Tag Archives: Landlord Dispute

05Apr 2013

Rental News: More Disputes as Finances Get Tighter

⋅ Leave a Comment

By Craig Smith

The Chancellor of the Exchequer made his budget announcement a fortnight ago and the general consensus is that it has affected the poor for the worse. Perhaps the biggest news at the moment is how the reduction in certain benefits is affecting households around the country with many losing out and finding it even harder to make ends meet.

It isn’t just being able to afford the mortgage or rent that is an issue, the cuts can have had a knock on effect on general living costs and with ever increasing fuel & heating bills, some households can feel their finances running out of control.

Everyday Living

Managing more than 300 properties can have its ups and downs but it does give us a broad spectrum of scenarios to deal with. The properties that we deal with can vary greatly in size and condition, although none that are too bad we hope! There have been instances where even the tenants who seem almost perfect can fall foul to the ‘credit crunch’ and end up in a very quick downward spiral. All it takes is for one person to lose their job, for example, and have no money coming in to provide for their family.

We don’t just see this from tenants, we have had situations where Landlords have had to sell or even had their rental property repossessed as they hadn’t kept up with mortgage repayments.

Tenancy Disputes

The most common example of a dispute arising is when a tenant has left a property which is judged to be in need of works. We have written posts previously on how best to avoid disputes with tenants’ deposits and also the poor condition that some properties have been left in. We seem to live in a blame game culture at the moment where the slightest little niggle or problem results in compensation of some sort to an injured party. This has also found its way into the lettings world where issues that often arise are disputed as being someone else’s fault.

Quite commonly when a tenant leaves a property, and more so now when a problem comes up during a tenancy, it can turn into a game of tennis with neither the Landlord or tenant wanting to take responsibility. Something as simple as a broken door handle can be made into a big issue. The Landlord might think that the tenant has leant on it too hard and needs to pay for the repair themselves, whereas the tenant might think it is a cheap fitting and not made to last!

Of course, there are genuine reasons for wanting to hold back some of a tenants deposit. Maybe the property hasn’t been left as clean as when it was at the start of the tenancy or the garden hasn’t been looked after. (The time of year is a common argument with gardens which should always be taken into account but it is no excuse for extra weeds or damaged items!)

Rise in Deposit Disputes

If no agreement can be reached at the end of a tenancy then the costs can be taken through dispute. They can also be taken through the courts but this is less common as it costs a lot more this way!

Over the past year or so in particular, we have seen a steady rise in the number of people looking to dispute their deposit costs. For larger expenses this is understandable but some can be for smaller amounts, which does sometimes feel a bit like penny pinching!

The Future

It looks as though there is more financial uncertainty to come and we cant see a light at the end of the tunnel just yet. The points mentioned above are becoming common practice so the lettings road ahead could be bumpy!

28Jun 2011

Cost Cutting Leads to More Disputes Between Landlords and Tenants

⋅ Leave a Comment

By Craig Smith

In recent years, the country has been through a recession (some people would argue that we a still in the recession) and the cost of living seems to be ever increasing. Not only the cost of food and necessities but the cost of fuel has risen dramatically in just the last few months. This has had a knock on effect in the way that some properties are presented at the end of some tenancies.

Increasing Disagreements Between Landlords & Tenants

We have seen an increasing number of disagreements between Landlords and Tenants over some items which may be considered insignificant in the scheme of things. For example, a shower curtain may be left in a well used condition at the end of a tenancy by a Tenant who doesn’t think they should spend £10-20 replacing it. However, the Landlord may also be less willing to replace it as they may see this as an unnecessary expense. This then leads to a dispute between them and can sometimes turn what was a perfect tenancy into a feud.

Deposit Disputes

Thankfully, we don’t have a great deal of deposits that go through the DPS adjudication process (please refer back to our blog relating to best practice for deposits) although it is increasingly difficult to reach an agreement between both parties. We act as agents on behalf of our Landlords which means that some Tenants see us as ‘taking sides’ This isn’t the case and whilst we do work for Landlords primarily, we always try to reach a fair decision. For example, a Landlord who may be trying to charge £100 for that shower curtain probably wont get his money if the case went to dispute.

Issues at the Start of a Tenancy

Not all disagreements occur at the end of a tenancy. Some Landlords may not see the need to clean a property before tenants move in or have those little jobs finished. This then comes back round in a circle at the end of a tenancy when the Tenant may feel that they should leave it in the same condition.

What to Do?

Best practice dictates that a property should always be presented clean and in good condition at the start of a tenancy. By doing this, there is a benchmark for how the property should be returned when a Tenant vacates. Although wear and tear can only be expected, properties should always be presented as you would like to find it!