Updating post from Reddit.
Hi Everyone
Would really appreciate any advice on an urgent decision as we need to decide by tomorrow whether to renew our Tennant’s contract and I can’t figure out what would happen under the following scenarios we are facing under the Renters Rights Bill (assuming we renew, which is likely):
If tenants stay in the property for a few years and you want renovation works done or just redecorating can this be done by eviction using Section 8-Ground 6? Its wording implies (see below) this ground can only be used if you have "substantial works". It’s unclear if (a) redecorating is included, which cant be done whilst they are in the flat (due to clutter etc), and (b) if kitchen and/or bathroom re-fit is included if no walls are broken or re-modelled?
If we have good tenants but we want to change the agent due to bad Letting agent service, breakdown in relations and their high charges - that would require evicting the tenants - as agent's terms include clause that we owe them fees as far as tenants stay or we pay agreed lump sum to change agent. So to change agent we would need to evict the 'good' tenants - what would be allowed here?
Thank you so much in advance!
Decorating is not going to fly as “substantial works” unlikely a replacement kitchen or bathroom. Plenty of that goes on in social housing and people don’t need to be evicted for it to happen.
But what if you want to do these works but the Tennants don’t play ball? Does that mean you have no option to do it until they choose to leave
You’d either leave the works until they vacate or pursue an access injunction through the court system which will provide you with access.
I don't understand, why would you complete the works when there's no need? If the tenants want the works they'll play ball. If they don't you don't have to do them until they leave. There's no scenario in which you absolutely Must Urgently Upgrade The Kitchen, for what?
Unless you want to absolutely 100% avoid void periods? But renovating a kitchen if you time the trades right isn't that bad, I think we can all survive a month or even two.
Why do them whilst somebody is in, happy and paying if they don’t want them? This sounds like you’re trying to flip, but want to be able to rent it out in the meantime. It’s somebodies home, and you’re suggesting eviction to decorate. It’s that type of behaviour that gives LLs a bad rep. As for the agents, if your on good terms with the tenant you could ask them to terminate and “move out” to get away from the agent, then manage it yourself, not sure that would work getting another agent in though as you could be caught out by the old one. You’d probably have to offer something like a reduced rate to the tenant otherwise the hassle is not worth their time/risk
Could you terminate the agent just before you renew the tenancy agreement?
Also, can the letting agency actually enforce this?
My letting agency was a total ballache nd they refused to pay me monies owed for a very long time. Took 8 months of fighting after they were terminated to get what was due, stuff that could have been sorted weeks before our agreement ended.
Looking into it but there will be fees for termination - checking how much.
Regarding enforceability, are you referring to the fees we owe them if we cancel the renewed contract early? If so, given this is a clause in the contract then I imagine so
By enforeceabilty, I mean what cab they actually do if you terminate the contract and don't pay them?
Is that clause going to hold up in court, especially if you can prove they haven't been doing their job properly (hence wanting to terminate in the first place).
And that assumes they'll go to court.
Letting agents will often not hold yo their end of a contract hoping the affected party (me in this case) will just give up and write it off as a loss.
I was owed £200 and I almost gave up, but I kept fighting, and starting billing them for my time chasing them up.
By the time they paid up it cost them £400+.
But I am sure they do the same shit with every client and 9/10 just let it go.
On (2) a court is not going to let you evict someone because you signed a bad deal with a letting agent - either dont sign that term, or get it removed now. If they dont play ball then do what you can now, as the new rules will certainly restrict you.
On (1) its up to the court to decide, its a discretionary ground. Evicting someone because you want to paint and they dont want you to paint is not good enough and rather fictional set of situation.
I think you're worrying over nothing. Specifically you have decided that certain situations need an eviction that absolutely do not require an eviction even now before the Renters Rights bill. Just relax and do the works / terminate letting agent contract / whatever else you want when your current tenants leave willingly some day.
If you want to terminate the letting agent contract now, do it and pay them whatever terms you signed. If the terms imply the tenant should be evicted you can wait until Renters Rights comes in play. Then break the contract and pay the agent whatever it stipulates. Now watch as the agent is completely powerless to evict your tenant or force you to do it. They will be loudly laughed out of court if they try that.