Help evicting tenants who owe 2 months rent

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    Help evicting tenants who owe 2 months rent

    Hi,

    I have 2 tenants who i'm trying to get out of my flat. They were on a 12 month TA but refused to sign up for another term and wanted to go onto a monthly rolling which we agreed. About 6 months ago they started missing rent payments and then only making part payment claiming financial problems that got progressively worse. We decided to issue them with a section 21 which asked them to vacate by early December. We received a unpleasant response from them saying they wouldn't be leaving and we were causing them stress. They also claimed they'd have the arrears sorted by early 2019.

    As of today they are now 2 months behind with their rent and i simply can't see any way they'll pull back their arrears.

    How can i get them out and reclaim my property and get them to pay the money they owe, ideally without incurring huge costs myself.

    Whilst i have signed TA and Inventory i sadly wasn't aware of the need to issue the how to rent guide (i am now!) so am worried this will make life more difficult for me. I hoping the fact they are 2 months in arrears will make the process more straightforward.

    I'm fairly new to the landlord game and still learning so any advice would be very much appreciated.

    TIA,
    Mike.














    #2
    There are two ways to retake possession.
    A no fault eviction (section 21 notice) and an eviction where the tenants have given grounds - like not paying rent.

    If you didn't give the tenant all the prescribed information, your s21 notice isn't valid and you'd have to serve it again (having made sure all of the other pre-conditions are met).
    Then you can go to court and ask for a repossession order.

    When the tenant owes two month's rent, you can serve a section 8 notice on that basis (ground 8) and if they owe two month's rent when it's served and when you go to court, the court should evict them.
    If nothing else, it incentivises the tenant to keep the amount they owe below two months rent.

    The section 8 process (or the non-accelerated form of s21 repossession hearing) allows the court to order the tenant to repay what they owe.

    If you are unsure about what you are doing I would put the matter into the hands of an eviction specialist - it's possible to do everything yourself, but it's stressful and because it's easy to get something wrong, things can go on for a long time.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Serve s8 g8, 10 & 11 TODAY!

      Resolve the issues over s21 and having done so serve s21 also.

      Google-search checklists for s21.

      Suggest you do some training in how to be a landlord.

      Explain verbally to tenants that you feel duty bounds as honourable citizen to inform council of arrears and copy s8 to them. And what "intentionally homeless" will mean over help from council and you'll give no or a full, honest, reference if asked,
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Join NLA/RLA.

        Comment


          #5
          See this thread for encouragement. Tenant can appeal successfully after Possession Order got on mandatory ground 8?
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Originally posted by mariner View Post
            Join NLA/RLA.
            This. And do their core training. This isn't a "game". The stakes are simply too high for that. You're lucky the tenant didn't sign up for another term.

            Comment


              #7
              Originally posted by mikeyw View Post
              They also claimed they'd have the arrears sorted by early 2019.
              What is the realistic change of that happening? What made them fall in arrears and have their financial situation improved?

              Comment

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