Marta
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After an estate agent found me a tenant and managed to the property for an initial period of a few months, I have given notice to the management service, and taken over the management myself.
The tenants were duly informed by the agent (1 June):
I can confirm that the Tenant is aware that you are taking over management from the 8th June
On 26 June the tenant informed me that they were leaving for a holiday abroad for over two months.
I replied informing them of the terms of my insurance policy – requiring weekly visits after a period of unoccupancy of 45 days and increasing my excess -, of which things the tenant is responsible according to clause 19.2 of Section F Tenant responsibilities during the tenancy of the AST:
19.2 Not to do anything which might cause the Landlords policy of insurance on the Property (or it could be referred to as the Premises in the policy) or on the Fixtures and Fittings to become void or voidable or cause the rate of premium on any such policy to be increased. The Tenant will indemnify the Landlord for any sums from time to time paid by way of increased premium and all Reasonable Expenses incurred by the Landlord in or about any renewal of such policy rendered necessary by a breach of this provision.
Since then, my tenant
1) Have not confirmed that they will abide to the conditions set out by my insurers, not responding to my email requests to clarify (they said they had someone visiting in July – when it is not required – but they do not have anyone visiting in August)
2) They have suggested that I should pay for someone to visit, citing clause 1.2 of Section F Tenant responsibilities during the tenancy of the AST:
1.2 Periods of absence of more than 21 consecutive days: Give the Landlord access for the purpose of complying with any insurance policy conditions and taking any Reasonable necessary steps to mitigate the risk of damage to the Property however the Landlord is not obliged to visit. [this in my understanding gives me right to access, but not the duty to pay for the cost involved, which is theirs according to the clause cited earlier]
3) have been complaining of the following:
. we prefer not to have a direct relationship with the landlord but we always want to deal with an agent
. we have not had a reduction of the rent for not enjoying the advantages of an agent
. we strongly recommend appointing an agent to manage this contract.
. want to express how disappointed we are with all the events that have happened since we moved in. All these events are against a key principle of the agreement, Quiet enjoyment
. receiving so many emails from you is very disturbing. I would please ask you not to get in touch with us unless necessary.
4) They have also taken their complaint to the agent, all of which I found utterly upsetting.
They are currently not responding to my email messages.
The open issues are two:
a) I am unsure if they are abiding to the terms of my insurance policy. They would have to provide proof of the visits and it is clear they will not
b) They have been uncooperative when I requested some information (a picture from the garage, which I need because my insurance is requesting me to install a leak detection gadget before renewal date 15 August, to offer cover). They have not replied to my email request. This is causing me financial damage.
I know I now must send someone in to check this detail, but how would I do this to do it correctly?
Inform tenant of a date with a few days of advance, and offer for them to be present if they so wish?
Can I proceed if they do not respond after 24 hours?
Pay for the visit? – I am sure they would not pay for it…
Claim it from them but how?
