How can a landlord deal with nightmare tenants?

eviction, landlord
Jan 22 | 2020
Some of you may have read the article in the Mirror regarding a landlord from Bridgend in Wales who was left almost in tears because a tenant had trashed his immaculate home. If you haven't had read it yet, you can here. This is a very sad, but not unusual story.  We have heard of many landlords suffering similar issues. For example, one tenant in Cardiff took off all the internal doors for firewood, and took up the wooden floor for the same reason. Another landlord in London had their immaculate home trashed because the tenants used it to grow cannabis.

How can landlords prevent tentants ruining their homes?

Most tenancy issues are preventable if a landlord takes initial steps to avoid a nightmare tenant before the tenant moves in. The first thing a landlord should do, is obtain references from previous landlords, and if possible employers. Obtain bank statements to check that the tenant has the means of paying the rent.  If a tenant asks to pay 6 months upfront, it can be tempting, but sometimes it is because they want to be 'left alone'.

You should always ask "why"?

On one occasion a landlord rented out a central London property to tenants who claimed they could afford it, despite the fact that their employment status just simply did not add up.  If your instinct tells you something is wrong, it probably is. After confirming the tenants' means to pay, make sure your agent is chosen well. Ask yourself; are they agents who will take the commission, but fail to keep you up to date on rental payments, or fail to attend and complete inspections. If you are holding a license and you may not have an agent representing you, then ensure that you attend the property for inspections, that you keep an eye on the rental income and when the tenant falls into arrears, you take immediate steps (this could be an initial telephone call, or a letter, establishing the reason for the arrears). Just please do not let the situation deteriorate. If you find there are any issues, then attend a housing Solicitor (Landlord and Tenant Lawyer) and they will explain what steps you should take to ensure you are not dealing with nightmare tenants for more than one day more than you need too. We always believe that most 'nightmare tenants' can be avoided.  It is all to do with preparing the tenancy, managing the property and then getting the right advice at the outset.  The longer you allow the problem to go on for, the bigger the issue will be.  If you require advice, then please ring our team, they will  be happy to direct you with initial FREE advice.      

ELDERLY TENANTS LIVING IN DAMP CONDITONS.

eviction, housing, landlord
Jan 17 | 2020
It is estimated that there are 250,000 pensioners living in damp or unfit rental properties. They often do not know where to go to complain, or whether they can complain at all. The fact is, that all tenants have a right to live in a safe, happy and peaceful environment.  They should not worry about 'what if I make a claim, can my Landlord evict me'.  Tenants are protected in law. The Housing Act states that a tenant must live in a property where all the essential services (gas heating water etc) are in a good working order.  That the fixtures and fittings should be in a good state of repair.  The There are Agencies where tenants, including elderly and vulnerable tenants can go for free housing advice.  Not many housing solicitors who specialise in Landlord and Tenant legal problems, offer free landlord and tenant help, but at Newbold Solicitors we provide NO WIN NO FEE on disrepair claims.

How do I evict a tenant in the UK? [All Your Questions Answered]

eviction
Aug 20 | 2019
Learning how to evict a tenant from your UK property can take time, and requires you to follow a very specific process. The process for obtaining eviction is different depending on where the property is located.  England and Wales have a very different process, so does Ireland and Scotland. Some Landlords serve an English Section 21 on a Welsh property and vice versa.  It can create issues when you are trying to obtain vacant possession.  The requirement under Rent Smart Wales is different to the England regulatory requirements. If you are unsure what procedure to follow, then please download our possession guide (Section 8 & 21) or call one of our team who will make sure you are following the correct procedure.  Mistakes really do cost lost rental income and it is simply not worth guessing the procedure or trying to find it by completing internet searches.  You do need an expert because the law is so complex. So, please make sure you give us a call and we will guide you through the complex process making it as stress free and jargon free as possible. Here are the questions we are going to answer (we’ve also included links so you can go straight to a specific question):   How do I evict a tenant? What is the eviction process for a non-paying tenant? What is a section 8 notice? What is a Section 21 notice? Can I write my own tenancy (section 21) notice? Which Section 21 notice do I serve on my tenant who lives in England? Which Section 21 notice do I serve on my tenant who lives in Wales? How do I serve a notice of eviction? Do I need to report the eviction of a tenant? Can a tenant appeal against eviction? Can a tenant sue a landlord for eviction? Who pays for the cost of evicting a tenant? Is it possible to claim eviction fees back of the tenant? Can a landlord ask if a tenant has a criminal record?  

