A Tenant from Hell – And a Landlord’s Revenge!

by Glenn Ackroyd

9:01 AM, 28th October 2011
About 10 years ago

A Tenant from Hell – And a Landlord’s Revenge!

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A Tenant from Hell – And a Landlord’s Revenge!

Glen Ackroyd photoI 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.

Comments

22:14 PM, 19th March 2013
About 8 years ago

My tenants were give two months' notice to vacate my flat with a Section 21, from the property letting agent. They are now refusing to move out, and say they are well aware there will be court action. Charming.

This leaves me homeless for weeks. Maybe months. I also have to pay legal fees. And, I dread to think, the mortgage as well.

All this has made me so sick of being a landlady that I am thinking to just put the flat in the market right now (even with the tenants still refusing to budge).

Good idea or bad idea, brains trust?

And does anyone have a spare sofa while my tenants enjoy their legal right to my flat, which I worked so hard to buy?

!!!!!

20:55 PM, 20th March 2013
About 8 years ago

Go through the pain of eviction and then obtain tenants on whom you have a RGI policy.
It will take about 9 months to evict this tenant; they clearly know how to work the system.
They will make a fortune out of you as they won't be paying you the rent.
If you don't pay the mortgage your property will be repossessed.
Then what!?
Yours is a classic example of why LL should have a tenant on whom a RGI policy is in place.
Without RGI the tenant controls the tenancy.
Of course they might pay the rent until evicted to avoid a CCJ; that way their credit files remain clean!
You are hardly likely to do a CCJ for the court expenses!
You need to find a friend who might assist you to live rent free at their property!
Remember RGI is a great panacea for continuance of being a LL and it only costs £99 per year.
Make sure you advise them that you WILL be registering them with landlordreferencing.co.uk and tenantid.co.uk as BAD tenants.
I have been in a far worse position than you and have and am still suffering as a result of NOT having RGI on my tenants.

Richard Kent

20:39 PM, 22nd March 2013
About 8 years ago

@Paul Barrett

I liked your comment that read.....

"Hope you have enough resources to pay the mortgage and thefts and damage at the property"

I used a Section 21 for previous tenants and got them out. They caused £12,000 of damage to the property.

Don't waste your time with a Section 8.

My advice to landlords is ensure you have in place Landlords insurance with legal cover and cover for malicious damage by tenant. Additionally insurance to cover loss of rent.

I sold my BTL property and I'm much happier for it.

16:02 PM, 4th October 2013
About 8 years ago

I have served a section 21 on my tenant, with the legal 2 month's notice. The day the AST ended they simply refused to leave. I now have had to complete a N5B to county court to have them removed. This has cost me £175 court costs already. Plus there will be a court appointed baileif fee probably. Simply serving the section 21 within 2 month's to go is stil not enough to get your property back.

David Sweeney

13:01 PM, 5th October 2013
About 8 years ago

Reply to the comment left by "kevin " at "04/10/2013 - 16:02":

This is quite correct Kevin - the section 21 notice is just the first stage, it gives the tenant a warning that you will be applying for possession and it is not a 'Notice To Quit' (such a thing does not exist in an AST). The court element is an important safety net for the tenant as it ensures that the landlord has done everything correctly - your tenant still has a valid tenancy until an order made by the court is enforced.

However, you do have the option of having the court order the tenant to pay you the £175 if your possession claim is successful - it is usually granted - and the £110 fee for county court bailiffs can also be recovered from the tenant.

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