Fair Rents (Scotland) Bill or Artificial state manipulation of free market rent?10:34 AM, 6th November 2020
About 4 weeks ago 36
I thought I’d share my recent experiences of a “Tenant From Hell”
We often take on properties from landlords who have problem tenants, usually leaving us the legacy of sorting them out. Because I practiced as a Landlord & Tenant Lawyer, I head up (and personally oversee) all evictions at NPG which means we don’t have to outsource the process and we can move very swiftly.
Here’s one recent example…
The tenant was causing regular problems, such that both the Police and the local Council harassment team had requested that they be evicted. They were 3 months in arrears when we took over the management.
Most people would rush to eviction based upon the rent arrears ( Section 8 ) – but I have long since learned that a tenant can easily stall and delay on these ground by arguing about spurious repairs, or disputing the rent amount. For that reason, I always seek possession on Section 21 grounds, which, as long as the action is correctly served, can never be defended.
Sure enough, the tenant turns up at court and disputed the arrears by claiming that unrecorded payments had been made to the landlord. Ordinarily, this dispute would have delayed the process. However, I had briefed our solicitor prior to the hearing that if this should happen, he request that the arrears dispute be dealt with as a separate issue, and we should proceed separately on the possession claim on Section 21 grounds.
This outflanked the tenant and possession was granted. To rub salt into the wound, we also got a possession order in 14 days – the shortest possible time permitted.
Needless to say the landlord was happy that his nightmare is over.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agentsLearn More