How do I evict a tenant?

The exact process for eviction rests upon the terms set out in your tenancy agreement. There are a number of different tenancy types, so please read below to make sure that you are adhering to the right process for eviction.  

Assured Shorthold Tenancies

There are two types of assured shorthold tenancies; ‘periodic’ tenancies - these run week by week or month by month with no fixed end date fixed-term tenancies - these run for a set amount of time (source: gov.uk/evicting-tenants) If you have either of the above shorthold tenancies, you must follow these three steps.
  • Serve your existing tenants with a Section 21 notice. This will notify them of your intent to take your property back at the end of the agreed contract. However, if your tenant has broken the terms of the agreement, you will need to serve them with a Section 8 notice instead.
  • If your tenant(s) do not leave by the specified date shown on the S21 notice (or in the case of a S8 rent arrears case), the rent is still owed, you will need to apply to the court for a ‘Standard Possession Order’. If there is no unclaimed rent, then you can apply to the court for an ‘Accelerated Possession Order’ instead.
  • Once a Court order is made, and if the tenant remains at the property, you may apply for a ‘Warrant for Possession’ to allow bailiffs to remove the tenants.
 

Excluded Tenancies or Licences

If you have an excluded tenancy or licence (this can come in the form of a Lodgers Agreement), then you do not have to go to court to evict them. An example of this is when they live with you (the landlord) as a lodger. In this situation, you will need to provide the tenant with ‘reasonable notice’ to quit – this notice does not have to be given in writing, although it is always advised. Reasonable notice usually refers to the length of the rental payment period (i.e. if they pay weekly, then a weeks’ notice would be reasonable). – It is always advised though that you discuss this with a legal professional before to make sure that you are providing reasonable notice – you can do this by giving us a call on 0330 127 1687. After the reasonable notice period has ended you may then change the locks of their room (or the property) even if their belongings are still in there.   You must get advice from an expert before you dispose of personal items belonging to a tenant under the Interference of Goods Act.  If you are unsure what to do with tenants belongings that have been left at the property following a tenant vacating, you should call us on 0330 127 1687 for further advice and assistance.  

Assured and Regulated Tenancies

If your tenant begun their tenancy agreement before February 27th, 1997, they may have an assured or regulated tenancy. If your tenant has this type of agreement, then the best course of action would be to directly speak to one our experts, who will be able to give you the most accurate information.  

What is the eviction process for a non-paying tenant?

As with the question above, the eviction process depends on the terms of the tenancy agreement. If you are going to evict your tenant, make sure you double check the agreement type before you take action.  

What is a Section 8 notice?

A Section 8 notice is a written notice to your tenants to inform them of your intent to evict them from the property. A section 8 notice is given to tenants in cases which aren’t as a result of the contract naturally ending. Instead, it is given for reasons such as; rent arrears, damage to the property or antisocial behaviour.  You cannot evict until a Court order is obtained, and the Tenant could counterclaim against the landlord if they feel they have valid claim.  

What is a section 21 notice?

A Section 21 notice is a written notice to your tenants that informs them of their eviction. This could either be due to the ending of their fixed term contract, or during the course of their ‘periodic’ tenancy agreement (no set end date). It is named ‘Section 21’ because of its inclusion within the 1998 Housing Act. If a tenant vacates following the expiry of a valid S21 notice,  you may not need to obtain a Court order, but it is imperative you obtain legal advice before recovering possession.    

Can I write my own tenancy (section 21) notice?

You can. However, we strongly recommend that you speak to us beforehand as mistakes will cost you thousands in lost rental income. Serving notice, must be done in writing and you must explain that the notice is being served under Section 21 of the Housing Act 1998. There are different notices depending on where the property is located.  If you have any queries about which notice to serve, you should speak to one of our team.  

Which Section 21 notice do I serve on my tenant who lives in England?

In England, use form 6a if the tenancy was started or renewed after 30 September 2015. You can also write your own Section 21 notice.

When you cannot use a Section 21 notice in England

You cannot use a Section 21 notice if any of the following apply:
  • it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this
  • the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
  • the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme
  • the tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it
  • the council has served an improvement notice on the property in the last 6 months
  • the council has served a notice in the last 6 months that says it will do emergency works on the property
  • you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019
You also cannot use a Section 21 notice if you have not given the tenants copies of:  

Which Section 21 notice do I serve on my tenant who lives in Wales?

In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998.

