Problem tenant

caringa

Would like some advise please! My hsuband and I have a tenant who has had his housing benefit stopped. We couldnt contact him on the phone so went round to see him this afternoon. He has changed the lock to the front door! Neighbours say he comes and goes and was back during this week.

We issued him with a Section 21 notice a couple of months ago due to excessive noise and disturbance to neighbours but ended up giving him another chance (I Know - how stupid!) as long as the noise etc. stopped which it did.

Where do we stand now with the Section 21? - is it still valid and can we ask him to leave immediately - presuming we can contact him!

Please may I ask for construction advice and even criticism if necessary from those of you who know the law in this matter. Thanks!

Werdnal

When you say you gave him another chance, what form did this take? An S21 remains valid until your tenant signs another tenancy agreement which cancels it. However, if you issued him anything in writing or even verbally agreed "OK, you can stay if ...." there is a chance this could have been deemed a "new" agreement (tenancy agreements do not necessarily need to be in writing).

However, even if your S21 is valid YOU cannot ask him to leave. You misunderstand the purpose of the S21 - it does not end the tenancy, and the tenant does not need to go anywhere. The S21 is notice seeking possession, and after the 2 months has passed, you seek that possession by applying to court to evict the tenant.

To confirm some other points, please advise:

Is property in England/Wales?
When did tenancy start - exact date?
When did/does fixed term end - exact date?
Are there any rent arrears? If so how much and how many months does this equate to?
Did you take a deposit at the start?
Is this protected and did you provide the tenant with the "prescribed information" from the scheme you used?

I assume this tenant is the one in your post here:

https://forums.moneysavingexpert.com/discussion/3946131=

Did you follow all the advice in that thread about how to issue the S21 so it is 100% correct and therefore valid when you apply for the court possession order. As it seems you will now have to use the courts to enforce the eviction, it is important the S21 is spot on, otherwise you may have wasted your time if the court throws it out. Do you have proof when it was served to the tenant? What format did the S21 take?

The tenant changing locks is in itself not an issue, so long as he changes them back to the originals when he leaves. Incidentally, how did you know the locks had been changed? Did you try to enter? Please do not do this, as you have no automatic right of entry regardless of how much rent is owed or other grievances the tenant has caused you.

With respect, as you are letting a property, you should take time to learn all aspects of tenancy regulations and how to manage the let yourself. You have entered into running a letting business - Yes one property is considered a letting business, and No even being an accidental LL is not really a valid excuse. There can be heavy penalties and fines for getting things wrong ... not to mention tenants who know the rules and regs better than you do, running rings around you and costing you dear ... so you owe it to yourself to do your homework. If you haven't already done so, please read these posts:

http://forums.moneysavingexpert.com/showpost.php?p=41160642&postcount=12

http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

caringa

Thanks for your indepth reply. In answer to your questions:

1.We did issue the Section 21 and followed the advise given.
2. We didnt issue a new agreement. We told the tenant verbally that as long as we had no more complaints from neighbours and the police about disturbances then we would allow him to remain.
3. The property is in England.
4. The tenancy started on 14 November 2011
5. The fixed term ended on 14 May 2012
6. A deposit was taken
7. This is protected
8. The tenant (and Local Authority who pay his rent) were both informed in the proper manner.
9.We are two weeks in rent arrears.
10. We tried to enter the property as the tenant had asked us to carry out some repairs and we hadnt been able to contact him by phone or by previously visiting the property.

G_M

My guess is you gave him a 6 month tenancy? If it started on 14th November it would have ended on 13th May.

Please check the exact wording/dates on the tenancy agreement as this will be important with respect to the Notice.

* Did you issue a S21 (1) or S21 (4)?
* What dates did you put on it? What date was it served?
* Before trying to enter the property, had you written to the tenant advising him of your intention? If so, did he respond? How?
* Have you written to the tenant regarding the arrears, with a rent statement?