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Legal, pensions and money

Landlord's rights

(57 Posts)
Newatthis Tue 02-Nov-21 10:08:10

A friend, who mother has recently died, has been jointly left (with her brother) their mother's small apartment. There is a tenant in it who hasn't paid the rent for 3 months, he has a drug problem (she thinks he's using it as a drug den) and the letting agent , although initially managed to gain access once and said it was in a filthy disgusting state with lots of drug paraphernalia around, can no longer gain access to the flat nor communicate with the tenant (he is not responding). There would seem to be no landlords rights on this. The flat was beautifully decorated and newly carpeted when the tenant moved in. Has anybody had experience of this as a landlord or who know what my friends legal rights are. (The flat is in Wales which apparently has different laws with regard to letting property)

Germanshepherdsmum Wed 03-Nov-21 18:25:35

Until such time as there is a great deal more social housing (rental/shared ownership/low cost) private landlords will play an important role in putting roofs over people’s heads. A great many landlords are ‘accidental landlords’ as has been demonstrated on this thread. Buy to let us not the attraction it once was due to the restrictions on what can be offset against pre-tax income and this has resulted in a lessening of availability of rental property. I’m not sure what you propose to do about the situation AmberSpyglass. It would take very many years to build sufficient social housing to eradicate the need for private rented properties. I would suggest it is totally unachievable, as it always has been.

AmberSpyglass Wed 03-Nov-21 17:18:14

One of the reasons house prices are rocketing so much is because people are buying them as investment properties. And the council need to buy or build more housing. We should have far, far fewer landlords and a lot more affordable housing.

JenniferEccles Wed 03-Nov-21 16:00:34

What a dreadful situation and is every landlord’s worst nightmare. I agree with everyone else in that proper legal help is essential to get these dreadful tenants evicted as quickly as possible.

The comment criticising people for buying property for investment purposes was ridiculous.
We all know that for a large number of people renting is the only option if they are unable (or unwilling) to make the effort to save for a deposit to buy.

Coupled with this is the fact that we have a fast growing population and insufficient council housing so if it weren’t for private landlords, the homeless tally would rocket.

MerylStreep Wed 03-Nov-21 11:34:29

One of the best tenants we ever had was who we called The lady of the night ?
We had her as a tenant for 6 years. She kept the flat immaculate and only called us twice for a pluming problem.
We only found out what she did for a living when I visited one of the other tenants in the block and got talking about my ex tenant.

I had another couple who, on paper some landlords wouldn’t have touched with a barge pole. A pregnant 18 yr old with a 19 yr old boyfriend.
They never let me down. Her father even landscaped the garden.

GillT57 Wed 03-Nov-21 11:15:14

Like many subjects, we only hear of the Rachman type landlords and the tenants who trash properties, leaving them wrecked. The reality is that most tenants, and most landlords are decent people just trying to get on with their lives.

Katie59 Wed 03-Nov-21 09:44:22

“Right”

Katie59 Wed 03-Nov-21 09:42:58

“It didn't matter what it looked like until it was handed back.”

In most leases there is a clause that states that the property must be cleaned and cared for properly and the landlord has the fight to inspect the property periodically. Many agencies actually inspect properties monthly to make sure they are being cleaned and not being used for illegal purposes.

growstuff Tue 02-Nov-21 21:35:11

TerriBull I know there are some good landlords. I'm very lucky that I have one myself. I also understand why people invest in rental property as a source of income.

The trouble is that whenever there's a thread about bad tenants, people pile in with their experiences, which gives the impression that all tenants are bad. It's not difficult to make money out of rentals and bad tenants really should be factored in to any business plan. Even with the occasional bad tenant, property still usually makes money because the capital appreciates.

Problems arise when people can't let the property go emotionally. I saw this with my next door neighbour's house. The owner passed away and the daughter inherited the house and decided to let it. She couldn't accept that it wasn't a family house and kept on criticising the tenants. They didn't get the windows cleaned and didn't maintain the garden as her mother had done. She kept moaning to me. I was in the middle because the tenants kept moaning to me about how intrusive she was and kept going round to look over the fence at the garden and stopping their car outside to look at the windows. Eventually, the tenants had enough and moved out, paying for professionals to give the whole house a deep clean and for the garden to be left immaculate. The daughter was quite put out that she had to return all the damage deposit. The point was that she had signed over certain rights to the tenants and it was "their" house during the duration of the tenure. It didn't matter what it looked like until it was handed back.

Thankfully, the daughter has now decided to pay for a letting agent to do the job professionally and keeps away from the house.

