Dealing with tenants who report imaginary problems

Let’s start with a true story told to us by a landlord. A set of new tenants complained their clothes smelt worse after washing them and that the machine’s drum had a bad odour. The previous tenant had never made such a complaint. The landlord recommended they use the deep clean cycle.

The tenants reported the machine and their clothes still smelt. The landlord asked the managing agent to visit and check the machine. There was no odour to report. The tenants said the issue was ongoing, so the landlord ordered a washing machine cleaning kit to be delivered directly to the tenants.

The tenants insisted the smell was still there and having exhausted all avenues, the landlord replaced the entire machine at great expense, also having to cover the cost of installation and the removal of the old machine.

Issues that are all in the mind

The landlord doubted that there was ever a problem with the old machine and felt they’d got rid of a perfectly good appliance to placate the tenants. This anecdote is the perfect example of tenants making up imaginary problems for landlords to deal with.

Imaginary problems are one of the most bizarre occurrences in buy-to-let. The issue lies with the landlord having to prove no such issue exists – a process that can be time-consuming, costly and frustrating.

Faults that only ever occur when the tenant is home, odours that are never in the air when the landlord visits or odd noises that no one else hears – it can be hard to formulate a plan of action if there is little to no evidence of a fault.

Detective work

The aim will be for the landlord to conclusively show that all investigations have been carried out, in the most cost effective way, and provide proof there is no problem with the property or its contents. The following process should be followed:

• Ask the tenants to keep a log of when the issue occurs, taking photos and/or videos, if applicable
• Pay the property a visit personally to talk to the tenants (giving the mandatory notice period), asking to be shown the issue
• Speak to the immediate neighbours and/or the block manager to establish if there have been similar complaints
• If the issue is reported to be gas or electrical – such as a sulphurous or burning smell - arrange for an immediate safety inspection
• Book a registered trade for a diagnostic check for all other issues
• Ensure all requests to the tenant are made in writing

Breaking the deadlock

Problems can come to a head when the tenants insists the problem is ongoing but there is a lack of evidence and the landlord, or their property manager, can’t find the issue. The landlord will need to make a decision about whether the tenants are generally good enough to retain and, if so, how the issue can be resolved.

As in the anecdote, is it worth spending a few hundred pounds on a new item to stop the complaint? Ask the tenants if they’d be happy with a deep clean or an appliance service before a replacement is ordered.

Minor grumbles, major headaches

Sometimes tenants have a habit of reporting minor issues, and this can become frequent and annoying. In this case, landlords should familiarise themselves with the Warren v Keen court case so they know what it means to act in a ‘tenant like manner’ and what responsibilities fall to the occupant.

If complaints persist and a landlord reaches breaking point, they may be left with no alternative but to serve the tenants notice using a Section 21. At present, it’s the only eviction route to regaining a property without a pre-defined reason.

Serving notice to stop the issue

A landlord using a Section 21 will still have to be incredibly sure that they have managed the tenancy impeccably to avoid a counter claim or appeal from the tenants. The tenants may take umbrage at the eviction, especially if they feel there is a fault with the property that the landlord has ignored.

Building a dossier of evidence, reading up on compliance, ensuring the prescribed information has been issued correctly and establishing the final line on responsibilities as set out in the tenancy agreement will be critical.

With the Renters’ Rights Bill speedily making its way through the Houses of Parliament, the days of regaining possession without a reason from a strict list are numbered. In the near future, constant complaining won’t be a good enough reason to service notice, leaving landlords stuck with troublesome tenants.

Sell with tenants in situ

Open Property Group is, and will remain, an option for landlords where serving a notice isn’t feasible or a quick resolution is required. We buy any property for cash, including those where there is an active tenancy. Our service allows landlords to walk away from a buy-to-let, with no need to evict or wait for a tenant to serve notice. We’re also happy to take on tenants who can’t stop complaining. Contact us to discuss your situation.