Tenant gave notice, but won't leave. Also in rent arrears.

Countist

Hiya,

I'm looking for advice for my friend who rents a flat of hers out.

Firstly the tenant is in about 4 months rent arrears. He gave notice for the rather unbelievable (but true) reason that he was buying a house. So it seems he clearly had the money to pay rent and just decided not to.

The move out date is approaching this friday, and the tenant's new house he's buying isn't ready so now despite giving notice he's refusing to move out and says "no one can force him"

my friend has new tenants lined up who now can't move in. Is there anything she can do?

A quick chatGPT says she can maybe serve a section 8 notice to give him 2 weeks to get out, but even then he could still refuse right and she'd be forced to go through the courts for eviction?

So any advice on this situation would be really appreciated, and also advice and options on recovering the lost rent given he clearly has the money.

Is there any pressure legally she could apply to the tenant? it seems he's in an upstanding job (deputy headteacher) and wouldn't want to end up with some sort of financial black mark so is there anything she could leverage to help?

secla

you would still need to go to court for a possession order.

She should also look into how to claim double rent (mesne profits)

When you say new tenants lined up she hasn't signed a new contract has she ?

HillStreetBlues

Why not try a Letter before Action saying friend will seek a CCJ for non-payment of rent

BikingBud

Landlording by Chat GPT, there's novel!

Wonder how that stands up in court.

deannagone

The only way the present tenant can be forced to move out is by going to court.  There are no superquick answers here except speaking to the tenant and getting them to agree to move out.  But they are right, they can stay, even not paying rent until there is a court order granting possession, and then a bailiffs warrant.  Others will know more about this than me.., is there a way the LL can affect the new mortgage application because of the rent arrears?  I should imagine a last minute CCJ for rent arrears won't help the mortgage application process?  The landlord could phone the court and find out what the waiting time is for a CCJ to be processed.  Presuming the LL has the right paperwork and has proof of deposit protection, gas certificates etc.  I'm sure warning the tenant that a CCJ will affect any new financial arrangements might make the tenant more amenable to further discussions.  Although the LL will have to be careful to avoid 'blackmail' charges so can't go too far.  A solicitors advice would probably be helpful.

I am afraid signing up a new tenant was unadvisable in these circumstances.  Not sure what stage the new prospective tenancy was at so no one can advise without more information.

housebuyer143

Unfortunately your friend has been a light touch. No way should this tenant be in 4 months arrears. The second he got into two months arrears a section 21 and section 8 should have been issued and court proceedings should have commenced immediately. 

Hindsight is 20/20 though. She will know for future. 

So this stage all she can do is either bribe the tenants to leave, as in agree to wipe all the arrears if the tenant leaves. Tell them if they don't go by Friday then she will start court proceedings and will pursue them for the arrears plus court costs. 
I've had tenants leave in the past after such an offer, so if she wants to cut her losses that might be the way to go. Unfortunately if he refuses then there is no easy fix and she's probably going to have to start court proceedings and just wait for him to leave as his house is likely to be ready long before the court date comes about. 

HampshireH

Depending on how long their purchase is going to take the CCJ could scupper things for them.

I'd be very clear serve notice (no idea why the friend wouldn't have done this before now) and explain full process and outcomes/consequences in a simple FAQ attached to the notice.

That's no blackmail it's furnishing them with the facts

Countist

Ok so firstly thank you for all the responses. Just going through everything so

1) I'll look into mesne profits
2) I am double checking, but I think will she will have signed a new tenancy agreement. The new tenants move in friday and the agreement is normally signed further in advance than three days? (though this is just from memory, happy to be corrected)
3) So a letter of action is a warning letter that you will go to court?
4) It was mentioned signing up a new tenant was inadvisable, but he'd given notice isn't that completely normal to arrange new tenants in the notice period?
5) Unfortunately the tenancy is via a letting agent, who even more unfortunately disuaded my friend from taking action earlier (conflict of interest I guess, they still get their fees). The letting agents are saying there's nothing they can do currently

So I think it sounds like sending a letter of action basically today (with a section 8?) (is attached to an email fine, or does it have to be by post?). Saying that she will file for a county court judgement if he doesn't leave by friday to persue arrears and court costs, and this is may affect future financial and employment prospects, including the ability to get a mortgage (or words to that effect), and maybe try and say she understands his predicament but it's not her fault (good cop, bad cop?).

The reason I suggest being nice is his reaction to hostility just seems to be to batten down the hatches and act like a child but maybe that's ill-advised?

housebuyer143

Countist said:

Ok so firstly thank you for all the responses. Just going through everything so

1) I'll look into mesne profits
2) I am double checking, but I think will she will have signed a new tenancy agreement. The new tenants move in friday and the agreement is normally signed further in advance than three days? (though this is just from memory, happy to be corrected)
3) So a letter of action is a warning letter that you will go to court?
4) It was mentioned signing up a new tenant was inadvisable, but he'd given notice isn't that completely normal to arrange new tenants in the notice period?
5) Unfortunately the tenancy is via a letting agent, who even more unfortunately disuaded my friend from taking action earlier (conflict of interest I guess, they still get their fees). The letting agents are saying there's nothing they can do currently

So I think it sounds like sending a letter of action basically today (with a section 8?) (is attached to an email fine, or does it have to be by post?). Saying that she will file for a county court judgement if he doesn't leave by friday to persue arrears and court costs, and this is may affect future financial and employment prospects, including the ability to get a mortgage (or words to that effect), and maybe try and say she understands his predicament but it's not her fault (good cop, bad cop?).

The reason I suggest being nice is his reaction to hostility just seems to be to batten down the hatches and act like a child but maybe that's ill-advised?

I don't know if you need the letter before court action as that is what the section 8 is. I would either bribe him to leave (and I say this because how likely is it you even get the money back - because he might be there 6 more months - best to try and cut your losses) or just send the section 8 - agent checks house in 2 wks and then if he's still there you file for possession immediately. 

The agent should do the S8 but if not, it sounds like she would be best of hiring someone to do it because you can't just email it. 

I would eventually follow this up with a formal complaint to the agent because they should have advised her months ago to issue a S8 or a s21. They are the professionals and they have failed in their responsibility here. 

marcia_

Countist said:

Ok so firstly thank you for all the responses. Just going through everything so

1) I'll look into mesne profits
2) I am double checking, but I think will she will have signed a new tenancy agreement. The new tenants move in friday and the agreement is normally signed further in advance than three days? (though this is just from memory, happy to be corrected)
3) So a letter of action is a warning letter that you will go to court?
4) It was mentioned signing up a new tenant was inadvisable, but he'd given notice isn't that completely normal to arrange new tenants in the notice period?
5) Unfortunately the tenancy is via a letting agent, who even more unfortunately disuaded my friend from taking action earlier (conflict of interest I guess, they still get their fees). The letting agents are saying there's nothing they can do currently

So I think it sounds like sending a letter of action basically today (with a section 8?) (is attached to an email fine, or does it have to be by post?). Saying that she will file for a county court judgement if he doesn't leave by friday to persue arrears and court costs, and this is may affect future financial and employment prospects, including the ability to get a mortgage (or words to that effect), and maybe try and say she understands his predicament but it's not her fault (good cop, bad cop?).

The reason I suggest being nice is his reaction to hostility just seems to be to batten down the hatches and act like a child but maybe that's ill-advised?

 How long have you been a landlord? 

Countist

Housebuyer thanks.

You say it's not likely she'll get her money back, but given he's buying a house it's clear he has the money to pay it back, but you think court action to get it back would still fail?