Juliet27 Tue 02-Nov-21 21:30:58

The notice served will give the tenant notice to leave, which is 4 months with a section 21

It was 4 months’ notice during the pandemic but from 1st October it’s gone back down to two months’ notice.

growstuff Tue 02-Nov-21 21:23:26

Floriel

AmberSpyglass

At the end of the day, homes aren’t investments. They’re just that - homes. Got one already? Excellent, you don’t need another. Get a real job.

Wow, that’s a bit judgemental. I worked my socks off for over 40 years, but when I was forced into early retirement I still had seven years to go before I could claim a state pension. I used my modest payoff to buy a studio flat to tide me over, and still take part time jobs when I can find them. I’m sure there are many, many people in my position who never intended to be landlords but who need some extra income, especially single women and people who can’t rely on the pension system, state or private.

That's why the whole economy needs a shake-up, so that spare cash can be invested elsewhere and the whole property market isn't distorted by rentals.

growstuff Tue 02-Nov-21 21:20:03

Nonogran

I’ve not waded through all the responses to the OP but as a landlord myself I suggest you look at this link (below) & get in touch with Mark Dawson.
Solicitors in the experience of others’ who have reported to a LL forum I belong to, are notoriously not good at helping landlords oust terrible tenants. Mark Dawson gets right in there & gets things moving. Go for it!
www.ast-assistance.com/?fbclid=IwAR2ltyZfk1It5NIRK5HU4JP4vwmw2tMHfsZqrBx_K4KAVVZwWV34BiDQ-QM

Exactly Nonogran. If you know what you're doing, it's not that difficult to evict.

growstuff Tue 02-Nov-21 21:18:45

Germanshepherdsmum

Good for you Floriel. Putting your money into a buy to let property gives you a better and potentially more secure income than if you had invested elsewhere as well as capital appreciation (though you will pay CGT when you sell) and it gives someone a home. People like you tend to be good landlords and in your situation I would have done exactly the same. I’m afraid the politics of envy tend to creep into this sort of discussion though I can absolutely understand that.

It's not the politics of envy. It's business.

Presumably OP took a damage deposit, which is held with an authorised company. Additionally, she should have been budgeting for at least 10% of the gross rental income on maintenance and more for wear and tear. Most of it is tax deductible. For any property let for more than two years, my ex husband redecorates the whole property and puts in new carpets. Unless there's structural damage, it doesn't really matter how clean the tenants leave the property because it will be redecorated anyway. All white goods are replaced after a few years. He still makes a healthy profit and hasn't done a proper job for over 20 years.

If a tenant stays for two years, there should be a "pot" of a few thousand pounds to bring the property back to "new". Responsible landlords budget for that. If they can't make it work, they should sell.

Nonogran Tue 02-Nov-21 21:11:07

I’ve not waded through all the responses to the OP but as a landlord myself I suggest you look at this link (below) & get in touch with Mark Dawson.
Solicitors in the experience of others’ who have reported to a LL forum I belong to, are notoriously not good at helping landlords oust terrible tenants. Mark Dawson gets right in there & gets things moving. Go for it!
www.ast-assistance.com/?fbclid=IwAR2ltyZfk1It5NIRK5HU4JP4vwmw2tMHfsZqrBx_K4KAVVZwWV34BiDQ-QM

Blondiescot Tue 02-Nov-21 19:30:37

AmberSpyglass

Blondiescot if you were earning money out of it, it’s income. It’s a business. If you’re not up to the task or find it too hard that’s your problem, not your tenants:

That's very unfair. FYI, the two properties are attached to my own home, which has been our family home for four generations now, so what else am I supposed to do with them - leave them lying empty? They are actually rented out at quite a bit less than the market rent for similar-sized properties in this area. I'm more than capable of managing them myself, thank you very much - but I wouldn't be choosing to be a landlord if I hadn't found myself in this situation.

Germanshepherdsmum Tue 02-Nov-21 18:38:16

Good for you Floriel. Putting your money into a buy to let property gives you a better and potentially more secure income than if you had invested elsewhere as well as capital appreciation (though you will pay CGT when you sell) and it gives someone a home. People like you tend to be good landlords and in your situation I would have done exactly the same. I’m afraid the politics of envy tend to creep into this sort of discussion though I can absolutely understand that.

Floriel Tue 02-Nov-21 18:10:11

AmberSpyglass

At the end of the day, homes aren’t investments. They’re just that - homes. Got one already? Excellent, you don’t need another. Get a real job.

Wow, that’s a bit judgemental. I worked my socks off for over 40 years, but when I was forced into early retirement I still had seven years to go before I could claim a state pension. I used my modest payoff to buy a studio flat to tide me over, and still take part time jobs when I can find them. I’m sure there are many, many people in my position who never intended to be landlords but who need some extra income, especially single women and people who can’t rely on the pension system, state or private.

