Updating post from Reddit.
Basically, my parents have a tenant who's always paid rent late—sometimes by up to two months—and now he’s asked to renew his tenancy. They obviously said no, and now he owes two months' rent. The tenancy agreement ends at the end of September, and we haven’t dealt with anything like this before, so we’re not really sure what to do next.
The letting agency has already sent a Letter Before Action and served a Notice for Repossession, which is due to expire in late September. We're also wondering how much it would cost to get a solicitor or specialist involved as we don't have insurance to cover this.
Any advice would be grateful and thank you in advance.
As soon as it gets to 3 months short regardless of how long it took take them to court and get repossession of your property it's not your job to house people for free
Landlords can serve a Section 8 notice if a tenant is at least two months (or eight weeks) in arrears. The notice gives the tenant two weeks to pay or leave. If the tenant does not leave, the landlord must apply for a possession order in court.
Expect another 6-8 months to get them out and be prepared to get £0 of the rent arrears court is the way to go
On top of the court eviction make sure you get a ccj against them for the rent arrears. At the very least you can make it financially difficult for them moving forward. Bad tenants are spoiling it for everyone.
Make sure they serve a s.21 and a s.8.
If they just go for s.8 there is a chance he will pay do the arrears are just under 2 months.
Use a specialist who deals with rental arrears all day long, don't use your local high street solicitor.
https://www.landlordaction.co.uk/- the ones that do the TV show seem to get well reviewed by LLs that have used them, but others are out there.
If they don’t shift it will end up being around £10k in lost revenue and court and bailiff fees. All because of us nasty horrible landlords v the sweet innocent tenants. I’m getting out.
> tenancy agreement ends at the end of September
No, only a court or a tenant can end a tenancy.
You need to serve a Section 21 notice (& Section 8 if 2 months in arrears), that will mean by September they should vacate. If they do not then you can ask a court to make them.
If you have never done any of this (and dont have an agent) then i'd recomend you use a profeshional https://www.landlordaction.co.uk/eviction
> Letter Before Action and served a Notice for Repossession
I have no idea what these notices are, is "notice for reposession" a Section 8 or Section 21? If neither its worthless.
>how much it would cost to get a solicitor or specialist involved > Any advice would be grateful and thank you in advance.
Late and 2-months in arrears built up overtime is manageable. You shoudnt have taken action that will be expencive without prior research and commitment. That 2-months may likely escelate, damage may be experianced (people dont like getting evicted), legal fees and court costs.
Unless there was other issues, it would have been best to keep them on a rolling tenancy and worked with them to reduce the arrears, such as a payment plan before signing a new tenancy.
> Any advice would be grateful and thank you in advance.
Look at Rent Guarantee Insurance for next tenant, you have to do proper vetting and affordability to qualify.
I would defer the deposit against the rent and explain why to the deposit scheme people. You can still issue a Section 21 at the moment but not for long. Solicitors will charge more than the two months owing. I always cut my losses and get it refreshed and put in order to relay and be glad you can get them out.
No section 8 for unpaid rent it’s easier,
Does the letting agent have recommended solicitors? It's usually a fixed cost for the process when it's so clear cut
I'm not really sure to be honest, but I'll ask them about it tomorrow. Thanks.
This is why all landlords now need rental insurance and guarantors who can be relied on.
The difficulties faced with non paying or destructive tenants has resulted in landlords needing so many checks that it is harder and more expensive for good people to rent
Since the tenancy ends soon, don’t drag your feet. If rent isn’t paid by the Notice expiry, file for a possession order ASAP. Costs depend on your area and lawyer, but legal aid isn’t usually available for landlords. You might want to check if your local council offers free eviction advice.
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I had a similar issue. After I served a section 21 it took me a year to evict the tenant. Luckily for me she continued to pay rent. However I used this awesome company who assisted in the entire process, she will be happy to talk to you http://www.caseconsultantsolutions.com/ Sophie - helped with the whole process and actually convinced my tenant to keep paying me rent.
Step 1, talk to a solicitor. Step 2, do what they say.
It'll take another month or so to get them out last time I did this it cost about 300 pounds may have gone up
A month?! You’ll be lucky. Using section 8 (rent arrears) for eviction requires a Court hearing, which will take 3-6 months. Then the judge will give him 14-28 days to vacate. The Council will tell him to stay put until the bailiffs arrive, which is probably another six weeks.
It was a few years ago
Ah, so all OP needs to do is go back in time then?
Can only speak of my own experience or should I make it up lol 🤣
And at least you can claim it as a tax loss
Scraping the barrel for positives there! .. and cost-wise you’re probably talking nearer £1.5k for lawyers, court & bailiff fees.
Never used lawyers presented the case myself and didn't need bailiff's the courts letter was enough if you go into the rental business it is just that a business not a hobby
It’s been my business for 25 years, thanks. So luckily your tenants left as per the Court Order. Great! You were lucky, that’s all. Did they pay you all the arrears as well?
Change the locks