Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Evicting a tenant non payment of rent

33 replies

BluePeterVag · 29/05/2021 20:03

I am helping an elderly friend with his problem tenant. Friend is 84 and rents out some flats. One of his tenants has not paid any rent for over 12 months. Refuses to pay, won’t apply for help without housing benefit to get his rent paid.
My friend has been poorly in the past 12 months, so hasn’t been able to work to get the tenant evicted, plus there has been changes because of the pandemic.
Can anyone advise me on what he needs to do now? Flat is unfurnished, owned outright.

OP posts:
LaurieFairyCake · 29/05/2021 20:08

Go through the process to evict when allowed to

Original poster
BluePeterVag · 29/05/2021 20:09

Do you know what the process is? I have looked online and am getting confused on which forms I need to help him. Section 21 or section 8, and which forms?

OP posts:
murbblurb · 29/05/2021 20:11

England? Sec 21 while you still can as it can't be circumvented if all the legals are in place. Even if they are, your friend will be housing the tenant for free for another year or more : 4 months before you can ever start to apply for possession.

Sec 8 is a possible for non payment but is easily circumvented, and I'm not sure of the current rules on that.

TwoStepsAhead34 · 29/05/2021 20:14

Serve section 8 eviction notice on 1st June - you can do it for 4 weeks notice to quit as they are more than 4 months in arrears.

Has to be section 8 as they have broken the rental agreement by not paying rent.

Don't do it before 1st June as at the moment 6 months eviction notices stand. Until 31st May.

dewisant2020 · 29/05/2021 20:14

I would suggest getting proper legal advice, I've had a tenant who hasn't paid her rent for over 16 months now and we are still going through the legal channels to get rid. It's really hard and the law certainly isn't on the side of landlords

murbblurb · 29/05/2021 20:15

Op, you really do need to get professional help with this, get it wrong and you go right back to the start. Check on status of gas Safe, how to rent, smoke alarms, electrical cert, deposit protection and so on. Don't suppose your friend has legal cover by any chance?

Original poster
BluePeterVag · 29/05/2021 20:16

Thank you @murbblurb urgh I really feel for him. This lad has no intention of paying, and I suspect is taking advantage of my elderly friend

OP posts:
murbblurb · 29/05/2021 20:16

Sec 8 will be a little quicker if you can do it - sec 21 is also allowed. Many landlords use the latter for defaulters as it is more reliable, which is why shelter think there are so many no fault evictions. If your tenant is canny they will ask shelter how to evade a sec 8.

Original poster
BluePeterVag · 29/05/2021 20:19

I am not sure but I will ask. Gas safe has been done, electrics checked within last 8 weeks, deposit is in a the protection scheme, a copy of the How to Rent has been served. Smoke alarms are in.
Thanks everyone, yes it does sound like we need legal advice. It will be worth paying someone instead of getting it wrong.

OP posts:
murbblurb · 29/05/2021 20:25

Yes, I think so. That does sound promising as a start. Make sure you get a specialist in this area, won't be any quicker but it will be right.

HighlandCowbag · 29/05/2021 20:28

With so little knowledge you need legal help. You can serve a S8 and a S21 at the same time which covers both bases so to speak. But you definitely need legal advice to ensure these are correct.

Original poster
BluePeterVag · 29/05/2021 20:39

Thanks all. Going to get a specialist in I think.

OP posts:
serene12 · 30/05/2021 09:56

When my sister had a problem with one of her tenants a few weeks ago, her local council housing department in England were very helpful and of course free

Original poster
BluePeterVag · 30/05/2021 16:58

Thanks @serene12 The tenant won’t engage with housing or social services. No idea why as he is our of work and could probably get help. apparently he swore at a social worker.
He has burnt down the shed that was in the garden of the other flat when my elderly friend was in hospital: it had nothing it it, but he burnt it down. Other tenant is a bit scared of him. But it is worth a call to see what can be done.
He clearly needs help and isn’t accessing it, but he now owes thousands in rent, which we don’t expect will ever be paid.

OP posts:
murbblurb · 30/05/2021 17:02

No,it won't - rent arrears are almost never paid off. I hope your friend has rent guarantee insurance,legal expenses cover and malicious damage cover because this tenant will be there until the bailiffs and that is a lot of time for destruction.

anon12345678901 · 30/05/2021 17:06

I find it really poor that tenants can be like this. You can't default on your mortgage for months without loosing your property, it should be the same for renters. You shouldn't be able to live in another's persons property for free whilst they pay the bills.

Geamhradh · 30/05/2021 17:07

Good luck to your friend.
You won't get the money, and it will potentially take months if not years to get the tenant out. A family member never once received full rent for their property, and then they stopped altogether. It took 16 months after a s21 and even then they went of their own accord. Both were working full time and having holidays abroad, but paying the rent was an optional.

Original poster
BluePeterVag · 30/05/2021 18:58

It is awful isn’t it. I agree that tenants should be protected against rogue landlords, but equally landlords should be protected against rogue tenants. If you don’t pay rent for months, refuse to apply for housing benefits, then you should have to move on.

OP posts:
Seeker0fSun3 · 31/05/2021 10:04

Does your friend have landlord insurance?

Seeker0fSun3 · 31/05/2021 10:05

Who is paying the council tax, because that will need sorting if its not been paid too ?

Original poster
BluePeterVag · 31/05/2021 20:40

No landlord insurance covering rent unfortunately. He is 84 and very old school so went through a broker who apparently said it wasn’t worth it. Clearly it is worth it!
He does have other insurance.
Don’t know about the council tax, someone from the council phoned him to check the tenancy info about housing benefit when he applied for that, but they said the tenant refused to engage with them about it.

OP posts:
Seeker0fSun3 · 01/06/2021 08:37

Have they been completing the self assessment tax for the income earned each yeR with HMRC ?

HollowTalk · 01/06/2021 08:44

@Seeker0fSun3

Have they been completing the self assessment tax for the income earned each yeR with HMRC ?
Why is that relevant here?
osbertthesyrianhamster · 01/06/2021 08:47

@anon12345678901

I find it really poor that tenants can be like this. You can't default on your mortgage for months without loosing your property, it should be the same for renters. You shouldn't be able to live in another's persons property for free whilst they pay the bills.
It takes ages for a lender to repossess a property, too. And BTL landlords are not doing a some magnanimous favour by taking rent in exchange for the property being someone else's home.
JusticeServed610 · 01/06/2021 09:17

An estate agent could have managed this
Regular checks on the property
Regular checks on payments
Assistance with eviction
This obviously costs money - management fees
You could try asking advice from some local ones, but they may recommend a solicitor to start eviction process

Swipe left for the next trending thread