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Problem with a tenant who is too good?

D

dynadavid

pfm Member
I own a large Victorian terrace in N West England that is divided into two flats. 10 years ago both were refurbished to a good rental standard and both have been rented out since. The house is 35 miles from where I live so I don't visit very often.
Both the top floor and bottom floor tenants have been there for 10 years. Both tenants look after their flats but the top floor tenant keeps his immaculate.
The top floor tenant works away in the week and earns good money in the construction industry. He is extraordinarily houseproud and he pays a gardener to cut, weed and fertilise the lawn, trim the hedges and plant flowers and shrubs. It looks like a park.
Inside the house is just as well kept. Over the years he has had his flat decorated to a high standard, his furnishings are expensive and tasteful. I could happily live there myself.

So what's the problem?

About four years ago he started asking if he could buy the house from me. I am not interested in selling and I firmly but gently told him no.
Since then he has started becoming more ambitious with his 'improvements'. Three years ago he asked me if he could have a new shower screen installed and I agreed to pay for the screen and fitting. When I visited I found that as well as the shower screen, he had had the entire bathroom re-tiled and new flooring laid. He didn't ask me for any more money and I was a bit taken aback but I thought 'he has a nicer bathroom that he is happy with and there was only minimal cost to me, so what's the harm?'

12 months ago he asked if he could update the kitchen with new cupboard doors at his expense; so I agreed. Six months later I visited to find that he had replaced all the cupboard doors, had new worktops fitted, had the splashbacks tiled and had a new floor laid.

I dropped by the house today as I was in the area and found two plasterers fully plastering the living room and the skirtings and carpet have been removed. A large stack of new 8" MDF is in the hall ready to be fitted after plastering.

Despite me saying repeatedly to him that he must not undertake work without discussing and agreeing with me first, he ignores me and goes ahead anyway.

I have a meeting with him tomorrow morning to discuss this latest piece of work.
Should I just accept that it's his home and he wants to make it nice and is prepared to spend his own money to make it how he wants?
Could he somehow make a claim to a percentage of ownership given that he has put a fair chunk of his own money into the property?

Oh, lastly, he mentioned a few months ago that he always thought a loft conversion would be a good idea...
 
It's your property, he doesn't have any right to alter it without your agreement - even if it's for the better. It sounds like he's overstepped the line as to what's acceptable behaviour and is treating it like he owns the place. It needs nipping in the bud as far as I'd be concerned.

It's his home but not his property.
 
If it’s your name on the deeds, he cannot do as he pleases without your permission. He could built an extension but, at the end of the day , it is still YOUR property.
If he does not like it, sending him packing!
 
If you intend to keep the property you need to get rid of the tenant. He can't do any work on it without your permission and you don't want any complexities of him investing his money and claiming some sort of 'ownership' of the property.
 
No he cant make any claims to ownership .i was talking to a gas fitter last week who renovated the run down rented house and pays a rent that has not been increased

That said i too would be incredibly upset if someone did all that to a flat without asking ,one does not know all the quality of the building work .i would have a fairly strong word and reinforce the boundaries . Get it checked more often

He is breaching his tenancy agreement

Some years ago a tenant asked me if his dad could redecorate the flat and i stupidly agreed as he said he was a professional .what a disaster it was , i had to redo it and it almost needs replastering now .many folks do ask and some dont but i make it pretty clear not to do it as many times it causes more mess
 
First of all, let me make it clear that I am not a lawyer -- so verify some of the below yourself.

I understand that the landlord is responsible for the maintenance of all fixtures and fittings. So, for example, if he installs a shower at his expense, and it leaks, you are responsible for fixing the damage caused by the leak and (I have been told - remember I am not a lawyer) fixing the shower. If his tiles fall off, or the grout becomes stained, it's for you to make it good. This is really important because, when he does the work, you are not overseeing the quality of the work.

If it were me I would go along to the meeting with a present, as a thank you gift for all his work. I would say that you're really pleased he's improved the house. Remind him that it is his home but your house, and let him know that in future you would like him to ask permission first. I'd be really cool and jovial about it -- just say that you don't expect there will be any problem at all, that you just have to make sure that when he leaves, you can easily re-let. No wacky paintwork etc. After the visit write him a firm but friendly letter to that effect.

Inspect the property every few months.

As far as getting rid of him is concerned, check to see whether you can use s11. If you can, I would use it if there is any further unauthorised work. If you can't use s11 I doubt that a court would award you possession under s8, and basically, you're stuck with him. Bear in mind that there's only a small window of opportunity to use s11 -- it will probably go with Renters Reform, so an 18 - 24 month window.
 
If it is any use, in Italy a standard rental contract states that the property must be returned to the owner in the same condition as it was given. It also says the tenant cannot make any changes without the owners permission. So I would suggest, but I am not a lawyer, that at your meeting you should put things in writing. Both for future legal use, and to impress upon him that you mean business. "Verba volant, scripta manent."
 
Thanks to all who have responded- I got a full range of viewpoints there all-right!

As any landlord will confirm, there are only three things a tenant must do:

1: Pay the rent on time
2: Look after the place
3: Pay the rent on time

This tenants does all three 100%.

I'm meeting him at 10.30 tomorrow. I'll update here later in the afternoon.
 
I agree with you, I think I may be fortunate.
That said, I have well maintained properties in areas that rent easily and I don't take the mickey on the rent.
It's my business model and I appreciate other landlords view things differently, but it works for me.
 
This is a weird one and I wonder what psychology inspires him to spend a lot of money updating someone else's flat. You say that he maintains the garden to a good standard but his flat is not a garden/ground floor one. maybe it's a communal affair?

I would be both worried and amazed as this scenario is so unusual. I assume the work HAS been done to an apparently high standard (thinking about mandryka's comment above re. upkeep responsibility).

I can only echo others and say to nip anything further in the bud, suggest that as much of the work has not been authorised (albeit done well), you would expect the tenant to make good any failures in his installations and that a rider to this effect would be added to his lease (if indeed you are concerned about this aspect). Good luck and we await outcomes.
 
Mike Reed said:
I wonder what psychology inspires
Click to expand...

why do you wonder? OP should get rid

we have a tenant (in another country) who has been my tenant for 15 years - he occasionally asks if he can paint. I always pay for the paint and let him get on with it.
 
In my country, capital improvements made by a tenant become the property of the landlord.
 
Mike Reed said:
I would be both worried and amazed as this scenario is so unusual. I assume the work HAS been done to an apparently high standard (thinking about mandryka's comment above re. upkeep responsibility).
Click to expand...


It's not so unusual, I've had it happen to me a few times. For one thing, if the tenant is connected with construction, they have access to materials and want to use them. I've found houses re-carpeted, re-wallapered, re-landscaped, new kitchens . . . Just recently I had a tenant ask if he could install a walk in shower. A few months ago, there was a request to make a roof garden . . . .
 
I work for a landlord who is an excellent customer her tenants are really nice too however the landlord absolutely refuses to allow the tenant to do anything to the flat, the tenant wanted to buy a new couch (sofa) the landlord told the tenant that she could buy one but that she would have to take it with her when she leaves and replace the existing sofa ie it would have to stored somewhere at the tenant’s expense.
 
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