":

Well said Luke.

11:43 AM, 30th November 2016, About 7 years ago

Reply to the comment left by "Luke P" at "30/11/2016 - 09:38":

Luke, I will start by thanking you for posting your comments and "opinion" on how you see me placing an emphasis on being a "good tenant" but you are wrong. I go above and beyond what is required of me. It would be ludicrous to suggest one was a good tenant because they pay their rent on time or don't abuse the property. YOU state Luke; " a lot of tenants often forget that they’re *supposed* to be good tenants. There’s no credit for doing exactly what you should be doing…just as I get nothing for paying my mortgage on time, every time. It comes across as though your landlord should be grateful that you’re not causing a problem."

Your comment is rather simplistic and to suggest that I may not understand, appreciate, or be fully aware of the current rents in my area, for which I have paid regular rises since I have been in the property, the last five years by between £20-£25 pcm, so you have assumed wrongly, which often happens when people do not gain the facts to make informed opinions. As for the comment about you paying your mortgage on time, and likening it to my situation, comes across as a little patronizing!

The property I have rented for 14 years to 2010 was in the hand of quite a large Oxfordshire letting agent where I was subject to all the usual fees and rises. Now currently with a large high-end nationwide letting company based in Oxford city, so please don't presumptions about my renting experience based on how you see tenants and what tenants *often forget* it lacks an informed basis for an accurate summary of the situation. I will not presume you have not read the "entire thread" since Saturday on my personal situation, but if you haven't, then it is hardly fair to jump in on reading one or two comments and assume I don't understand the current private rental requirements or that I pay some low rent.

I state I'm an excellent tenant on the basis that I have put in my own money to improve the property which I will not benefit from when I move, loft and cavity wall insulation for one. Yes, you could argue why, how stupid to do that, but for me, to have that bit of control and input into where I live makes it feel more like a home. Every repair in the property since I moved in has been covered by myself financially not the landlord, I have painted the outside of the house so it looks good as I know a landlord would only do this when necessary. The landlord has not paid out for any maintenance in 14 years on this property and just this year I have dealt with 3 major leaks to the property without bothering him, nor requesting payment. That is providing more than just the rent on time.

Mark Alexander - Founder of Property118

12:03 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Jill Harding" at "30/11/2016 - 11:43":

I wish I owned property in Oxford Jill, I'd be in touch with you as soon as I had notice of a vacancy coming up.
.

12:21 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Mark Alexander" at "30/11/2016 - 12:03":

Thank you Mark, that is so nice of you to say that, and means a lot to me. I too wish you had property in Oxfordshire.... Perhaps you might consider extending your portfolio at some point in the future. There are some lovely two bed properties for sale but just out of my reach for now - where I live due to it being so easy for commuting in and out of London (49 minutes) properties keep their value and increase far quicker than properties in the North. Keep me in mind if you do...as I feel we would work well together, I have never found you anything but fair, helpful, charming and so understanding of my situation. For that I am truly grateful!

Warmest regards,
Jill

Mark Alexander - Founder of Property118

12:50 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Jill Harding" at "30/11/2016 - 12:21":

That is very kind of you Jill but I decided to stop investing and to start living in 2009. The recent tax changes are a nightmare for existing landlords to have to deal with but people starting from fresh today don't have to endure the same problems. They simply buy via a limited company. Therefore, new entrants to the market have that as a commercial advantage whereas established landlords have experience and a pedigree which can be checked. What a strange world we live in hey?
.

Luke P

13:16 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Jill Harding" at "30/11/2016 - 11:43":

In the real world Jill, you would be considered an exemplary tenant, it's just that as a landlord it often feels as though we should be thankful a tenant is not a nuisance. This should be the norm, not something to be thankful for.

Back to you garden issue, if you owned the property you would have to tend to the garden (even if only very occasionally). I appreciate the change of expectation will no doubt be frustrating, but if you are not willing/capable then I suggest you may be renting a property beyond your means/ability.

Whilst you shouldn't be expected to deal with large repairs, don't forget all tenants should conduct themselves in a tenant-like manner. Not all property issues fall to the landlord.

In a number of European countries where longer, protected, capped tenancies are common, but they also come with greater responsibilities and expectations (the garden being one of those). It's not possible to have one without the other in my opinion.

I don't know what your rent is at the moment, but would you be happy for a reasonably substantial increase in rent if your landlord were to resign you a new agreement that included garden maintenance and all your current damp/heating problems resolved?

13:58 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Luke P" at "30/11/2016 - 13:16":

Luke, thank you. In answer to your last question yes I would, but as I already pay slightly above what is being asked for properties of the size I rent I would then be seriously paying over the odds. But as ever, I'm always open to discuss and to try and reach a compromise. The area I live in is what one calls " a chocolate box village " I believe, it's sought after area.

