Tenants from Hell Protected by (disgusting) law

sarah_id1

Just talking to my office colleague who had a bad experience with her tenant. Long story short

>Rented a flat for £1000 via a agent to a professional working for a good company and good credit history on 12 month contract
>3rd and 4th month tenant didn't pay rent as he got injured
>5th month landlord gave notice to vacate, tenant paid rent with arrears
>6th month onwards he lost his job due to long term injury and he notified the council who agreed to pay £71 a week for housing benefit which was not enough to cover the mortgage. No rent since this month....
>10th month gave notice but tenant just does not vacate.
>Landlord Issued Section 21 with a notice of 2 month but tenant not moving
>Court Order..... Baliff to follow

Blockers
>Tenant cannot be vacated because he lost his job and he's injured
>Council wont pay to cover the rent because hes eligible for £71 per week.
>Landlord have to still pay the mortgage otherwise property repossession etc....

All in all landlord has lost 8K in rent apart of other fees in legal/admin/baliff... Why should the landlord such a BIG loss? a loss of 1 or 2 month rent would be tolerated. Also what if the landlord lost her job in this scenario and cannot afford to pay rent! she still have to be homeless in spite of owning a property captured by a horrible tenant "PROTECTED" by the law. This is disgusting and oppressive law!

What's the advise for the potential Landlords in this situation?

ruggedtoast

Landlording is a business. If you don't like the regulations, can't afford bad tenants and / or voids then don't do it.

Thrugelmir

sarah_id1 wrote: »

What's the advise for the potential Landlords in this situation?

Understand the full risks of the business at the start. With property letting, when it goes bad there's no chance of mitigating ones losses.

Yorkie1

Why did the LL choose not to use the s.8 procedure for rent arrears during the tenancy?

Soleil_lune

Yorkie1 wrote: »

Why did the LL choose not to use the s.8 procedure for rent arrears during the tenancy?

I wondered this too.

Must admit, I would not be a landlord for all the tea in China. WAAAAAY too much stress.

Werdnal

And why offer new tenants a 12 month agreement from the off?

6 months is plenty of time to tie LL and T into a tenancy without any chance to evict.

The law will work for the LL if they know how to issue correct and valid notices under rent arrears grounds.

The laws surrounding tenancies have not changed in the last 12 months, so why did LL here not acquaint themselves with what they were getting into and understand the perils of what might happen if tenants went bad and how to deal with it.

Annisele

sarah_id1 wrote: »

Blockers
>Tenant cannot be vacated because he lost his job and he's injured

That doesn't prevent the landlord from getting possession through the courts.

>Council wont pay to cover the rent because hes eligible for £71 per week.

Why should the council (aka other taxpayers) pay your friend's mortgage?

>Landlord have to still pay the mortgage otherwise property repossession etc....

Well, yes...the mortgage lender has nothing to do with the tenant, and it's not the lender's fault the landlord wasn't paid.

All in all landlord has lost 8K in rent apart of other fees in legal/admin/baliff... Why should the landlord such a BIG loss? a loss of 1 or 2 month rent would be tolerated. Also what if the landlord lost her job in this scenario and cannot afford to pay rent! she still have to be homeless in spite of owning a property captured by a horrible tenant "PROTECTED" by the law. This is disgusting and oppressive law!

What's the advise for the potential Landlords in this situation?

As others have said, why didn't the landlord use the s8 procedure, and why did they offer 12 months straight off?

Yorkie1

Werdnal wrote: »

And why offer new tenants a 12 month agreement from the off?

6 months is plenty of time to tie LL and T into a tenancy without any chance to evict.

The law will work for the LL if they know how to issue correct and valid notices under rent arrears grounds.

The laws surrounding tenancies have not changed in the last 12 months, so why did LL here not acquaint themselves with what they were getting into and understand the perils of what might happen if tenants went bad and how to deal with it.

I guess the thread title appears to be just another example of the law being blamed for the LL's lack of knowledge.

G_M

A S8 Notice could be used at anytime if there are 2months rent arrears- why did LL not do this?

A S21Notice is a 'no fault' notice. No reason need be given to the court and the court has no discretion but MUST give the LL possession.

Yes, gaining possession via the courts can take a bit of time, and cost, and require bailiffs - but that is right & proper, toprotect tenants in their homes from unscrupulous landlords.

But this LL appears not to know the processes to follow.

(and I echo the Q - why start with a 12 month tenancy?)

Guest101

the title of this thread is very offensive, the law is there to protect tenants from terrible landlords, your friend didnt find out the laws and as got stung. thats his/her fault.

G_M

sarah_id1 wrote: »

Just talking to my office colleague who had a bad experience with her tenant. Long story short

...?

Is this the same collegue who is having difficulty with their BTL tax?

Oh, no, that was you ...

https://forums.moneysavingexpert.com/discussion/comment/62812829#Comment_62812829

And did you ever work out how

"tenants from hell" can just not pay rent for 6 or 7 month and still continue to live. If the tenant does not pay they just have to vacate.

back last January....?

https://forums.moneysavingexpert.com/discussion/comment/58691105#Comment_58691105