Evicting a tenant

[Covidmum20]

At the moment, this is one possibility of many and I am wondering if anyone can advise me of the legalities here.

Our tenant is good in many ways but is becoming increasingly demanding with regard to both what we do and the timescales in which we can do them, snd it’s causing a great deal of strain and stress.

What is our legal position here? I’m fairly sure we can’t ‘just’ evict - I’m sure I read something about this.

Are you not doing repairs in a timely manner?
Can take months to evict too. Are they really that bad?

Evictions are currently taking up to 2 years. So think really carefully.

If you do decide to evict you need to know when you can evict - what sort of tenancy are they on? Have you completed all the relevant legalities, did you issue the right information at the begining (ECP, tenant rights leaflets, gas and electrical safety checks?) is are the gas and electrical safety checks still valid? Is the deposit protected? Was it protected and the tenancy deposit scheme info given the the tenant within 30 days? Does the tenancy agreement include a UK address for the landlord for the purposes of (the tenant) service notices?

I can honestly hand on heart say we are bending over backwards. I know it’s an emotive topic but I do need factual advice and everything is in order.

Can you give an example of what they are saying to cause you so much stress?

You need to be very careful because this could be seen as a "revenge eviction" if it is simply because they want repairs doing

That’s absolutely what I want to avoid of course freez but I can’t deny it’s causing a lot of upset and there does come a point where relationships break down.

What kind of things do they want doing?

It isn’t what they want doing, it’s the time frame and the way we are spoken to and about.

When is lease up?

You need to go on here, or get an agent to manage it for you so it becomes a business transaction www.landlordforumproject.co.uk/landlord-advice-help/

Are they paying rent on time? Would it be easy to rent out again?
Would you consider paying a letting agent to be a middle person?
Try looking at it from a business point of view.

You can give them notice and you don't have to give them a reason if they either have a periodic tenancy or a fixed term tenancy that has come to an end (or will by the time you have told them they must leave by). I think it's still six months notice due to covid but I believe it is going back to three months soon.

If you answer my questions upthread, I can given you factual advice.

You can serve a section 21 with no need for a reason. As above they have six months currently to leave instead of the usual two months or whatever is in the agreement.

Did they get into rent arrears any all during the pandemic? If so they may find it really hard to rent somewhere else

I have tent

Absolutely everything is in order.

@Covidmum20

I have tent

Absolutely everything is in order.

What type of tenancy? How far in to it? End date?

Our tenant is good in many ways but is becoming increasingly demanding with regard to both what we do and the timescales in which we can do them

What are they asking? If it is something that is your responsibility to maintain as a landlord then you need to fix it and fix it in a timely manner. If it is something cosmetic, like they want a new kitchen because the current one is dated, just say no. If they don't like it, they can give notice.

What kind of tenancy is it? If it is a fixed term AST, you can't do anything until the end of the term if they aren't in breach of their contract and there is no break clause in the contract. If it has become a periodic tenancy or there is a break clause, you just need to give them notice, whatever is stipulated in the contract or the statutory notice period. You need to issue a section 21 notice.

www.nrla.org.uk/resources/creating-your-tenancy/guide-to-contractual-and-periodic-tenancies

Here are the rules on section 21 notices and notice periods:

www.gov.uk/evicting-tenants/section-21-and-section-8-notices

They either simply have unrealistic expectations or they are playing you precisely because they can go directly to you. My advice would be to appoint a managing agent and remove the direct contact element. I would also confirm any conversation you have with them in writing - both by email and letter through the post. If you get proof of posting at a post office that's enough and then you'll have a paper trail. It might also help you achieve some separation if you set up a separate email address for the tenant to use from your personal one and set up a forward to it in case they continue to use your existing email address. You can then ignore their emails amongst person stuff and answer from the other address. Stop answering the phone to them and let them leave voicemails. Then respond in your own time.

If you continue to manage whilst they are there, log the contact you have with any trades people regarding the let property with date, time, what message left, etc. Then you've got full records.

Maybe you need to just remove all emotion and be firm. If the tenant has never owned their own home they may be completely clueless over how long it takes to get certain things repaired/replaced. You could also consider insurance with a tenant call out for emergencies.

You're not alone. Your predicament reminds me of an article I read this weekend.
You might want to check the advice given there:
www.property118.com/letter-to-tackle-persistent-and-unreasonable-maintenance-requests/

Hi, we do have a letting agents managing it.

Minimum notice is two months on both sides: the tenant has been there a long time now.

Thanks for the info re section 21.

Thanks daisy - that is helpful.

@Covidmum20

Hi, we do have a letting agents managing it.

Minimum notice is two months on both sides: the tenant has been there a long time now.

Thanks for the info re section 21.

No it isn't. Due to COVID the law has changed temporarily but it is very unlikely to revert to contract for quite a while yet.

When does the tenancy agreement end? or is it a statutory periodic?

Eek. This is why I have several tubs under the leaks in my kitchen, terrified if I notify landlord of that and the broken oven and other issues I'll be kicked out. I wonder how many other tenants are stuck like this, with issues with housing rather than being seen as a trouble maker or demanding.

Yes that’s why I’m asking on here tent

I am feeling pretty worn out with this. If you could give me the correct info that would be brilliant, if you’d rather not then could we move on?

@GoldilocksAndTheThreePears

Eek. This is why I have several tubs under the leaks in my kitchen, terrified if I notify landlord of that and the broken oven and other issues I'll be kicked out. I wonder how many other tenants are stuck like this, with issues with housing rather than being seen as a trouble maker or demanding.

Now is the time to mention them, its really really hard to evict at the moment! You'll be looking at at least 12 months if not 2 years before you get to court, currently setting dates for Jan 2022.

goldilocks we aren’t talking about the fact things need repairing, obviously stuff happens.

However things do need to have a reasonable timeframe and not resort to threats and unpleasantness when this doesn’t happen.