What a lot of comments have failed to understand or take on board, which I have mentioned more than once or twice, I would NOT BUY a property like I'm renting - I have no interest in gardens and even with renting before I came to my present property, I rented a property with a very low maintenance, landscaped garden. So no I wouldn't be forced, as I feel I am now to tend to a garden or leave a home of 14 years. I will add, I had two properties to choose from when considering renting this one, one with a small but beautifully low maintenance garden but 3 bedrooms or this 2 bedroom property with a large garden front and back where I said no, not interested in the garden, so I was introduced to the landlord with the agents and I was "convinced" and assured it would not be part of the maintenance of the property. It had always been taken care of by the landlord and for the previous tenants of 11 years too.

The son of my old landlord who's now my landlord also went out of his way to tell me " he had no wish to change the arrangement, he wanted things to remain the same and to carry on as his father had done so " Therefore I don't see how I have done anything wrong - And yes, you're right, this property is no longer of interest to me as I do not trust people who say one thing then do another a few months later. If he had said this to me when he took over and gave me some time to think about it, and decide if it was time to move on, then OK, but this has not happened and I have no intentions of paying or doing a garden I don't use at all - or will benefit from spending a few hundred pounds on a lawn mower substantial enough to cope with the lawn. It's his property, the garden is his land, and before you say, so is the house and I maintain that, well yes, but buying a few cleaning cloths and accessories to maintain the house in excellent order as it is, I would have to do anywhere I live - it's NOT additional expense outside of what I would normally do. By me maintaining this garden whether it be hiring a gardener for 8 months of the years or buying a lawnmower and spending hours every week working on it, it will ONLY benefit the landlord. When I leave or if he decided to sell the property he will benefit from my expenditure - when he has put absolutely nothing in to maintaining the outside of his own property. Where only only one party of any arrangement ultimately benefits long term, it then becomes one-sided. If a landlord does not try to reach a compromise or take on board WHY the original tenure of the property was accepted, and in this case for me - NO GARDEN maintenance, then is he really a good business man or indeed landlord. I have kept to my side of the agreement and given more - he has not, and demonstrates this clearly by going completely back on his " verbal statements" of wanting to continue the tenancy in the same way!

Mark Alexander - Founder of Property118

14:10 PM, 30th November 2016, About 7 years ago

Reply to the comment left by "Jill Harding" at "30/11/2016 - 13:58":

Hi Jill

With your communication skills I would like to think you will be able to get everything sorted. If not then your landlord is an even bigger mug than I first though because, based on what you have said, he will either take a bit drop in rent and probably get a less caring tenant - OR, he will get below market value for a below average property if he decides to sell without fixing it up first.
.

Trendo

0:31 AM, 1st December 2016, About 7 years ago

Reply to the comment left by "Mark Alexander" at "30/11/2016 - 14:10":

I have read this thread from start to finish and apologse if this query was answered already in there !!! Is it possible that the estate agent has invoiced you for the garden maintenance in error and that the Landlord is not aware that this has happened ?

10:57 AM, 1st December 2016, About 7 years ago

Reply to the comment left by "Trendo " at "01/12/2016 - 00:31":

Trendo, good morning, thank you for adding your question.

My tenancy is between ME and the LANDLORD privately where I have been informed by the landlord personally NOT to contact the agents over anything either by email, phone or letter but to contact him directly via mobile/email address.
The AGENTS are NOT to contact me either. This is what I call a bizarre situation, where the landlord has not got a clue what he's doing. Why should I PAY agent fees to renew a tenancy when they are NOT even mentioned on my tenancy, only the landlord's name and private home address. Yet categorically I'm told NOT to communicate with them. I did NOT go to this agent to rent my home, I was already in the property for over 12 years at the time the son of my previous landlord who died took over from him. My landlord chose the agent as HIS partner's daughter works there. Presumably to gain her some additional money at my expense.

THE INVOICE for the garden was sent direct to me by the landlord giving me the landlords bank details to pay. NO mistake I assure you - and when I objected, not to even receive an accompanying note/letter/advance warning of things changing I received a brief email by return stating what my responsibilities will be by quoting agreement clauses. If you want money from a tenant they are NOT obliged to pay under the current agreement, then you need to have some really good communication skills not to come across as giving orders or bullying.

The landlord needs to decide if HE is my landlord or the agent, as I'm not prepared to pay this agent (daughter) when I have NOT hired them. I would never have chosen this agent as they are one the most expensive letting agents in Oxford City with not the type of properties I could ever afford - a lot of million pound homes for affluent London commuters.

I hope this helps answer your question.

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