“My tenant destroyed my property” – A cautionary tale

By Sharfaa Kerkache, Trainee Solicitor at Woodstock Legal Services

A landlord’s worst nightmare…’the tenant from hell…he not only doesn’t pay rent he single-handedly took down each tile from my bathroom wall!’

As if the headache of the pandemic wasn’t enough for private landlords, one had the misfortune of a tenant who refused to pay rent and ‘renovated’ his property. This tenant humoured his landlord into allowing him to re-decorate to suite his taste, by dangling the carrot of ‘I wish to buy your home.’

Soon what were supposed to be minor re-decorating turned his property into a construction site. The unfortunate landlord never got the sale through as of course any attempts from the landlord’s conveyancing solicitors fell on deaf ears. Eventually the landlord realised that this tenant not only had no intention to buy his home, but he had no intention to pay to live in it and was destroying it!

From sawing the doors in half, to removing every tile from the bathroom wall and claiming they ‘fell off’- but conveniently did not dent the bathtub placed directly under the wall – this landlord went through it all.

What could this landlord have done differently? Referencing checks – well these were done. Managing agents – he had not instructed one – this landlord unfortunately managed the property without any professional assistance.

Does it make that much difference? In some instances, YES! Today more than ever it seems private landlords need these extra layers of protection, from professional agents to solicitors – all helping to keep this vulnerable relationship a purely professional one. 

The legal system is far from sufficient from landlords and the pendulum swings very much in favour of tenants. Sadly, this tenant took advantage of the court system. Whatever awareness makes them feel empowered, it is for the private landlords to counteract that – educate yourselves on what the tactics are, what do they want?

Surely distrust is not the best way to build these sorts of relationships. Let’s think of it like this – let them give you reason to trust them. Trust the tenant that pays on time, that allows access to repair the property, that doesn’t destroy it, rather treats it like their own property.

Are there any more of those left? Whilst there were some genuine cases, the pandemic resulted in many tenants trying to play the system and avoid paying rent by attempting to argue disrepair and counterclaiming to the exact penny owed in rent arrears – the pandemic gave these tenants a very good excuse to not allow access, to silently claw away at every brick and tile within their reach. But now that we are seeing the endemic, has this murky veil been lifted? Have they been caught in action? The next few months will allow us to know for sure.

But what do we learn today – from the unfortunate circumstances of one private landlord, others should ensure they carry out their monthly or three monthly inspections – Don’t take I won’t be home as an excuse, ask for permission to enter using your own keys, keep an inventory, and at the first sniff of a tenant taking the biscuit – ACT – or yours could be the wall with the tiles ‘falling off.’

Lessons to be learned

How can a landlord protect themselves as much as possible to avoid the “tiles falling off” the wall in their property?

Complete sufficient referencing before entering into a contract with the tenant

• Consider a guarantor and make sure the guarantor agreement is watertight
• Complete an inventory before the tenant takes occupation from an independent party
• If a landlord is going to sell the property to the tenant seek solicitors’ advice at an early stage.
• If a landlord is put on notice of works then works must be carried out in a reasonable amount of time, even during a pandemic the landlord is still obliged to carry out repairs.
• Seek legal advice if landlord and tenant want to reach an agreement in respect of the tenant completing works to a property.
• Carry out regular inspections of the property. If the tenant is not going to be home, ask for permission to enter using your own keys.