Tenants taking advantage?

[Applecart12]

I have a rental property and despite them passing all referencing have been a nightmare.

1. They have consistently sub-letted (breaching the contract) the property numerous times to various people and the agent has had to move them along. But they've consistently lied saying they are only temporarily living there or they are family.

1. Breaking things in the property and then claiming it is not them, and not taking responsibility.

1. They all do night shifts - even the new ones they have moved in after the original tenancy agreement and have no consideration when they come back in the middle of the night, stomping up stairs, using the dishwasher, washing machine and blender at any time between 12-6 am. There are currently 4 people living there when the tenancy is for only 2.

1. Rubbish and mess are left at the front of the property and if the foxes do get into overflowing bins they just leave it sitting there.

1. Parties - children running, stomping at 11-1 am.

1. Domestic arguments where the neighbours can hear every word between the two adults

As the landlord I have spoken to them many times, the agent has spoken to them. The neighbours have knocked on their door.

Their 12 month contract ended recently and I was not willing to renew. However, they requested an extension because they said they had found a place and could not move till x-date.

X-date is approaching and they have now said they are still looking. Lies again

Now the question: neighbour this week had to knock on their door to ask for the screaming and running kids to stop and that they should be in bed at 11pm. They also mentioned about the domestic arguments that they could hear.

Tenants duly rang the agent next day complaining that the neighbour was aggressive and that they didn't like them talking about their children.

However, on speaking to said neighbour - they said that the tenant did not look upset when she mentioned the children (smirking and not bothered) but it was only when they mentioned the domestic arguments did their expression change.

How do I navigate this.

Unreasonable = neighbour
Not unreasonable = tenant

I highly doubt that eviction proceedings would have any impact on their visa status.

It’s likely they won’t go on their proposed leaving date given the previous lies. Start the section 21 and tell them they’ll be getting a shit reference due to their anti-social behaviour.

@Applecart12 take the advice as above and in future be very choosy with who you let to.

Have a strict criteria and only rent to people who you want in the property. Don't be bullied by your letting agent.

Good rental properties are like gold dust and you can afford to cherry pick the best tenants.

You can be a good landlord without being a doormat.

Serve the section 21 notice asap
If they do not cooperate it could take months to get them out so the sooner the better

I can't believe you inflicted these awful people on their neighbours for an entire year! Start the eviction process asap.

I'm a LL and I'd serve a section 8 not section 21. Section 8 covers anti social behaviour to neighbours, breaking tenancy agreement, e.g. subletting. You could ask the neighbours to write a letter to support your claim and your Agent too. It's quicker than a section 21 as it's seen as more urgent. Also it means another LL would know they were bad tenants and so not house them. This is a more honest approach otherwise you just pass the problem on to another LL and other neighbours.

Contact Mark Dawson from AST Assist. He's an eviction specialist and is highly recommended by many landlords.

They will stay until you force them to go. There is no benefit to you of further delaying the s21

Why haven’t you served the section 21? You can’t do anything until you’ve served them that and the notice expires, and even then it takes ages to shift them. You should have served sec 21 when the contract ended.

honestly, if these people were my neighbours, I’d be blaming the landlord for not booting them out. You need to get clued up on your rights and responsibilities.

@Applecart12 you should have taken steps to evict when you first found they were subletting. that is not usually permitted on any landlords lease and is a valid reason for eviction. as a landlord you need to not be quite so soft.

This do it now and get them out

100% this!

This. Be prepared for a battle, and a lot of unpaid rent.

Did you ever issue s21 notice before the end of ftc? If not it moves onto a rolling periodic contract so you need to do so asap. Why would it affect their visa?

Start being a landlord...section. 21. If you can't deal with this let the agents do it.

They probably have no recourse to public funds but unless they have criminal convictions, I doubt it would affect their visa. They most certainly should not get a good reference from you/ the agent.

Serve them asap new agent to

Post through their door in hardcopy

EPC
All Gas safety certificates
The October 2023 version of the How to Rent Guide.

The next day, post a Section 21 notice (Form 6a, you can find it online) give them 2 months to leave. After 2 months issue court proceedings using form N5b. You will need to pay £355.

@Notanevillandlord but you don't know who will/wont be a good tenant. Meeting them is no guarantee. Being a brilliant LL is no guarantee, it's sheer bloody luck.

@AhBiscuits why the hard copies through the letterbox?

And can you do the N5b after a section 8 eviction?

The how to rent guide must be given in hardcopy, unless there is prior consent for email, and they will need the latest version before a notice is served.
The N5b has boxes to fill in with the dates various documents were given and it's just easier if you can say for sure 'I hand delivered a hardcopy on 15th January' No doubts.

Section 8 for antisocial behaviour is a discretionary ground and the judge will only approve it if there's strong evidence of a serious breach of the tenancy. A non-fault section 21 is just easier. If the documents are in order, no hearing needed, it'll get rubber stamped.

Bit late. These have to be handed over in the first month, and confirmation that the deposit is on a protected scheme - were they? If not the tenant could sue you for up to 3x deposit and s21 is not valid.

Nope, they just need to be given before a section 21. You're right about the deposit though, they should have had the prescribed information within 30 days of the deposit being paid.

Source: I'm a property lawyer.

You can serve a Section 8 alongside a Section 21 just incase the Section 8 fails. We did both and our Section 8 was successful.

This 👆

I'm selling up as the useless tenants far outweigh the decent ones.