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Tenany not paying rent due to losing job and now ignoring everyone


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Hi all, just looking for a bit of advice regarding a tenant not paying rent and not answering any letters/ calls / emails claiming harassment and not to contact him.

Tenant lost his job in March 2020, tenant paid reduced rate of half the rent, I then gave him an ultimatum, move out or i go to the courts.

I use a letting agent, the tenant has threatened to report them for harassment if they keep trying to call him, and that they are giving him anxiety/mental health issues etc.

I agreed to reduce the rate in April 2020 to half and served the section 21 on 26th August as he still had no job and I am struggling with the payments. He never left the property and they got advised from the council to stay until he received court order. His ASTA would have ended on 15th December 2020. He stopped paying rent on November 2020 and haven't received anything since. Its looking like the court process is going to take 6-8 months so is there any other way I can get him out? He also has 2 dogs in there which were not part of the tenancy agreement. The property  needs an electrical safety cert as required by law from June 2020 but he wont allow access.  Can I enter the property if it is open, can I move back in, can I cut off the electric/gas?

 

Are there any loopholes I can jump through to get this guy out, the amount is stacking up now, can I sell the house, how would I do that if he doesn't allow access? 

 

Its just crazy im in and out of contract work trying to pay for him to live in my house for free !

 

Any advice appreciated.

 

Regards

 

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Hi Jayvicks

Try Landlord Action. You may have seen Paul on Ch5's Nightmare Tenants TV show, seems to get the job done.

Not sure why you gave them an ultimatum to leave, particularly during a lockdown after they've lost their job? 50% of rent is better than 0%. Usually you would provide notice in line with the AST (minimum 2 months) and then they might leave on more amicable terms. 

Unfortunately you'll have to go through the official process to evict them. Seems like the tenant knows what they're doing and stretching out their stay for as long as possible. Best not to switch off the utilities or force entry as it could go against you in court. As you've gone through an agent, make sure they've protected the deposit and issued the relevant documents (e.g. How to Rent leaflet, EPC, gas certificate if applicable, right to rent). 

If you have existing legal cover or rent guarantee insurance, you should give them a call.

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Thanks DereKT, will check them out.

Yeah i didnt want to give an ultimatum I only said that in November so gave them some time. I also lost my job for 5.5 months of 2020 and so was going to sell the property, IMO half rent, no rent theres no difference over the period. If i accepted half rent then the whole process would have to start again to evict tenant, it doesn't sound like hes getting a job any time soon as cannot drive and I don't believe is actively looking. 

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On 1/6/2021 at 7:26 PM, jayvicks said:

Could anyone recommend a company who specialise in this, who I can use to ensure I do everything properly? 

Try contacting Business Loss Prevention Ltd to help in recovering the lost rent.

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Similarly to Derek I’d suggest P Shamplina and there was recently the NRLA webinar on mediation in such cases and depending on the region your property is in their helpline can suggest a company/advisor that can help . The mediation process should get the parties talking to each other and can cost a few hundred pounds but have faster results than waiting for courts ... 

Good luck! 

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