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.

But op won't say why she wants to evict these tenants, which is why people suspect they've actually done nothing wrong

———————

Can’t a landlord just decide they don’t want to rent their property out any longer? Perhaps they’re circumstances have changed and the might want to see it. They might have a family member about to be made homeless so want to offer it to them? (Genuine question)

sell it

@TableFlowerss

At the end of the day, you’re not responsible for someone else. If you decide you want to sell YOUR house, for whatever reason YOU chose, that’s absolutely fair enough.

All this two years crap is crazy. What would they do if you didn’t pay the mortgage and the bank repossessed it anyway?! Pretty sure a bank wouldn’t have to wait 2 years if someone didn’t pay their mortgage!

What if a could split up and need to sell the house they rent out? It’s crazy they have to wait that long. 3 months notice test should be adequate.

It’s like one of those crazy laws that would allow trespassers to break in to and live in someone’s house whilst they were on holiday and the owner could do fuck all about it and have to wait months and nights at their own expense before they can get them out....

This attitude is the reason small landlords are getting their arses whipped by govt who want to transfer the whole BTL sector to the corporates.

As much as I am in favour of a private rental sector, it can't be one where people live in fear of losing their home to the whim of a small-time landlord. I am a LL but I will never need to evict a tenant for financial reasons. I am completely solvent and not reliant on the next month's rent being paid. If repairs need doing, they get done. I comply with all regulations and behave professionally. Landlords who are too reliant on rent, who need their houses back at a moment's notice or can't behave professionally should not be in the sector.

@TableFlowerss

OP hasn't said she would like to move back into the house herself, has she? No, she wants to evict her tenants because her feelings are hurt but is too defensive to explain why, which is ridiculous. It is still the tenants' home.

@TableFlowerss

But op won't say why she wants to evict these tenants, which is why people suspect they've actually done nothing wrong

———————

Can’t a landlord just decide they don’t want to rent their property out any longer? Perhaps they’re circumstances have changed and the might want to see it. They might have a family member about to be made homeless so want to offer it to them? (Genuine question)

Oh right. Well, if you're talking generally; yes, I agree. I thought we were still talking about op .

@loveisagirlnameddaisy

I wish more landlords were like you. I was made homeless when in my third trimester of pregnancy because a landlord didn't want to replace a condemned boiler so instead chose to leave me without a home. And now I'm stuck with another shit landlord who leaves me to live in really poor conditions. I've always paid rent in full and on time, taken care of the property etc, but have always been with awful landlords

**This attitude is the reason small landlords are getting their arses whipped by govt who want to transfer the whole BTL sector to the corporates.

As much as I am in favour of a private rental sector, it can't be one where people live in fear of losing their home to the whim of a small-time landlord. I am a LL but I will never need to evict a tenant for financial reasons. I am completely solvent and not reliant on the next month's rent being paid. If repairs need doing, they get done. I comply with all regulations and behave professionally. Landlords who are too reliant on rent, who need their houses back at a moment's notice or can't behave professionally should not be in the sector**

@loveisagirlnameddaisy

Well good for you that you’re in such a position. Some people might think they’re in a great position financially then lose their job so can’t afford to pay the rent if they’re own mortgage so they might need to sell the one they rent out.

The only landlords who make a proper living from it are the ones that have several properties and run it like a business!

[quote Freecuthbert]@TableFlowerss

OP hasn't said she would like to move back into the house herself, has she? No, she wants to evict her tenants because her feelings are hurt but is too defensive to explain why, which is ridiculous. It is still the tenants' home.[/quote]
It’s her house though, so she should be able to....

As long as she gives notice etc...

Can’t a landlord just decide they don’t want to rent their property out any longer? Perhaps they’re circumstances have changed and the might want to see it. They might have a family member about to be made homeless so want to offer it to them? (Genuine question)

Yes, they can, after the fixed term of the tenancy has expired (usually 1 year). They need to issue notice using a section 21 notice (or section 8, ground 1, if it is the landlord who needs to live in the property as their main home), just as OP has been advised. Currently the notice period is 6 months, normally it is 2 months. Once the notice period has expired, if the tenant refuses to leave (not that common), they would have to take the tenant to court to get an eviction notice. Usually it would take about 6 months but at the moment it is likely to take years because there is a backlog.

@TableFlowerss

You can sell with sitting tenants, don't need to evict.

@TableFlowerss

So if someone is upset, they should just be able to evict people from their home?

@TableFlowerss

But op won't say why she wants to evict these tenants, which is why people suspect they've actually done nothing wrong

———————

Can’t a landlord just decide they don’t want to rent their property out any longer? Perhaps they’re circumstances have changed and the might want to see it. They might have a family member about to be made homeless so want to offer it to them? (Genuine question)

Yes, they can, provided they give the tenant the legally required notice. Currently 6 months, unless they are within a fixed term tenancy which gives the tenant extra protection. If the tenant refuses to leave you must go to court to evict, currently taking up to 2 years with the backlog. Only a court can actually end a tenancy. A section 22 is a notice asking you to vacate. Most tenants leave by their end date with no fuss, but they don't have to. Any council, or homeless charity will always tell you to stay put until actually evicted if you have nowhere else to go.

@TableFlowerss

**This attitude is the reason small landlords are getting their arses whipped by govt who want to transfer the whole BTL sector to the corporates.

