Issue with Tenant

[LandlordDilemma]

Posting here for traffic

WWYD?
I know Landlords aren't well thought of on here so I am honestly wondering what people would do if they were in this situation.
I became a landlord after being widowed in my early 40's, with one primary (SEND) & one secondary age child. I needed monthly income to support my children & I had a capital sum, good credit score & interest rates were low so saving would not have generated enough income to support my family. I also work.
Tenant lost job in Covid & only made part payments to rent, started working again after a period of time). During this period landlords could not inspect, no notifications received from tenant - property was trashed/filthy, tiles knocked off in bathroom now misding so i couldn't put back, leak through ceiling to room below as continued to shower, removed cupboards, drilled holes in windows..... (lots more). Had pets without permission which caused damage other alterations which are terrible without permission which will need fixing.
No payments have been received towards the arrears (3/4 months in value), didn't increase rent as they were struggling. Loaned them money, purchased essentials including bedding after child burnt bed/duvet. (1 child lives in the property)
Rent increased in 2023 as now way off market rate (still way below market % but to get to market rate would not have been reasonable) arrears is still outstanding. Now saying that they didn't agree to the rent increase & disputing receiving notifications even though responded.
Would you Section 8 evict as enough is enough - accept it will cost £7k to bring the property back to the standard but you could rent the property to someone who respects it & pays - Not Being Unreasonable
OR reissue rent increase notifications deduct the payments received from the arrears & leave them in there, living in their own squalor as the property is already trashed - Unreasonable

I would get them out before it gets worse. Sounds like you have been patient to be fair

Evict them. I hope you had landlords insurance.

Filthy dirty lazy tent delinquent tenants don't get any better. Ask on landlordzone forums re section 8s and 21s, you'll get some good advice from landlords, eviction specialists and even some tenants who know the system will chime in.

*rent not tent

Evict. It's their own fault and where they go is their problem.

I would serve a Section 8 and get them out.
Did you serve a Section 13 / Form 4 for the increase? If so he's missed the boat for disputing it. If not, is there still more than 2 months of arrears if the old rent applied?

Absolutely! I would issue an S8 alongside an S21.

If they're hoping for council accommodation then the council will advise them to stay out until bailiff eviction.

I assume their deposit is protected and the correct safety checks (gas etc...) have been carried out?

you will need to get legal advice. You are going to have to evict them and this has to be done properly - one slight glitch in how you word things can cause major issues.

Are you likely to be able to get your money back? ie can you prove what the place was like pre tenants? Do they have assets or regular jobs (that you can do attachment orders against)? If the answers are 'no' then its probably best you serve section 21 notice (ie no fault). Its quicker and harder for them to challenge.

But you need legal advice. And a bad tenant tends to stay a bad tenant in my experience. Good luck

Cut your losses now before the cost ramps up and evict them.

I would have evicted them a long time ago.

Don’t waste your energy on chasing arrears, just get them out, get the property sorted and find better tenants.

I was a tenant for 14 years and although we were treated badly we kept everything shipshape. I once had to pay for a re clean for a pea sized mark on a carpet!
I suspect the tenant has MH issues so be pleasant but firm. You deserve soneone who looks after your property if you have done everything right (gas checks, alarm , no mould).

Did you protect the deposit and provide tenant with certificate? Have you done gas safety inspections each year? Do you have landlords insurance? Plus many more rather important questions before you can even consider section 8 or 21...

You are a widow with children.
financial security needs to be your priority.

• Issue section 8 or S21 And evict them.
• repair the property and re-let.
• stop being so soft hearted. this is a business not a charity.

they are terrible tenants, you have been more than fair already.
it costs nothing to NOT trash a house.
And they can afford pets but not rent 😑

We don't even know if op CAN serve a section 21 yet.

@LandlordDilemma just get the ball rolling for eviction now. does tenant work now? chase them for the debt after eviction too/

Assume that actually most landlords do what legally is required of them and BTW landlords insurance is not compulsory.

OP -evict. Sort out issues and rent to a better tenant. Life is easier then!

Assume nothing. Many accidental landlords don't.

I have been in a similar situation - by the time we evicted our tenant. We are £30000 out of pocket due to unpaid rent, eviction court order, bailiff and locksmith. When we finally had possession of the flat, the dreadful mess she had left the flat in cost us a further £12000 to clear, repair and redecorate. We are now selling. Just so unfair. My advice is to evict as soon as you can. I gave her so many chances as I had so much sympathy with her situation and genuinely wanted to help her. She just lied and abused my sympathy and trust.

She isn't accidental though. She took the active step to become one once she was widowed as a way to increase her income.

This is an awful situation but dealing with tenants and evictions is tricky and will almost certainly be longwinded and mentally draining to manage an eviction. You need help and it would be sensible to join one of those landlord associations or retain a solicitor with experience in landlord and tenant. It will cost a bit but worth it in the long run to get your property back and start anew.

It took us a year with the backlog in the courts and thousands of pounds. We evicted under section.21 and didn’t have to prove anything other than non payment of rent.

Yes everything done properly re how to rent guides, gas check & deposit protection, EICR.
I was just looking for people's thoughts as Landlord's are accused of being horrible people for evicting tenants.
I have been too soft & I know this. I will never see the money & I know that, lesson learnt

I paid dearly for being too soft. I really wanted to help but she honestly took me for a mug! She trashed the place before leaving - she wanted me to evict her in the end to get a council property and we even offered to help move all her stuff. She just left everything behind which meant we had to wait weeks to see if she wanted to collect anything before we could start work on it. It’s been an awful, stressful and exhausting business. Obviously we have no contact numbers for her or onward address.

I am a member of a Landlord body & I understand the process for a Section 21 as I helped someone I know complete a Section 21 in 2022. The thing to do is to avoid an actual court hearing by allowing the judge to grant them up to 6 weeks as part of the Order for Possession rather than actually take it to court. (Judge just reviews everything to check everything is correct but they can only offer a maximum of 6 weeks). It does make it take longer as such but in reality because of the delays in the courts it doesn't. Then Warrant for Possession & wait time for Bailiffs.
The rent is now paid directly by the Council so they will not get any further in arrears.

Sorry my mistake - I think ours was a section 8 that went to court. She just ignored the section 21. It all dragged on for so long. Good Luck OP.