TerriBull Tue 02-Nov-21 18:04:23

On the subject of emotional attachment to homes, they may well be mere bricks and mortar but I don't think it's unusual for such feelings, a home is for many a place of memories. My children often wax lyrical about the two houses they grew up in, particularly the last one where we lived for 19 years. In fact when we announced we were selling it my younger son, very tongue in cheek, wailed "don't do it think of the children!" both having flown the nest for at least 5 years hmm and although he was joking when he said that, it has surprised and maybe I didn't bargain for it that they had quite deep attachments to our last house in particular.

I also have my late brother's flat I rent out, on occasions at "mates rates" to our children. I have been lucky to have had some very good tenants and always try to be an equally good landlord in fulfilling my obligations set out in the rental agreement drawn up by the management company. I imagine it must be devastating to find your property wilfully trashed, commiserations to those posters who have experienced that.

I know not all landlords honour their side of the agreement, my children have been tenants and had some ghastly landlords. When my son was at university he rented a house with other students and the landlord, whilst they were in situ, tried to embark on extending the back of the house without consulting them, they only found out when his builders arrived one Monday morning with bulldozers. Only after a strongly worded solicitor's letter did the landlord back off, he knew perfectly well what he was proposing to do was illegal, but thought they'd put up with it because they were young and naive.

Lincslass Tue 02-Nov-21 17:53:11

AmberSpyglass

Blondiescot if you were earning money out of it, it’s income. It’s a business. If you’re not up to the task or find it too hard that’s your problem, not your tenants:

Totally unnecessary. One personal experience of a disgusting tenant. Also having to live next door to two others. Private landlords are providing homes that once upon a time the country used to do. Gone too far the other way, giving tenants more rights and I would recommend no one goes into this business. In Germany all tenants of private property have to do their own repairs, unless it’s structural, provide their own flooring and kitchens.Have to make good before they leave otherwise it’s a court order. Perhaps we should adopt that system. Make tenants responsible for the homes they are living in.

Smileless2012 Tue 02-Nov-21 17:01:01

So in your mum's case there was emotional attachment GSM.

Why should the property be sold growstuff? Landlord's can make money by having the property they let out as a long term investment.

The BTL market is one of the factors that's resulted in pushing up property prices and it's also provided housing that's been lost in social housing.

The number of privately owned properties to let has been reducing because of a change in taxation in relation to BTL mortgages and because of the increasing difficulties land lords face when wishing to evict.

Germanshepherdsmum Tue 02-Nov-21 16:50:37

growstuff, when you love the person who left their home to you as much as my mum loved her mum, who died very suddenly, there’s a great deal of emotion attached to it. I had the same experience when both my parents died unexpectedly within three months of one another, leaving me my childhood home, where they had lived all their married life. I sold it but I don’t think you would understand the grief I felt when I did so, and indeed still do over twenty years later. I can’t go down that road to this day.

Peasblossom Tue 02-Nov-21 16:43:52

I bought my little house when my husband died and have kept after moving in with my partner because if he dies or goes into care, I will move back.

I have let it, but now, given the expense and hassle I’ve had with a tenant, with no legal redress, I shall let it stand empty in future and just pop over occasionally.

A good property no longer available for rent.

growstuff Tue 02-Nov-21 16:33:27

Germanshepherdsmum

And if no-one rented property out where would all the people who can’t afford to buy live AmberSpyglass? There isn’t enough social housing so the private rental sector is essential. And it’s not always a business - people may rent their home out while working away for a time, or as in my Mum’s case inherit a property they can’t face selling straight away.

It's a property, not an emotional possession.

growstuff Tue 02-Nov-21 16:32:03

But the BTL market has pushed up the price of property. If a landlord can't make a profit (and that includes bad tenants, redecorating,maintenance, insurance, fees, taxes, etc) the property should be sold.

Germanshepherdsmum Tue 02-Nov-21 16:31:36

And if no-one rented property out where would all the people who can’t afford to buy live AmberSpyglass? There isn’t enough social housing so the private rental sector is essential. And it’s not always a business - people may rent their home out while working away for a time, or as in my Mum’s case inherit a property they can’t face selling straight away.

MerylStreep Tue 02-Nov-21 16:29:46

Newattis
Yes I have had experience, twice.
One set of tenants never paid us a penny rent after the initial deposit. Then ruined the flat by allowing their animals to defecate everywhere on new carpets.
With the other set we discovered from complaints by the flat underneath that they were hot bedding with the flat.
We didn’t involve any agencies to deal with our problem, we dealt with it ourselves ?