Updating post from Reddit.
I have 3 rental (mortgaged) properties. I am hoping to sell two of them to the current tenants. This post is about the 3rd.
This has been rented out to the same single parent who is on UC and she has lived there since 2007 with 2 children being there since birth. I never raised the rent for all those years (i even rented it below market then as i fancied myself as a bit of a social landlord) . She has not paid rent several times over these and a few years ago she went through an IVA and our £1700 total arrears were written off.
Since then, she has missed at least one payment per year.
She also has 4 dogs living with her
This year i went to one of those companies who take houses with tenants off your hand but they did say she was massively underpaying rent and she had to increase it. Market rate was £750, she was paying £500 and they advised me to increase to £600. So sent a new tenancy agreement (this now included her partner who has lived with her on and off over the years and is seriously ill) for £600 so the increase will start in october (2 mths notice).
October paid ok No rent for November £400 in December No rent so far in Jan (usually pays around 9th)
I have an epc, a gas safety certificate, deposit was protected in 2012, and a electrical safety certificate.
I gave her the right to rent guide when the new tenancy agreement was issued.
The last time we communicated was in november when she didn't pay her rent and for the first time ever, I threatened eviction.
She asked for an arrangement to pay, I said £650 from Jan to cover her rent and the arrears and she agreed.
The company buying the house offered me £20k below market value but I decided that with costs of getting it ready for sale, estate agent costs etc it was worth it but the sale fell through as it needed a PRC certificate (which I now have)
I spoke to them, told them the probs we were having and they said it might be difficult to find a new buyer so I am waiting for them to get back to me. It would have gone through last time if it hadn't been for the PRC.
I am so over this property and tenant, I want to just get rid.
So after all that background, should i issue a s21 cos we want to sell and get out or being a landlord anyway?
I want out the most expedient way and I honestly don't care about the arrears at this point.
Does she pay the rent or do the social give it to her , you can get the rent paid direct . If the social pay the rent you can also increase it to market value .
She gets rent paid by the council but it is capped. She works in a children's nursery/childminders so she gets her income topped up. He doesn't work and never has done as gat as I am awate (except cash in hand jobs)
Did she say it was capped , I would still apply to get the rent portion of her UC paid direct to you . Not sure this helps you , I know that if you move to evict you will at least get the rent from UC. Until she moves out .
I will give the council a ring I did approach them a couple of years ago, we were thinking of letting it become one of their houses in their housing stock but it meant a 3 year tenancy agreement but they would guarantee the rent and do all repairs and renewals. Even they were surprised at how low it was. I just want get rid tbh.
As you can see. I'm not.much of a business woman
If there are two months of arrears you can ask for direct payment of the rent element of UC.
UC will not pay market value in most cases - they only give LHA rates which are below market - google LHA rates and you can look up the relevant amount for your postcode.
So is she isnt 2 months in arrears? S8 for persistent late rent.
So three options:
I would use eviction specialist.
Thankyou, I have been looking at them. I never want to speak to them again so getting someone else feels the right thing to do
OP cant. Shes agreed a payment plan for the arrears. This is a straight forward S21 no fault eviction. Nothing can then be disputed.
Absolutely no need for ‘eviction specialists’ that you persist in selling here on reddit.
OP, serve Section 21 notice. If you need assistance with this speak to CAB for free.
If tenant has not vacated by the notice date, apply to court for a possession order based on your section 21.
Everyone needs help sometimes. OP has said:
I think sometimes you have to ask for more experienced people to help you in certain situations. These eviction specialists have actual solicitors who are regulated. I know i needed help when i used them. Not sure why you are hating on me for suggesting a regulated service.
They are unlikely to make a mistake that a novice would, and hopefully be faster at removing tenant. Also if the tenant claims you are harrassing them, these act like a barrier between you and them.
Dapper, Im not hating on you. In the last 24 hours you have with forthright abandon told a landlord they are legally ‘distressed’. They were not. Told a landlord they have the right to charge double rent. They dont. Told a landlord they can legally evict a tenant without a possession order. They can’t. And now youre telling a landlord they can use Section 8 (ground 11 presumably) to evict for late payment, when this landlord has just agreed a payment plan with the tenant.
Im all for sharing experience and opinion but perhaps couching your legal advice posts with, NAL, may be a better approach. I of course, and others have the right to reply and correct the position.
Great to see you arent hating on me, but thats a different thread and a different topic, im asking why you dont like me suggesting an eviction specialist when clearly they will be the best choice for OP.
Also if im incorrect about the s8 im sure the eviction specialist will point that out and choose the correct path.
I would then suggest haste in proceeding with the s21, before they are banned.
Citizens advice does not offer advice to landlords when it comes to eviction
Put it in auction!