How to Deal With Different Tenant Problems
Various problems can occur during a tenancy, however, there are specific problems landlords face that are caused by tenants. What is important is how you choose to deal with them and how you will prevent them in future. These are different examples of tenant problems, the risks they pose, the steps landlords can take to resolve them and what preventative measures can be taken to reduce the likelihood of these problems occurring in future.
Rent Arrears
- Rent arrears are when a tenant’s rent is in ‘arrears’, meaning it is late, underpaid or remains unpaid. It causes financial loss for landlords but especially when it is continuously unpaid. Without consistent rent payments, landlords may be unable to cope with the costs of the property on top of their personal costs. These situations can be made more difficult if tenants refuse to communicate and don’t respond to attempts to question them about unpaid rent.
- When rent remains unpaid you must chase up your tenants and issue them with warnings. If the rent payments are not resolved following these warnings, you may want to follow legal proceedings to get the money you are owed. Property managers can either introduce you to a trusted legal team or, if they have one, have their own in-house legal team support you.
- To lessen the risk of rent not being paid, landlords should always ensure tenants are thoroughly screened. Checking their financial history and background can help avoid tenants who are more likely to make late payments, refuse to pay or be unable to pay their rent. You can also consider adding an additional fee for late rent to encourage tenants to pay sooner.
Deposit Disputes
- Deposit disputes can happen when a tenant submits a claim stating that the deposit return was less than they felt they deserved. This can be when the wear & tear and general damages, or the state of the property after the tenancy ended, impacted the amount of deposit the landlord decided to return. If a tenant believes the amount returned is unfair, or the damages were not their fault, they are entitled to submit a claim.
- It is wise to support the amount of deposit you decide to return with evidence. Before each tenancy you can take photos of the current state of the house, which will show how it looked before any tenants arrived. Taking photos during inspections, throughout the tenancy, can help to identify issues and keep track of the state of the property. These photos can then be compared to weigh up reasonable wear & tear and damages that can be specifically attributed to the tenants.
- To lessen the likelihood of deposit disputes, landlords should make each tenant and landlord responsibility clear from the beginning within the tenancy agreement. Their responsibilities before leaving the property, when their tenancy ends, should also be made clear. It is also important to ensure that any deductions you make from the deposit are reasonable and fair to tenants.
Abandonment
- Abandonment is when tenants move out of a property without notice, before their tenancy has ended, and the landlord is unaware that they have left. There are many risks posed to properties by abandonment, such as vandalism or being occupied by squatters. If the house was left unlocked, for example, anyone could easily break into the property, steal from it or damage it. The longer landlords are left unaware of the abandonment the larger any risks can become.
- When you suspect abandonment, every possible method of contacting the tenant should be exhausted, including contacting their guarantor. The tenant could have left for a vacation, could simply be out of the house or could have been involved in an accident. To obtain evidence to see if abandonment has occurred, landlords should check if the rent is still being paid, if tenant belongings have been removed from the property, if the keys have been returned and what the neighbours may have noticed or seen. If rent is repeatedly left unpaid, landlords can issue a series of warning notices before repossessing the property. However, landlords should be aware that a tenant can legally return to the property at any point during their tenancy and these actions should only be taken if they are certain that there is definite proof of abandonment.
- To find out about abandonment sooner, landlords and property managers should make sure to keep consistent communication with tenants. Consistent communication can help identify any lapses in tenant communication faster. Landlords can also look out for other signs such as property neglect and irregular rent payments.
Subletting
- Subletting is when tenants let all of the property out, or part of it, to other people who are known as ‘subtenants’. Most tenancy agreements state that subletting is not allowed without permission from the landlord. If the tenant asks for permission the landlord can decide to allow the subletting, but they must consider the risks associated. Tenants may choose unsuitable subtenants as they do not have the screening processes landlords use. If the subtenant causes any damages and the tenant has not taken a deposit, the damages will not be covered by the original tenant’s deposit. When you don’t have a tenancy agreement, evicting subtenants can be difficult, especially when the original tenant has moved out.
- If you do not give permission for the property to be sublet, you should first inform the tenant of this and make it clear that they are not allowed to continue subletting the property. If they continue to sublet, contact the subtenant and either give them notice to leave the property or you can offer a formal tenancy to the subtenant instead. However, if the subtenant refuses to leave you may progress to issuing a court order.
- To lessen the risk of tenants subletting without permission, landlords should make sure that the tenancy agreement explicitly states either that subletting can only be done with express permission or that subletting is not prohibited. If necessary, tenants could then be evicted for breach of tenancy. It is also important to regularly inspect the property, as this can help identify signs of subletting and it can be addressed early on.
Antisocial Behaviour
- Antisocial behaviour in tenants is classified as conduct by people occupying properties that is likely to cause nuisance or annoyance to people in the vicinity; including use of the property for illegal activities. It can include noise complaints, littering or dumping rubbish around the property, damage to the property, behaviour that disturbs neighbours, intimidation, harassment and violence. It poses danger to the neighbours, the property and yourself. Having this behaviour connected to the property and the landlord can also be incredibly bad for reputation.
- This behaviour should be immediately addressed. This can be through warnings that explain the consequences for their behaviour and the actions that will be taken if it continues. Landlords can also contact the guarantor about the tenant’s behaviour. Each of the incidents and any witnesses should be detailed for proof of the behaviour. They can choose to end the tenancy if the behaviour continues or, if needed, contact the police about the antisocial behaviour of the tenant.
- To avoid tenants with antisocial behaviours, tenant screening procedures should always be thorough. Any past deviancy or criminal history that is recorded can warn landlords against accepting any potentially antisocial tenants. Landlords should also ensure that the tenancy agreement clearly references antisocial behaviour and what is not acceptable.
Angry Tenants
- Tenants typically show the anger toward their landlord through aggressive interactions in person, in messages and in general interactions. Having a poor relationship with your tenant will have further consequences. If the cause of their anger isn’t addressed it will likely worsen, making communication and discussion more difficult. The tenant’s feelings about their tenancy can also cause a reputation hit to landlords if they express their anger to other people or through reviews.
- It is important to understand the cause of their anger and to see what can be done to resolve the issue. You should communicate with them and try to be attentive to their troubles to attempt to resolve any issues. You can also seek mediation to calm the situation, if necessary, where a third person can assist in reaching an agreement to resolve the issues between tenant and landlord. However, it is also important to consider the situation and know when you should decide to end the tenancy early.
- To reduce the risk of angering tenants, landlords should make sure any complaints or issues within the property are addressed promptly. For example, issues such as unfulfilled repairs, invasive property visits, unexplained rent increases or security issues can cause unrest with tenants. Resolving any causes of upset can reduce the likelihood of tenants becoming angry with you.
Conclusion
In conclusion, as a landlord it is very likely that you will face these situations and tenant problems. By assessing the situation and following the correct procedures you can work toward resolving it. In future, you can ensure you are prepared for these situations by appropriately safeguarding for each, especially in screening procedures for tenants. Being actively aware of these problems and considering them when selecting tenants is important.
At Blocsphere, we can help you to feel confident and prepared for tenant problems. Our in-house legal team is well equipped to help you navigate tenancy agreements, rental arrears, legal situations and evictions. Request a no-obligation management fee estimate for your property today and begin your property management journey with Blocsphere.