As much as I am in favour of a private rental sector, it can't be one where people live in fear of losing their home to the whim of a small-time landlord. I am a LL but I will never need to evict a tenant for financial reasons. I am completely solvent and not reliant on the next month's rent being paid. If repairs need doing, they get done. I comply with all regulations and behave professionally. Landlords who are too reliant on rent, who need their houses back at a moment's notice or can't behave professionally should not be in the sector**

@loveisagirlnameddaisy

Well good for you that you’re in such a position. Some people might think they’re in a great position financially then lose their job so can’t afford to pay the rent if they’re own mortgage so they might need to sell the one they rent out.

The only landlords who make a proper living from it are the ones that have several properties and run it like a business!

People who can't afford to landlord SHOULD sell the property. Ideally with tenant in situ. The only people who should be landlords SHOULD be professionals who run it like a business and can cover the costs of maintaining the property properly and don't need to evict tenants if they get divorced.

@TableFlowerss - but that's my point - people who are so precariously organised that they need to sell a rental just to survive shouldn't be in the business. These are people's homes we're talking about.

[quote Freecuthbert]@TableFlowerss

So if someone is upset, they should just be able to evict people from their home?[/quote]
It’s not ideal but I’m taking about general circumstances, when the LL circumstances have changed, lost job, separated. At that point they might need to sell...

People who can't afford to landlord SHOULD sell the property. Ideally with tenant in situ.
The only people who should be landlords SHOULD be professionals who run it like a business and can cover the costs of maintaining the property properly and don't need to evict tenants if they get divorced

But successful business partnerships can dissolve and go bust so that’s not necessarily a given either

I'm currently in the process of evicting a tenant, he hasn't paid the rent for over 14 months now, the flat has been ruined and quite frankly I can't wait for the day he leaves and I can wash my hands off him.
The law is certainly on the side of the tenant and it is proving to be a very drawn out and expensive process.
I can only suggest speaking to the letting agents and using their legal department to start the ball rolling

If your tenant has been there a long time, you probably have no idea of the expense now to change tenants. I get what it is to have PIA tenants... As in saying things don’t work when they’ve switched the mains off, reporting leaks from the bath when they’ve washed big dogs in there and causes the leak etc.

I have a contractor myself, who the agent or I instruct to carry out most or my repairs and upgrades. He is ace at managing these people. When he’s not around, I pay the agents eye watering rates. But needs must. I’m not going to be leaving the place in disrepair.

You should be managing expectations of your tenants and making repairs in a timely manner. As for going with a newborn, that was bonkers. If you can’t afford to pay the agent contractor rates for one offs like this, you can’t afford to be a ll. You could really regret kicking out tenants, who pay on time and don’t trash the place.

If a new tenant decides not to pay, I hope you have deep pockets. It will cost you the rental figure plus £2.5/3k in solicitor fees / court costs minimum to kick them out plus whatever rental figure every month. And if they refuse to budge, you’re perhaps talking 2 years rent free on top. You do the maths. And then there’s potential damage on top.

[quote loveisagirlnameddaisy]@TableFlowerss - but that's my point - people who are so precariously organised that they need to sell a rental just to survive shouldn't be in the business. These are people's homes we're talking about.[/quote]
You do realise that’s millions of landlords don’t you? Most LL don’t have several properties, they have one. All is fine unless they lose their own job etc, then things go tits up. They say most people are only a couple of payslips away from being homeless.

It’s very weird that OP won’t say what the unreasonable time frame the tenants want repairs done in. I can’t imagine why she doesn’t want to say...

@TableFlowerss

**People who can't afford to landlord SHOULD sell the property. Ideally with tenant in situ. The only people who should be landlords SHOULD be professionals who run it like a business and can cover the costs of maintaining the property properly and don't need to evict tenants if they get divorced**

But successful business partnerships can dissolve and go bust so that’s not necessarily a given either

It's more secure than landlords like the OP who are emotionally attached to their property and can't comprehend that they might not make profit every month on the rental income and that in fact running at a loss might still mean a profit in the long run as their asset increases in value I despise accidental landlords who can't afford to be landlording and try to cheap out anywhere they can whilst thinking they are doing their tenants the biggest favour in the world

This is why it is in theory a good idea for all rental properties to be provided by the state or organisations. They don't die, divorce, get driven out of the business, need to move house or go bankrupt, all of which can happen to landlords who are individuals. The council won't want to move into your home.

Unfortunately, as we all know, there aren't enough council rentals ( right to buy not replaced, rocketing population) and housing associations are exempt from many of the standards that (quite rightly) apply to private landlords. Electrical safety is just one example.

If they tenants are paying the rent then I’d certainly not make them leave. The only way my tenant would be leaving is if he didn’t pay. Lucky fit me he does, he’s a great tenant and I’m a great LL 😃

@murbblurb

This is why it is in theory a good idea for all rental properties to be provided by the state or organisations. They don't die, divorce, get driven out of the business, need to move house or go bankrupt, all of which can happen to landlords who are individuals. The council won't want to move into your home.

Unfortunately, as we all know, there aren't enough council rentals ( right to buy not replaced, rocketing population) and housing associations are exempt from many of the standards that (quite rightly) apply to private landlords. Electrical safety is just one example.

Yep.