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Leighannen
Posts: 5 Forumite
Hi
First of all I will start by saying I'm in far too deep without the relevant knowledge to call myself a proper landlord. And it's only now that I find myself in this tricky predicament that I've come to that realisation.... and basically not sure which way to turn.
Last december I rented my property to a young family and almost immiadiately regretted it. The complaints started flowing both from neighbours and the LHA ( the property is a block of 6 and ex council) on each complaint I dutifully visited the tennants went through the issues ( noise, littering, damage to communal areas, fly tipping, breaking H&S rules... list goes on, but that gives you a general idea) and on each occasion was given assurances that there would be no further issues. It would go quiet for a month then I would get more complaints in! But all stayed pretty amicable with the tennants through these issues
Anyway in June I got another letter from the LHA more damage, more noise, fly tipping, being abusive to one of their housing officers. Again I went to see the tennants and agreed that it wasn't working out and they would be best finding somewhere else. We agreed 2 months notice( giving them plenty of time to find elsewhere) and that was that. Again, still all amicable and no issues on that front
Two weeks ago I receive a call from tennants, they are in the local council office and advising that i have not given the proper notice, contract expires 1st Dec and I can't do anything about it. Speaking to the HO, she advised the only thing I can do is issue eviction notice under section 8 and then they will act.
So now I have issued a section 8 eviction notice citing grounds 12, 13 & 14 but the council have advised tenant to sit tight until court order and bailiffs are involved!!
So my question is do I go down the route of attempting to get the court order under S8, which from what I have read may take months and might not be a given if judge takes pity on them. Or do I wait until the 12 months is up and then what route is available to me?
To top it off things have really turned sour with the tennants and they have refused to pay this months rent( which was due on the 1st)
Any advise? Apart from give up on being a landlord 😢
Thanks in advance
First of all I will start by saying I'm in far too deep without the relevant knowledge to call myself a proper landlord. And it's only now that I find myself in this tricky predicament that I've come to that realisation.... and basically not sure which way to turn.
Last december I rented my property to a young family and almost immiadiately regretted it. The complaints started flowing both from neighbours and the LHA ( the property is a block of 6 and ex council) on each complaint I dutifully visited the tennants went through the issues ( noise, littering, damage to communal areas, fly tipping, breaking H&S rules... list goes on, but that gives you a general idea) and on each occasion was given assurances that there would be no further issues. It would go quiet for a month then I would get more complaints in! But all stayed pretty amicable with the tennants through these issues
Anyway in June I got another letter from the LHA more damage, more noise, fly tipping, being abusive to one of their housing officers. Again I went to see the tennants and agreed that it wasn't working out and they would be best finding somewhere else. We agreed 2 months notice( giving them plenty of time to find elsewhere) and that was that. Again, still all amicable and no issues on that front
Two weeks ago I receive a call from tennants, they are in the local council office and advising that i have not given the proper notice, contract expires 1st Dec and I can't do anything about it. Speaking to the HO, she advised the only thing I can do is issue eviction notice under section 8 and then they will act.
So now I have issued a section 8 eviction notice citing grounds 12, 13 & 14 but the council have advised tenant to sit tight until court order and bailiffs are involved!!
So my question is do I go down the route of attempting to get the court order under S8, which from what I have read may take months and might not be a given if judge takes pity on them. Or do I wait until the 12 months is up and then what route is available to me?
To top it off things have really turned sour with the tennants and they have refused to pay this months rent( which was due on the 1st)
Any advise? Apart from give up on being a landlord 😢
Thanks in advance
0
Comments
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Leighannen wrote: »Hi
Last december I rented my property to a young family and almost immiadiately regretted it.
Length of tenancy? Exact dates please.
....
....I went to see the tennants and agreed.... We agreed 2 months notice( giving them plenty of time to find elsewhere) and that was that.
verbally? in writing? S21 Notice? Exact dates please.
Two weeks ago I receive a call from tennants, they are in the local council office and advising that i have not given the proper notice,
Well, have you? See qurstions above.
contract expires 1st Dec
Exact date please
and I can't do anything about it.
Meaning what?
Speaking to the HO, she advised the only thing I can do is issue eviction notice under section 8 and then they will act.
You can serve a S21 Notice now to expire in December. As well as any S8.