When you cannot use a Section 21 notice in Wales

You cannot use a Section 21 notice if any of the following apply:
  • it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this
  • the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
  • the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme
  • the tenancy started after November 2016 and you do not have a landlord licence.
  • You have not registered yourself as a Landlord under Rent Smart Wales
  • You must have a gas safety certificate and an EPC
 

How do I serve notice of eviction?

When you are serving the notice, you must prove that you handed the notice to them on a specific date. One way you could do this is by writing “served by [your name] on [the date]” on the notice.  We always suggest obtaining a proof of posting from the Post Office, or  hand delivering and then asking your tenants to sign.  A notice should be served upon all tenants at the property  

Do I need to report evicting a tenant?

No. You are not obliged to report the evicting of a tenant. However, if you have served a Section 21 notice (or Section 8 notice), and the tenant has refused to leave, you will need to follow the steps outlined in the question above “how do I evict a tenant?”  

Can a tenant appeal against eviction?

Yes, a tenant may appeal against eviction. A tenant may ask the court to stop the bailiffs by using form N244 to explain their rationale. This may include proof as to how rent arrears will be paid in the future (if the tenant owes less than 2 months rent arrears both at the time of serving the notice and at the time you attend Court), or how circumstances have now changed (such as an antisocial family member leaving the property). Some grounds in the S8 notice are mandatory (in that the Court has little discretion other than make a court order) and some are discretionary. In this situation a court may suspend the bailiffs warrant, so long as the terms set-out in the suspension are adhered to. A tenant may also ask for a change to be made to the possession order, which would be done at the same time as the request to suspend the bailiffs warrant. The only defence that can be raised for a S21 notice, is a technical one (because they disagree that you have followed the correct procedure).  With a S8 notice and the standard possession application, a tenant can counterclaim if they believe the Landlord has breached a term of the tenancy agreement, or has failed to comply with complex regulatory requirements.  

Can a tenant sue a landlord for eviction?

If the eviction is deemed illegal (the correct procedures have not been adhered to) then a tenant can take a number of steps. These include:
  • contacting the police
  • contacting the council for advice and support
  • applying for an illegal eviction injunction
  • making sure they get their belongings back
  • taking action to get their deposit back
  • applying for compensation
  • making an application to return to the property and/or stop the landlord from threatening or harassing you.
Some Landlords have stopped essential services (gas, electricity or water) to the property to force a tenant to leave, but this is considered a breach of the tenants covenant of quiet enjoyment and if the Court agrees with the tenant, it can result in a huge claim against the landlord by the tenant. It is important that as a landlord you strictly follow legal guidance and the process for evicting tenants to avoid this situation.  

Who pays for the costs of evicting a tenant?

There are fixed costs that the Court will order the tenant to pay to the Landlord.  If there is a defence filed, the Landlord can claim standard costs. Some of the costs you may incur are:
  • Eviction Notice
  • A standard County Court Fee
  • Possession Claims Fee
  • Bailiff Fee
To make sure that you get the best possible representation and best value for money, make sure you speak with us today.  

Is it possible to claim eviction fees back of the tenant?

Yes, but it is highly unlikely. It largely depends on the nature of the eviction. If a tenant is in arrears and cannot pay rent, then the ability to get any of your costs covered will be slim. In this situation it is once again advisable that you seek professional legal advice in order to properly understand your rights and obligations. You can do so by calling 0330 127 1687.  

Can a landlord ask if a tenant has a criminal record?

Yes they can. However, there is no legal obligation on private landlords to check whether potential tenants have unspent criminal convictions. You will find that numerous insurance providers require policyholders to notify them if anyone living at the property has a criminal record, so you need to know whether your tenant has an unspent conviction to ensure that your buildings insurance remains valid. Some insurers will refuse cover if someone with a criminal conviction is living in the property, and others may increase the premium.  

What next?

As you can gather, the tenancy eviction process is pretty complex and there are many subtle terms and conditions that you need to be aware of. Luckily at NewBold Solicitors this is what we are here to do. We can talk you through the legal wording and obligations you have to follow and ensure that together we make the process of tenancy eviction as straight-forward as possible. Make sure you give us a call on: 0330 127 1687 or email: housing@newboldsolicitors.com

Please note:

The law is complex and is ever changing, sometimes your issues may not fit generic advice.  So the advice given above should be followed only after taking your own independent legal advice.

Some extra reading

Here is a good guide from the government concerning tenancy and eviction. https://www.gov.uk/evicting-tenants

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