Tenant Ignoring All Contact

[candtd]

Hi,

Since asking my tenant (via a legal S21 may I add) to vacate my property he's decided to bury his head in the sand and not respond to any letters/calls/emails from my management agency and legal protection company. So far he's ignorned requests to have an inspection carried out and has already indicated he's unwilling to leave the property as quote 'it does not suit him to do so'. On top of this he also quoted to my agency that 'no court in the land will throw him out as he has children' (i'd understand this if finacial hardship was a concern but as he is a consultant doctor - married to another doctor with 3 kids in private school and a full time nanny, I'd hardly say he's strapped for cash). Any clues on what I should do with such an individual. Thanks everyone...........

[Imp]

Treat him the same as any other tenant - Section 21, court, bailiffs. He is in for a rude awakening.

Please ignore the little bit as it will hijack the thread While I disagree with the fact landlords can evict so easily, the law is the law and should be applied equally.

As he is a well paid tenant, claiming rent arrears off him for his extended stay (assuming he stops paying rent) should be simple.

It would be disgraceful if you treated him differently to a single mother on benefits or a bunch of students, just because he is a doctor.

[candtd]

Thanks for the reply. However I must question your reference to landlords evicting so easily. This property is MY home, I allowed someone to use it for a while, if they wish to use and abuse then why don't they buy their own. Tell me one good reason why someone should not leave a property in line with the agreement they have signed (other than a total lack of respect for other people). In my opinion, individuals to who care to act in this manner should have no rights.

[P.Pilcher]

And to add to that, may I point out that in many cases market rents are now well below the intrest only mortgage rates for the value of the property. Furthermore the landlord has to pay for all repairs, insurance, Corgi inspection, electrical checks and so on and so on...

P.P.

[Editor]

Ease of Eviction

Despite recent calls for changes in the law (yet again) to make it more difficult to evict tenants it is in fact quite difficult to evict tenants as it is - it normally takes several months.
In this case someone in a privilaged position in our society - a professional - choses to behave in a very unprofessional way, and demonstrates the need for laws which protect landlords, as well as tenants - we need a balance.
Reminds me of a case I came across some time ago, that of a trainee barrister who was trying to be clever with his knowledge of the law by doing exactly this same thing to his landlord, owing lots of rent and refusing to move. However, the mere hint of contact with the Bar Council worked wonders - the legal eagle came into line within hours!!!

[lorenzo]

This property is MY home,

Actually, it isn't. It's your property, your asset, but it is HIS home while he legally lives there.

<edit to add> But he really should leave according to your legal notice.

[Bel]

Thanks for the reply. However I must question your reference to landlords evicting so easily. This property is MY home, I allowed someone to use it for a while, if they wish to use and abuse then why don't they buy their own. Tell me one good reason why someone should not leave a property in line with the agreement they have signed (other than a total lack of respect for other people). In my opinion, individuals to who care to act in this manner should have no rights.

I don't suppose explaining to him (politely in a letter) the consequences of his actions; that once he is evicted by a court, nobody in their right mind will want to rent to him again could make him see reason?

Otherwise you must stay away and let the legal process take over.

[lorenzo]

And to add to that, may I point out that in many cases market rents are now well below the intrest only mortgage rates for the value of the property. Furthermore the landlord has to pay for all repairs, insurance, Corgi inspection, electrical checks and so on and so on...

P.P.

This has nothing to do with the level of rents. This is because property is overvalued by any historical measure of value, caused by a massive credit expansion. Rents are relatively expensive in the UK even if they don't cover interest expenses.

[Surrey]

I agree with Imp's response - treat him as you would any other tenant who outstays their welcome.

You've already done the right thing by issuing the S21. You could not be accused of harrassment if you were to send the tenant a polite letter with 4 weeks to go reminding him of his obligations with regard to checking out, e.g. ensure all bills are paid, ensure post redirection arranged, clear rubbish, return property in same condition as originally handed over etc etc, and state that you will be at the property at a given time on the final day to complete the check-out and collect the keys. I believe this is fairly standard practice, certainly by letting agents, but it would also serve the purpose of letting him know you mean business.

One tiny point is to double, triple check the dates on your Section 21 notice to be absolutely certain that it is valid. At least then if you've made a mistake on the one you've issued, you won't have to hang around for months if a court tells you it's wrong.

Good luck, I hope it eventually goes smoothly.