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Please Advice Tenant not paying rent and council said can't evict him either


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Hi all, 

 

I have joined the forum a while back but not posted anything yet. 

 

I would be grateful if anyone could give me some advice please. I have a tenant that is not paying since February. I have given him section 21, giving him 2 months notice to him to move out of the property. That was supposed to be up on the 31st of May. So he went to the Council and we are now being told that we can not get rid of him and will still have to wait 2 more months after the tenancy has ended which means 2 months after his contracts ends in August. 

 

He have not paid a single penny until now. I am a private landlord my dad and I work together. 

 

I would be grateful for your help and advice please. 

 

many thanks 

 

Mark. 

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Hi Mark 

Firstly, ignore what the council say, it's in their interest for you to provide free accomodation for as long as possible. Speak to a specialist in this field such as landlord action or the landlord group. It may cost you a few quid but will probably save you in the long term.

Good luck

Paul

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Hi Paul @paulrybak 

 

Thank you for your reply. I will look into the Landlord action and the landlord group. We spoke to our solicitor and it's going to cost us £700 to get him out and it's going to take another 30-45 days we were told. There's no way this tenant can afford to pay us. We want to cut our losses and wants him to move out of the property. 

 

Regards. 

 

Mark. 

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Mark Hi,

 

If your tenant has stopped paying rent for more than 2 months you can also serve a Section 8 notice within which if the rent is unpaid for more than this is a mandatory ground for a judge to give you possession, but it will involve expense of going to court.  Landlord action are an effective company if you work with them.

 

A cost effective route, if you still have some form of communication still with your tenant is to explain to them that by being taken to court the tenant will end up with mandatory court fees to pay and also end up with a CCJ which will sit on their credit record for years and make renting of any reasonable property very difficult at best and near impossible at worst.  I have successfully recovered properties for landlords by offering them an amnesty of no pursuit of the unpaid rent if they leave the property in generally good order and hand the keys in by a date 2 weeks or so after the agreement.  On one occasion they were also given £250 towards their moving costs which is outrageous at one level but was a hell of a lot cheaper than court costs, solicitors & bailiffs et al!

 

Once the tenant leaves change all locks and accept what  you are presented with.  You can dramatically reduce your risk of this happening again by using a good letting agent to market your property and find the right tenant and they should also carry out quality tenant referencing which dramatically reduces the chances of bad tenants but also would enable you to insure the tenancy for a modest fee which would mean you would be covered for all unpaid rent and also any court costs and legal fees involved in getting a tenant out.  The cost of this to you would be tax deductible and also a small fraction of the losses you are currently facing but learning from.

 

This may be too late to be of practical use - but I hope not

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It sounds as though you may have given the section 21 notice too early, or it is invalid in some other way which is why the council is saying you need to serve it again. 

 

Tim’s advice is sound in my opinion. Serve a section 8 notice, and a new section 21 (belt and braces) & try and negotiate with the tenant to leave voluntarily using the leverage Tim mentioned. If the tenant agrees to leave early make sure you get a signed and witnessed Deed of Surrender for the property (again belt & braces) to show the tenancy was legally ended. That will make any court action quicker and easier (the tenant will be a squatter  which is a criminal offence in a dwelling house) if the tenant say takes your cash and then re-enters the property. You can download this free from Landlordzone I think. (Make sure all signatures are properly witnessed.)

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