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AIBU to think it should be easier to get these tenants out?

(42 Posts)
WateryTart Fri 02-Jun-17 17:58:50

We're accidental landlords and have lovely tenants. However, the house next door to them is also rented and those tenants are causing problems to ours and the entire block. They haven't paid rent since January, have constant loud parties and are abusive to the neighbours. Their kids are terrorising the neighbourhood.

The agents say they are dealing with it and they will be evicted "soon". Surely once they stop paying rent they should be out on their collective ears? Let alone their other behaviour.

I feel so sorry for our lovely tenants who can't even enjoy their garden while these creatures are next door.

Has the pendulum swung too far in favour of tenants? Or, as I suspect, is the agency dragging its heels?

AIBU in expecting that rogue tenants should be easier to get rid of?

harderandharder2breathe Fri 02-Jun-17 18:01:04

As a good tennant, it annoys me that bad tennants get away with so much shit so all tenants get tarred by the same brush.

Yes tennant should be protected. But if you don't pay your rent then out you go.

scurryfunge Fri 02-Jun-17 18:02:48

It's very straightforward to evict tenants but it is very time consuming. A canny landlord will have insurance against non payment of rent. I'd much prefer the law was fair to both parties, don't you think?

TOWIEngland Fri 02-Jun-17 18:03:29

I think you're being pretty naive as a landlord tbh.

Evicting a tenant is a long, drawn out process.

PaintingByNumbers Fri 02-Jun-17 18:04:58

as a landlord, you must know it takes months and costs thousands to evict, so it isnt the agency dragging its heels

WateryTart Fri 02-Jun-17 18:05:19

Evicting a tenant is a long, drawn out process.

I can see that, but is it reasonable that it is? That's what I'm asking.

19lottie82 Fri 02-Jun-17 18:05:22

Your LA should have served a section 8 as soon as two months rent were owing, have they? This allows you to go to court to get an eviction notice.

If they haven't, I'd take matters into your own hands, it's not that difficult with a bit of research.

nancy75 Fri 02-Jun-17 18:05:37

How is the law fair to both parties? Even without the bad behaviour if the rent isn't paid the landlord should be able to evict much more quickly than they can now.

19lottie82 Fri 02-Jun-17 18:07:04

Doh sorry I read the thread totally wrong! Long day!

Look on the land register and see who owns the property, contact them and tell them what's going on. They might not even be aware.

specialsubject Fri 02-Jun-17 18:08:18

Ooh, good luck with this one...

The england/wales system takes no account of tenant behaviour with eviction. From notice expiry to bailiffs can take up to a year in London. The tenants commit no crime unless they refuse the bailiffs.

The system can be played if trying to evict for no rent, the only reliable method is a section 21. Which the Scots have just outlawed so I hope you aren't there!

Florida has eviction notice when rent is 3 days late, and encouragement off the premises two weeks later. They still protect normal tenants.

You aren't accidental landlords, no one is. Make sure you have rent guarantee and full legal cover. The fact that you are unaware how long eviction takes and how much it costs leaves you vulnerable.

Yes, been there. A decent tenant became the other kind.

19lottie82 Fri 02-Jun-17 18:08:42

You also need to encourage your tenants to contact their local noise team / environmental health every time they have parties and / or commit antisocial behaviour.

WateryTart Fri 02-Jun-17 18:14:13

You also need to encourage your tenants to contact their local noise team / environmental health every time they have parties and / or commit antisocial behaviour.

I've done this but there are (understandably) reluctant because they feel very intimidated.

Thanks for the tip about the land register, lottie. I'll do that.

We've been very lucky with all our tenants but all have been friends or friends of friends only wanting shortish term lets. We do it all "properly" though.

CloudNinetyNine Fri 02-Jun-17 19:04:52

as a landlord, you must know it takes months and costs thousands to evict, so it isnt the agency dragging its heels

Would all that cost be covered by insurance?

specialsubject Fri 02-Jun-17 19:24:01

Yes, although it can take some arguing. And of course insurance only covers certain tenants.

The costs are £355 for the initial application and £110 for the county court bailiffs. Costs triple if you use solicitors - the specialists all charge the same. Plus any unpaid rent of course. And non paying tenants aren't likely to leave the place tidy - the landlord also has to store their stuff for a certain time.

