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.

TableFlowerss Millions is stretching it somewhat, there are only 2.5 million in the entire PRS. But yes, it's true that the majority have one house, the reason being that many are accidental LLs. And these are the ones who are most vulnerable to life getting in the way. If they can't run that one house like an organisation would, they shouldn't be in the business.

Have you protected their deposit? Did you serve them with the prescribed information at the time? Do you have an up to date electric survey? Do you have an up to date epc certificate? If not then the section 21 notice is invalid, also if you didn't re protect the deposit when it moved over from fixed term to periodic or if you didn't reportedly the deposit within 30 days of them signing a new fixed term length. Section 21 is invalid.

You'll probably have to go to court as if they need to go into council accommodation they can't be seen to have made themselves 'intentionally homeless' ie not removed by bailiffs.

There is a massive backlog of court cases so it'll take a few months to get a date and if the tenant can prove it's not been served properly the judge will throw it out, make you serve it all properly and then you can try again.

@TableFlowerss

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 😃

I thought that until I had tenants who wrecked the place. 2 out of 3 sets of tenants treated the place like they could do anything they wanted - including letting water from the bath cause the ceiling in the room below to collapse.

Oh, and they wouldn't let anyone in to do the EICR, the updated EPC and the gas certificate, all of which became due in the last 6 months of the tenancy

OP I agree some tenants can be a pain in the behind

Our tenant wanted us to come round and change a lightbulb (normal ceiling height). Have been told to keep bathroom window ajar when having a shower to stop damp but don't and complain of damp. Have a habit of running 10 electrical items off 1 plug with 2 extension leads (loads of plugs as house just rewired - yes all electrical checks signed off) and tripping the fuse. Not putting rubbish out in the bin and then complaining foxes get into it and expect me to clean up. Got to the point it just wasn't working.

I’m sure they’ll start firing through them faster now the covid situation is almost over

Average was 29 weeks pre covid, so about 7 months. And that's 29 weeks after the section 21 expires.

For those asking about if a LL can ever get their property back, just because they want it back, yes they can, as long as they go about it in the right way and know it can take a good while. So they need to plan ahead and not expect possession within a short timeframe.

Contracts specify the first point at which notice can be served. From then notice can be served as a non-fault notice.....simply the LL requires the property back. The notice period is currently 6 months from the point the notice is served, soon to reduce to 4 months. The tenant is fully entitled to be there until the last day. And if they don’t go then, the LL can start legal eviction proceedings, which as has been said can take months or more than a year. Most will go at the end of the formal notice period and not require eviction proceedings, but a number do remain.

LLs do have to think carefully about evicting a paying tenant, if they plan to re-let. Firstly there is the uncertainty if exactly when they will go and then there are significant costs involved in changing tenant. Usually a property will need a level of decorating or work to get it up to re-letting standard, especially if current tenants have been there a while. This is costly. Paying the agent to advertise and get a new tenant and the draw up tenancy agreement is expensive. The property will be empty so not earning rent for a while before a new tenant moves it. That’s expensive.

So many LLs put up with ‘rather annoying tenants’ if they pay on time. They recognise the positives of this and accept few tenancies are without some downsides. Being a LL requires effort and LLs have to expect that and that it can take various forms and dealing with annoying people or those who are a bit rude or seem to make contact too frequently is one of the things you have to do to earn your rent money. Or you pay the agent to take some if that on. Many weigh the costs of evicting and costs of getting new tenants who might not be better and might well be worse and decide to stick with the ones they know.

Op will have to weigh all those factors and make a decision. On reflection she might decide that the tenants are actually not so bad. She might decide that part of her job as LL is responding to them and sorting things out speedily. Or not.

You can look it up online and see exactly what you have to do (and must not do) and what your legal position is.

You can also download/print examples of the forms you need.

Follow the legal requirements exactly . If you mess up your tenant will stick like glue, then you'd have to go to court (costs time and money).

@cheshirecat99
I agree. If my builder has availability, rental property always gets priority. Life is better if tenants are happy. However finding trades in Central London is a nightmare, hence the letting agent telling me that the benchmark was what I would do in my own home. At one point I suggested to an American tenant that he ask his colleagues, and get them to confirm that there should be a sign at Heathrow warning about the impossibility of finding a good plumber. (I’ve given up and just pay the £160.00ph + VAT that Pimlico Plumbers demand.)

My guess is that OP is trying to do things on the cheap. The contractors the letting agent use are too expensive, the tenant is too demanding.

I have been doing this for a (very) long time, and one certainty is that if you want a tenant to look after a property you need to as well. Good trades, good appliances etc, will cost more but work should last longer and pay for itself in the end.