So now I have issued a section 8 eviction notice citing grounds 12, 13 & 14
all discretionary grounds. You will need strong supporting evidence to convince a judge to evict.
but the council have advised tenant to sit tight until court order and bailiffs are involved!!
That is normal advice. Your S8 may fail.
So my question is do I go down the route of attempting to get the court order under S8, which from what I have read may take months and might not be a given if judge takes pity on them. Or do I wait until the 12 months is up and then what route is available to me?
S8 is quicker.
But do both.
To top it off things have really turned sour with the tennants and they have refused to pay this months rent( which was due on the 1st)
If you are lucky, they will fail to pay next month too. As soon as the 2nd month's rent is overdue, serve a S8 Ground 8 Notice - this is mandatory so the judge has no choice but to evict.
Read:
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?0 -
They have now not given you a month's rent. So even if the other reasons for a Section 8 fell through, you can start proceedings for a new Section 8 through non payment of rent. This has to be one month and one day since the rent was due of course.
The reason the Council have advised them to stay put despite the impending court order/eviction process will be they have asked the Council to rehouse them.
The council have no obligation to rehouse those who have made themselves intentionally homeless and that means leaving the property before they are formally evicted by the bailiffs.
The Council have to cover their own backs too and be fair. They helped you and the neighbours by visiting the tenants when they were causing agro. Now they are following the correct process to help the tenants out by potentially rehousing them.
Why would the judge take pity on them when the tenants have satisfied the grounds to have a Section 8 served on them (antisocial behaviour)? Especially serious cases such as abusing Council employees?0 -
If you've had an accident you should get yourself down to A&E. It sounds like a pretty serious accident if afterwards you found yourself being a landlord.
What exact date did the tenancy start? Is this a 12 month fixed term AST? Any chance there's a break clause you can use? Did you take a deposit? Did you register it?
If the tenancy is still in the fixed term then you won't be able to evict using the Section 21 route until the fixed term has ended. So the council is correct that if you want the tenants gone before then you will need to use a Section 8 notice. Note that your notice does not end the tenancy that can only be done by the tenant or a court. Each of the Section 8 grounds you have used are discretionary grounds so the court may not grant you an eviction order. The good news is that if the tenants have stopped paying rent then you can issue a Section 8 Ground 8 if/when the tenants are 2 months in arrears (I'm assuming rent it paid monthly). That is a mandatory ground for eviction although if the tenants make up the some of the arrears before the court date it will be kicked out.
See Ending/Renewing an AST for further information.
My advice is to join a landlord association, read G_M's Guide for Tenants & Landlord in England/Wales and to take being a landlord seriously because the country doesn't need anymore rank amateurs !!!!ing with people's homes.0 -
In what possible sense are you an accidental LL? It seems you made a direct choice to be one.
Take the salient advice above.0 -
A start in understanding the Landlord/tenant game might be to recognise that there are only 2 "n"s in tenant.
Do either RLA or NLA basic landlord course to get rapidly aware of your responsibility.
Who's fault was the accident do you think?0 -
As above.
Also note these complaints aren't for you to necessarily deal with.
Advise neighbours to complain to the council. Or police where appropriate.0 -
Deposit protected? Just wondering if you are likely to get sued
In fact what about the rent guide? As it. Seems to be within detey act?0 -
I hope your sake you have done the gas safety checks and deposit protected at the least or your going to be shafted even more"It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
G_M/ Bowlhead99 RIP0 -
Hey guys! give him a break - the point is made.
But some good points about checking validity of any S21 before it is served:
A S21 is invalid if:
a) served before/at the same time as the tenancy starts
b) served before deposit has been registered & the deposit's ‘Prescribed Information’ given to the tenant
c) incorrect dates/notice period
d) expiry date is within 1st 6 months of original tenancy
e) For tenancies starting after 1st October 2015:
- served in 1st 4 months
- new tenancy Prescribed Information has not been supplied (EPC, gas report, "how to rent), or
- council has served a repairing enforcement notice on the landlord, following a complaint by a tenant. See Enforcing repairs here.0 -
If a landlord hasn't protected the deposit then they're able to return the full deposit before issuing the Section 21. How do they get around a lack of EPC, GSC or "how to rent" booklet? Do they just need to issue the missing items before issuing the Section 21?0
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