PDA

View Full Version : Tenant Keeping Motorbike in Flat!



kathdoug
07-10-2011, 13:40 PM
My handyman has been to the flat to do some repairs. He rang me to say that the tenant is keeping his motorbike in the hallway of the flat. I am not happy about this.

He asked why is was keeping it in the hallway and the tenant said as we had replaced the back gate with a slatted one (previous gate was not slatted, therefore people could not see in back yard), he believes that this posses as a security risk.
The new gate is over 6 foot in height and has a padlock on it which the tenant has keys for. The rear yard has 6 foot walls, therefore I doubt that someone would be able to lift a heavy motorbike over it.
I am inclined to contact the tenant asap, and advise that he should not be keeping the motorbike inside the property.
Tenants have almost 4 months of tenancy remaining and I am thinking of not renewing and asking them to vacate, as they have caused damage to an electrical socket.
Would I have to fill slatts in gate, so people cannot see into rear yard, so my tenant can store his bike in the yard?
Or simply tell tenant to keep the bike in yard?

tacpot
07-10-2011, 14:01 PM
The tenant can keep a motorbike in the property if he likes, you cannot stop him. So...

Why not ask him, if the gate is replaced with a sufficiently secure, plain one, will he agree to keep the bike outside? You can point out that this will protect his deposit as a heavy bike is likely to cause damade to the property, and require additional cleaning. You can point out that the damage/cleaning required after a motorbike has been stored inside the property would not be considered fair wear and tear.

But seeking eviction for damage to one electrical socket (and a motorcycle in the house) does seem a bit extreme!

If the tenant agrees to keep the bike in the yard if you replace the gate, everyone wins - the relationship is repaired, the property is protected from damage, and the tenant knows you are a reasonable person who accepts they have needs as well and will negotiate on thorny issues. You are saving on the court costs you would incur trying to evict them, so why not stump up for a new gate? (Would a neigbour take the old one of your hands for a small fee?)

kathdoug
07-10-2011, 14:06 PM
I never said I want to evict them. I said I am thinking of not renewing their tenancy. I would not need to go to court to evict as i would wait for the term to expire and then give them 2 months notice.
I did visit the property 2 weeks ago and it was not in a good state (he did not have motorbike in hallway, it was outside. I did notice that there were scuff marks on the hallway. Now I know how the scuff marks got there in the first place.

LesleyAnne
07-10-2011, 14:10 PM
Tacpot - Should the LL be responsible for the security of the tenant's motorbike though? Surely if tenant chooses to have a bike, they are responsible for making sure it is locked/chained up and the LL should not have to provide a better gate just to achieve this? There are a number of good bike security measures on the market, and tenant should buy something himself.

I am all for fostering good tenant/LL relationships, but I think this is going a bit too far.

LesleyAnne
07-10-2011, 14:13 PM
I never said I want to evict them. I said I am thinking of not renewing their tenancy. I would not need to go to court to evict as i would wait for the term to expire and then give them 2 months notice.


You fail to understand how the eviction/notice system works. You cannot evict without going to court. If you give them 2 months notice, it is notice that you are seeking possession. If they choose to ignore it (they legally can), you wait the 2 months then apply for court order (another 6-8 weeks if your are luck), then if they still don't budge, you apply for court bailliffs to shift them (maybe another month). Even if the fixed term is over, notice may not get them to leave!

kathdoug
07-10-2011, 14:15 PM
If the tenant agrees to keep the bike in the yard if you replace the gate, everyone wins - the relationship is repaired, the property is protected from damage.

I have a good relationship with all of my tenants including the tenant concerned here. A LL should not be held responsible for the security of someones bike. The backgate is 6ft high and has a padlock on it.

tacpot
07-10-2011, 14:22 PM
Should the LL be responsible for the security of the tenant's motorbike though?

No, but the OP has done something that caused the tenant to change their behaviour. Now that this change has been made, if the OP wants the tenant to change their behaviour again, they need to do something to cause them to do so.

No doubt the tenant had suitable locks (and alarm and had the bike marked etc.) before the gatewas changed and will be prepared to revert to using them.

The OP couuld suggest that the damage (scuff marks) should be repaired asap, at the tenants cost, but if not too bad, these could be left to be deducted from the deposit.

Motorcyclists usually fall into two categories; those who love their bikes dearly, and those who love their bikes dearly AND need them to get to work! Know your customer.

midlandslandlord
07-10-2011, 15:42 PM
I'd say that the pragmatic solution would be to put something costmetic - depending on aesthetic sensitivities of T - over the slatted panel of the gate, after seeing if T would then keep bike outside in that case.

