Tackling problem tenants – act quickly to secure the right outcome

Evictions:

2019 has been a testing year for landlords, with consultation on the abolition of Section 21 legislation, the “rogue landlords” database and extensive media attention on assured tenancy. The focus has very much remained on tenant rights, while, conversely, landlord rights appear to be taking a back seat. Add to the mix Labour’s unhelpful and inflammatory proposals around the sale of rental properties to tenants at sub-market rents and the result is an unpleasant environment for landlords.

When it comes to dealing with problem tenants, we regularly handle cases whereby landlords have failed to act quickly enough. In recent months, this has worsened – thanks to media demonisation of landlords, some are wary of evicting tenants that cause damage, fail to pay rent or break their tenancy agreement for fear of being criticised.

Instead, they attempt to salvage the situation, at best kicking the can down the road and at worst exacerbating tensions.

Rent arrears are usually the first visible warning sign, yet we are finding that landlords continue to delay before taking action. We recently helped a landlord whose tenant racked up arrears of circa £29,000 – along with very significant damage.

The faster action is taken, the sooner you will regain control of your property.

Issuing a Section 8 notice is the most effective route to secure the eviction of a problem tenant, although it’s important to be clear on the situations that do and don’t warrant eviction. The most common issues are rent arrears, damage and nuisance behaviour, however circumstances do vary. On occasion, we see cases where several issues coexist, creating a major headache for the landlord and making speedy action even more vital to avoid repair costs racking up.

This month alone, we’ve seen a variety of Section 8 cases, with tenants arrested for anti-social behaviour, GBH and domestic violence, through to rent arrears and more unusual cases, such as large sports equipment being erected on public right of way outside the property.

There are many scenarios that warrant the lawful eviction of a tenant, including repeated failure to pay rent on time, neglect or damage of the property, nuisance behaviour, use of the property for illegal or immoral purposes, receipt of a criminal conviction, or unauthorised pets living within the property.

Once landlords make the decision to seek the legal eviction of a tenant, it’s vital to avoid mistakes – some of which could have significant repercussions and could derail the case. Communicating with a tenant is a good example – while for some, particularly younger landlords, it will seem natural to use social media to contact a tenant, Facebook, Instagram and Twitter should always be off limits. A letter should be the first port of call, followed by an email if that should fail. It isn’t unheard of for a landlord to be accused of harassment where care hasn’t been taken to limit communication to acceptable channels.

A thorough record of events, along with photographs, is important – it will prove invaluable should court intervention be required. Paperwork and records should also be stored carefully to avoid cases encountering issues due to missing documents. In the past, we have helped landlords and agents when cases have gone awry due to paperwork not being in order – the last thing a landlord needs is to end up back at square one.

Once a Section 8 notice has been issued, notice period for tenants can range from as little as 24 hours, to as much as 2 months – the notice period will depend largely on the reason for the eviction and those living at the property.

It’s important to seek legal advice to ensure that eviction of problem tenants is achieved as swiftly as possible, which will help to prevent additional damage to the property and limit stress as much as possible.

Despite the media depiction of landlords, the law does have the teeth to protect landlords where tenancy agreements are broken – the key to achieving the right outcome is acting quickly. Don’t delay and wait for the problem to worsen.

By Sim Sekhon, MD of LegalforLandlords

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