Get any paperwork wrong and begin again. There is no speeding up the process unless the judge allows the high court bailiffs, and each step must be completed before the next is applied for.

CloudNinetyNine Fri 02-Jun-17 20:03:16

And of course insurance only covers certain tenants.
Which tenants aren't covered?

specialsubject Fri 02-Jun-17 20:19:07

Ones that don't pass whatever criteria the insurers set. Seems to be income multiple and guarantor if needed.

And before the yells start, i wasn't told a flat 'no benefits'.

Ohbehave1 Fri 02-Jun-17 20:39:26

19Lottie82. I think you mean a section 21.

The reason it is so difficult to evict a tenant is that it was deemed unfair that a landlord could evict a tenant without suitable notice. Imaging a tenant has one month where they don't get paid and can't pay the rent. Some landlords used to evict at the drop of a hat. There was no security or protection for the tenant.

As a private tenant I know how worrying it is each time we are up for renewal. We want a long term home and thankfully our landlord has been great. But if they want to sell we are out on our ear and our home of the last 5 years is gone.

The trouble also is that as a tenant, unless you sit through the whole of the eviction process (at expense to yourself as well as the landlord) the LA will not consider you for Social Housing as they consider you as making yourself homeless. This means that tenants won't leave if they don't have another property to move into because they are trapped.

It doesn't help with families like the one mentioned by the OP but it does give protection to the majority of reasonable tenants.

CloudNinetyNine Fri 02-Jun-17 20:40:33

I'm thinking if insurance doesn't cover all costs or takes so long to come through won't landlords just ask for a huge deposit to cover any shortfall. That wouldn't be a good situation for tenants.

Instasista Fri 02-Jun-17 20:44:08

What a ridiculous post. What would
You do if they were homeowners? Try and grass them up to the mortgage company?

You get anti social people in life, its not pleasant but it's just bad luck.

19lottie82 Fri 02-Jun-17 20:47:16

OhBehave....... no I don't. A section21 is a non fault notice and cannot be enforced until, at the earliest, 2 months before the end of a fixed term tenancy agreement.

A section 8 can be served due to a breech of tenancy, usually when rent is overdue by 2 months or more.

riceuten Fri 02-Jun-17 20:48:55

No, it shouldn't be "any easier" to evict tenants. We have some of the least amount of tenants rights in Western Europe. I recall a landlady on here wanting to kick her tenants out because they "left the lights on too long". We need "due process" - and it needs to be sped up.

It SHOULD, however be easier to deal with anti-social behaviour from tenants, including eviction and deprivation of noise causing equipment.

OurMiracle1106 Fri 02-Jun-17 21:01:07

The agency can issue a section 8 so long as they are at least 8 weeks behind on their rent at the time of issue and the court will grant possession so long as on the court date they are 8 weeks behind

I flat share and our agency have done it on a number of occasions to evict tenants. (Usually also after issuing and waiting for a section 21 to expire so they definitely get possession)

Also you can report to environmental health and the council will contact the landlord (and can impose fines)

specialsubject Fri 02-Jun-17 22:11:54

...as long as on the court date....

Anyone not actually struggling to pay (and partying means it might be them) can play this for a long time. And yes, landlords can be held responsible for tenant behaviour . which is a bit rubbish for anyone in the catchment of the wait a year courts. Broken system.

As for the deposit - tenant money. Can't be dipped into if rent stops.

Toysaurus Fri 02-Jun-17 22:35:48

I think your biggest worry here is that as a landlord you seem to have no idea how the eviction process works.

Annoying and awful as the neighbours concerned sound, there are processes in place to deal with antisocial behaviour.

And a Section 8 a couple of years ago was considered risky because a tenant could defend this in court whereas the S21 process couldn't as longs as the landlord followed the law precisely. Very precisely.

WateryTart Sat 03-Jun-17 05:18:18

I think your biggest worry here is that as a landlord you seem to have no idea how the eviction process works.

I haven't needed to ever consider evicting tenants, so it's not a worry at the moment. However, I do believe the agency are dragging their heels about evicting the troublesome tenants next door. If our tenants were behaving like that then we'd be on the case straight away.

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