My advice to OP. Either accept that you won’t be making what you hoped, or sell. At minimum join the NRLA and keep up with legislation. Being a landlord has become increasingly complex and expensive. I think the days of the small amateur landlord are numbered. Pension funds and other corporates are moving in and the Government is encouraging them. Whether this is good for tenants or not remains to be seen.

[quote Freecuthbert]@TableFlowerss

It might be her house, but it's her tenants' home. [/quote]
This. Honestly if people can’t grasp this then they have no business being landlords.

Tenants who’ve lived there for years, paid on time and looked after your property? Yeah, definitely sounds like they deserve to lose their HOME. I actually feel sick reading this thread.

@Covidmum20

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.

It sounds to me as if you don't really understand your legal obligations to the tenant ( or, the tenants' legal rights). But your tenant very likely does, that's why they are trying to get you to act. . So you'd better catch up quick.

There are umpteen free websites and organisations spelling out everything you need to know; tenants rights, LL obligations, how to legally start and legally end a tenancy in various circumstances. The rules vary depending which UK country you're in so make sure you look at the right ones.

@loveisagirlnameddaisy

TableFlowerss Millions is stretching it somewhat, there are only 2.5 million in the entire PRS. But yes, it's true that the majority have one house, the reason being that many are accidental LLs. And these are the ones who are most vulnerable to life getting in the way. If they can't run that one house like an organisation would, they shouldn't be in the business.

Ok so say all the ‘accidental LL’ were forced to sell their properties and evict their tenants? Then what? Who would take them in? Because the social wouldn’t... so the waiting listed would be even longer? No?

@Svalberg

I thought that until I had tenants who wrecked the place. 2 out of 3 sets of tenants treated the place like they could do anything they wanted - including letting water from the bath cause the ceiling in the room below to collapse

I agree but this detracts from the narrative that it’s only LL that are dicks and only business LL should be allowed to rent out property....( yeah course that’s going to happen )

@TentTalk

I’m sure they’ll start firing through them faster now the covid situation is almost over

Average was 29 weeks pre covid, so about 7 months. And that's 29 weeks after the section 21 expires.

I’m sure it’ll be even faster now

@UrsulaMonkton

**This. Honestly if people can’t grasp this then they have no business being landlords.

Tenants who’ve lived there for years, paid on time and looked after your property? Yeah, definitely sounds like they deserve to lose their HOME. I actually feel sick reading this thread**

Whilst it would be lovely to think that LL put their tenants at top of their pecking order and that rainbow-dash will save the day..... back in the real world LL have families too.

I’m sure most wouldn’t want to evict a tenant if avoidable but this is part and parcel with being a tenant. It’s shit of course, but equally it’s the not the LL fault their tenant can’t afford their own mortgage.

Absolutely Table all those landlords doing it out of the goodness of their heart and their civic duty, making sure to charge extortionate rents on overvalued property with so many of them willing to repair properties in a timely manner just to show their tenant that's it's all done out of compassion

@JustAnotherPoster00

Absolutely Table all those landlords doing it out of the goodness of their heart and their civic duty, making sure to charge extortionate rents on overvalued property with so many of them willing to repair properties in a timely manner just to show their tenant that's it's all done out of compassion

Some are absolutely dicks, that- there is no doubt. But like any other business, they aren’t emotionally attached. At the end of the day, if someone will pay what ridiculous price they’re asking, well so be it.

So OP - about those contractors you use are they all CDM compliant and carrying full PL insurance?
Have you wondered why they are so cheap?

Your attitude is awful OP! Pee here are taking the time to try and help and you're just being petulant in response to perfectly natural questions

*People

I wouldn't evict you wont win and they could be in there a long time, if theyve been there over 2 years regardless of covid have lengthy rights. You might not like they way they are speaking to you or lengths of time but at the end of the day, you have to fix in a reasonable time and be courteous , it's their house currently and you contractually have to fix it.

Ok so say all the ‘accidental LL’ were forced to sell their properties and evict their tenants? Then what? Who would take them in? Because the social wouldn’t... so the waiting listed would be even longer? No?

Most tenants would simply find another rental but the net impact of more properties being sold will be fewer people in private rented which will benefit renters in the long run.

@Beeeeeeeeeeeeeep

Ok so say all the ‘accidental LL’ were forced to sell their properties and evict their tenants? Then what? Who would take them in? Because the social wouldn’t... so the waiting listed would be even longer? No?

Most tenants would simply find another rental but the net impact of more properties being sold will be fewer people in private rented which will benefit renters in the long run.

But there wouldn’t be as many properties available to rent out, so rentals would be more expensive as a consequence (demand outstrips supply). If anything it will make it harder for renters.

Houses rarely go down in price regardless, so if people can’t afford to rent now, they’re still unlikely to be able to afford to buy if there are fewer rental properties

buy now I mean

Go straight onto the NRLA website. Extremely good advice, templates for letters etc. They are experts.