Monday, March 25, 2013

Tenant causing damage ? what do you do ? So as a lanlord you have met the new tenants and they seem perfect both working with good jobs well dressed well spoken and good references. What more could you want?
Well they have been there 4 months and the agent has made the first inspection. The agent reports that the property is very messy but not damaged the tenants are simply untidy and perhaps careless and result could be a problem.
An inexperienced agent may write a stern letter and come down hard on the tenant. This should never be the first approach as it will alienate the relationship. The tenant agent relations should be maintained at early stages at all cost even if Landlord has fallen out. I have learnt through experience to tread carefully initially. Where things are not going well on initial inspections I have always returned to the office and written to the tenant saying "we are sorry you were not able to have the property ready for our inspection it maybe we did not give you enough time to get the house presentable as we are keen to present a good report to the owner, perhaps we could return in a weeks time please confirm your co-operation.
Now we have a situation where subtly the hint has been made without talking down at the tenants.Thereafter if they simply ignore a sterner approach can be adopted. So the agent has returned to the property and this time it is neat and tidy clothes are in laundry or wardrobes plates removed from floors and coffee tables and the agent report states that due to carelessness the newish cream carpets will not survive the term of their occupation as already stains from footprints and spillages have caused damage that may not clean.
Most agents at this point would warn the tenants that they are causing damages and they will expect them to remedy the damage by the expiry of the tenancy.
Many discussions over my 30 years with other agents in asking what course of action they would take they all respond similarly. Along the lines that they log it, then demjand tenant action and warn owner, then do nothing until, the expiry of the tenancy.
This is not the correct way to address the issue, it needs to be tackled with direct action immediately. Again from experience the last thing a tenant proven to be careless is interested in at the end of their term is the property they are leavingt. Their focus will be on the new property and will not give 100% commitment to the property they are vacating mentally or financially
So we are mid term and the carpets look like they will definately need replacing. Its at this point AN agent should insist the tenant tackles the issue today not tomorrow. The agent should tell the tenant how old the carpet is and obtain a price for professional cleaning and pass it to the tenant. Warn the tenant that if it doesnt clean they maybe responsible to replace. Ignore promises that they will sort it all when they vacate. The pressure must be placed on them whilst they are in the property. If the cleaning has worked they may be more cautious and tidy in future, if it has not worked and the damage is obvious then an agent should stick 2 or 3 replacement carpet quotes under the tenants nose saying that the owner intends to replace and they must pay. Its easier to pursue them legally whilst they are in your property.
It is the owners responsibility to make the decisions to enforce action keep in mind an agent is only a go-between. In making decisions fare wear & tear needs to be a consideration and the law courts will hold very little value of a carpet that is over 6 years old. A good agent will have the condition of the carpet reflected in the inventory but age will play a major factor in any dispute.
This example deals with carpets but can be applied to any other damage seen in the property.
Many owners read a report and think the agent will tackle it further, the agent is their to advise and administer your instruction if it falls within the law and the agents remit. However if anything is mentioned in the report then an owner should be pro-active in tackling the issue sooner rather than later