I'd try a shaped sheet of ply and about eight screws.

Or just spend £100 or so to replace the gate with a solid one.

Either that, or accepting that you (if T refuses and you can't prove it) will need to replace the hall carpet, is still a *lot* cheaper than the cost of changing T.

Or you could supply a lockable (motor) bike shed.

ML

ram
07-10-2011, 15:48 PM
Sorry to everyone, but motor vehicles do not reside inside buildings
that do not have parking spaces for motor vehicles.
Motor vehicles park outside,
and in the premises described park outside also.

End of story.

There is no dispute. Vehicles park outside.
And there is NO, ah, well, you see, I need it to get to work.
Vehicles park outside.

Get your act together.

R.a.M.

mariner
07-10-2011, 16:52 PM
M'cycle in property is a fire and safety hazard.

Wickerman
07-10-2011, 20:23 PM
There is definitely a H&S issue as there is a combustable source. There is also the potential damage for:

1. Impact of side stand or centre stand on floor (would dent laminate flooring, cause high level of flexing)
2. Impact from wheels on floor. Remember bikes weigh upwards of 100 kilos (mine weights around 200 dry)
3. Impact from knocking things

My recommendation for him is to buy an approved ground anchor and an ALMAX chain and get the bike outside. These are highly resistant to bolt croppers.

ram
07-10-2011, 20:31 PM
There is definitely a H&S issue as there is a combustable source. There is also the potential damage for:

1. Impact of side stand or centre stand on floor (would dent laminate flooring, cause high level of flexing)
2. Impact from wheels on floor. Remember bikes weigh upwards of 100 kilos (mine weights around 200 dry)
3. Impact from knocking things


Doesn't happen, as "Vehicles park outside" :8):

bhaal
08-10-2011, 08:36 AM
The Tenant can do what he likes in his home (unless he breaches some law or term of his agreement). Is there a prohibition on keeping a motorbike in the property in the Tenancy Agreement? If not you'd be relying on the implied term to act in a tenant like manner and without proof of actual damage I doubt that would get you anywhere.

You can of course serve a section 21 notice when the fixed term expires. Have you protected the deposit in an approved scheme?

kathdoug
10-10-2011, 13:31 PM
Yes, deposit was put in DPS day after money was paid, so is well within the 14 days.
I've checked the tenancy Agreement and there is a clause which states ' not to park any vehicle on the premises'. Also, it is a health and safety issue as there is petrol in the tank and it may invalidate my insurance.

tacpot
10-10-2011, 14:10 PM
So what are you going to do to pursuade your tenant that they should keep their bike outside?

ram
10-10-2011, 14:33 PM
So what are you going to do to pursuade your tenant that they should keep their bike outside?

read post 9, then read them the riot act of
"How dare you use my house as a garage", remove it at once.

But the tenant now knows the landlord is a soft touch, and wont do anything.
So instant removal of tenant for breach of the AST and also the headlease
is in order.
Never be soft on tenants as they wil just excrement on you.

tacpot
10-10-2011, 14:47 PM
So instant removal of tenant for breach of the AST and also the headlease is in order.

It's not really that easy is it. Much easier to reason with the tenant, and get them to change their behaviour. This is not being soft on the tenant - you as still demanding that they change their behaviour, but in a subtle way that allows them to back down gracefully. You are not backing down.

The OP has many rational reasons to ask the tenant to keep their bike outside. There is no reason to be shy about asking them to do so. A simple "I'd prefer you keep your bike outside because of the potential for damage to the property. What would pursuade you to do so?" would suffice.

Eviction is still an option if the tenant comes back with a completely unreasonable set of requirements. But the OP could for example give permission for a ground anchor to be installed outside, and/or fill-in or otherwise strengthen the new gate.

ram
10-10-2011, 15:16 PM
there is a clause which states ' not to park any vehicle on the premises'.

and on the premises includes the garden, walkway, driveway, back alley, roof, landing.

NO, no concesions, no anchors, no pussy footing around.
" Get that vehicle off my premises, NOW", and if not, then they are in breach
of contract ----- Simple.

However, too many people on here condoning breach of contract and breach of AST, so will leave you all to fight about it.
Next thing he will want his car inside, or on the garden !

Vehicles park outside.

Bye.

PropertySynergy
10-10-2011, 15:30 PM
Motorcycle with up to 15 litres of petrol + hot exhaust + electrics = huge safety risk which most definitley endangers life and invalidates insurance.

However the quickest cheapest option would be to board the gate and ensure he understands never to take the bike inside again.