Difficult Tenants Not Replying Lack of Rent and How to Evict!

[SSD1000]

Too much information.

SSD1000 how much contact have you had with the tenants since 1st January?

I have had dribs and drabs
I typically contact them through whatsapp as I did go to them and knock on the door about the rent arrears in May to the point the ladies other son came out and offered to pay towards a month of the rent. And that was it then. I went back in August 2020 following discussions to resolve some repairs the flu pipe outside around the boiler was missing a brick I was going to do this the bath panel was damaged so i replaced this then I started talking to the son about rent and arrears after he was moaning about the repairs this is the point I mentioned that I may sell the property (yes big mistake) the woman was on the phone to the son and was like you need to give us notice of 3 months etc
I left after they asked me to leave
Following this I reconnected" (been the kinder word) with them and offered them some reassurance of a new tenancy and a new start with a £150 discount (goodwill gesture) towards the arrears

Since August 2020 its been a case of few messages from them and detail from me

It feels like they take the piss with me messaging them I give them details on when I can come around with a new tenancy and also to further get a professional in to fix the window in the attic and bedroom and ask how they are etc

I am happy to follow the processes mentioned on the forum and seek professional guidance but it feels like a muddle.

I have not been in this situation but just feels like the tenants are taking me for granted and a fool

[Stew]

While I understand you want to get it all out there it's too much,,,, you are attempting to go from the bottom to the top of a mountain in one go.....

It actually looks like they are trying to pay... by that I mean three payments in one month sometimes,,, they don't sound like the rent avoiding tenants that some landlords have to deal with... payments are ad-hoc yes but they are still paying.. yes there are debts... but you are still winning..

Imagine if like some other landlords you'd had not a £ for a year now,, you need funds to be able to weather the storm if they are only £1295 out of kilter and you are struggling I fear you have left yourself too short..(especially if you have not been maintaining the place)..

I would deal with one thing at a time, the most important thing is to give the tenants chance to voice what needs fixing and get the CP12 done then move onto the next thing...

Your letter while it might be accurate if I were them I'd find it too much and just throw it and keep on as I have been and deny you access...

Focus on softly softly, take out any idea that "you" will be entering the house, the Gas Engineer will check the carbon monoxide alarm while doing the CP12 that is your most pressing issue I fear while rent even though it's ad-hoc is still flowing..

Get the friend to knock and discuss dis-repair then when you have details get your friend to try and arrange the gas engineer

Whatapp, text, letters, can seem very harsh and formal, some knocking standing back from the door given the lockdown smiling may be very helpful.

You need to see your legal obligations that the house confirms with the relevant H&S standard as completly separate to you getting rent,,, that's the legal position so you need to adopt the same approach...

Ask yourself is it fair someone has been paying rent (full or not) for a house with damaged windows etc etc... try and see if from there point of view.... but keep in mind you are receiving some money judging by the above

Just my view I have no legal training

All the best

[Stew]

ask yourself why would they want a new tenancy, they have one,, the AST rolled to a periodic, if I were them I would have no interest in signing a new tenancy it is not to their advantage?

Why do you think they would want a new tenancy?

Separate the rent from the repairs they are not connected legally.... don't keep following that approach it will get you nowhere in my view....

All the best

[SSD1000]

Hi Stew

Thanks for the update and input

So my approach could be in the letter just say "can i please have access to the property to complete the required gas and electrical checks" as per regulations for health and safety?

start the letter with "how are you" etc

Then mention the need to do the repairs and list the repairs that I am aware of and put onus on them to say when are you available after 2nd December 2020 following the new lockdown

and then end the letter with the mention of there is rent arrears however I am sure we can work towards decreasing them in the foreseeable please keep up with rent payments as and best you can


My other question is now come next year 2021 as its VERY unlikely that I will be able to evict them this year unless they leave themselves (wishful thinking) can I evict them on the following

A Section 21 6a
Valid Gas Certificate
Valid Electric Certificate

Do I require anything else?
If I fail to get the gas and electric certificates and the repairs done due to access not granted can I still evict the tenants?

To note the last Gas check was done on the 11/12/2019 don't know if this helps

The last rental payment was 15/10/2020 and was a partial payment of £235

[nreid]

I really suggest you find a way to make it work with them. They are in a position of strength and they surely know it. Put out of your mind any eviction as a quick fix : even if you had all these complicated matters and irregularities sorted out, nothing will happen until March and probably an awful lot longer as evictions are effectively banned anywhere there is coronavirus. The government does not care if they are paying rent or not, and they have no interest either.
You might have these tenants until sometime in 2022, so I suggest you do the peace offerings and sweet chit chat.
To put this in context, I have a tenant 16 months in arrears and I’d sincerely consider it a miracle if he is gone by the end of 2021.

[Stew]

Hi I cannot suggest anything further, my suggestion is don't send a letter but you keep wanting to.

Look at the comments by nreid above then decide if your tenants are really that bad or they are still trying.

All the best

[nreid]

My other question is now come next year 2021 as its VERY unlikely that I will be able to evict them this year unless they leave themselves (wishful thinking) can I evict them on the following

A Section 21 6a
Valid Gas Certificate
Valid Electric Certificate

Do I require anything else?
If I fail to get the gas and electric certificates and the repairs done due to access not granted can I still evict the tenants?

If you had these things fixed today, the best you could do would be serve notice and in May (six months from now), apply for a possession hearing. This can take three, four months (my guess is longer because of the backlog). So now we're around September 2021. Then you have to wait some more for a bailiff appointment. This could be December 2021. And that assumes that covid will somehow just trail away and disappear: if it doesn't, you're looking at 2022.

Yes, it really is that bad. As I said earlier, the govt cares not one bit what they are doing and whether they are paying. If they were running a drug factory in the premises, you still would have to wait for all this to pass. The govt sees landlords as easy providers of private housing to people that they would otherwise have to accommodate at their expense.

An idea that could work for you is one of the mediation services that can speak to the tenants for you. They are not very expensive, and are advertised somewhere on this site. It might not work, but it's good evidence to have for any future court action. You can show yourself as caring, reasonable, responsible. And I would suggest getting a solicitor to advise you - you might need a court order to get access to the gas and boiler.

Sorry not to be more positive, the full horror of this situation we now find ourselves in is something I myself am still trying to get on top of.

[SSD1000]

Hi All

Had an update earlier in the week the tenants son finally got in touch. Goes his mother will try and pay something towards the Rent by end of Nov 2020. I have reiterated that I need access to do vital services and checks (Gas and Elec) however he is reluctant and saying not feeling to great etc. (Do not believe him for some reason)

I just hope I can get access to the property soon and get the required certificates and safety completed. I want to do the repairs as mentioned previously but this depends on Lockdown and the tenants co-operation.

Correct me if I am wrong if I give the tenants an updated Gas Certificate (it is valid until 15/12/2020) and a Electric Safety certificate can I give them Section 21 notice (not accelerated) as I have misplaced the tenancy agreement signed by them last October 2019? I did give them a "How to rent Guide" and a EPC Certificate that up to date and completed in 2018

Please clarify Thanks