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10:06 AM, 15th April 2020, About 4 years ago 78
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How can landlords deal with anti-social behaviour by tenants?
Private landlords have very limited power to take action against tenants in such matters, and our main form of deterrent (or eventual remedy) was the threat of eviction. Tenants know that this is can be a long process, so it is unlikely to change their behaviours, particularly if their behaviours are due to alcohol dependency and/or mental health issues.
Reality Check:
The Government (as part of it’s Covid 19 response) has now limited still further, the ability of the landlord to evict, by extending the Notice periods, and closing the courts and bailiff services, thus creating a situation where tenants are pretty much able to do whatever they like and landlords are completely powerless to do anything about it. This is well publicised across social media, so all tenants know this. The Notice periods are now 3 months. The courts will have a massive 3+ month backlog of cases to deal when they eventually re-open.
Likely timeline?:
In the unlikely event that the courts all re-open on 1st July (with a full complement of staff), they will have a 3+ month backlog of cases before they can start hearing new cases, so:
– if I serve 3 month eviction Notice this week (lets say 20/4/20 as the date of service),
– it would be 21st July 2020 before I could even apply to the court for a possession hearing,
– court (in my area) usually take 6 weeks for a hearing date, so add on the 3 month backlog, that means the hearing would be listed for early December,
– if court grants the possession on the first court hearing date (so no adjournments) the court gives the resident 14 – 28 days to move out, so that takes us into early January 2021,
– if the resident does not move out on the ordered date, I then have to apply to the court for bailiffs to physically evict them, this usually takes 6 – 8 weeks, so adding on the 3 month backlog this would give an actual eviction date of sometime in May 2021.
This 13 month eviction process appears to be the reality that all private landlords are facing, AND assuming the Covid restrictions are actually lifted on 1st July, and everything starts working at the same rate, and in the same way as previously.
If the restrictions continue beyond 1st July (as they may), and some processes will change (e.g. introduction of a pre-action protocol), and things will take longer to get back up and running at a pre-Covid rate, then the 13 month timescale mentioned above is perhaps over optimistic.
Based on the issues mentioned above, apart from us sending rent reminder/anti-social behaviour letters and 3 month eviction Notices to the residents, I don’t know of anything else we can legally do to resolve issues such as non-payment of rent or anti-social behaviour.
In the case of anti-social behaviour, it would be no good trying to explain to suffering neighbours the 13+ month likely time period before we could evict, as they may then decide to take action of their own to get the residents to move out by force, and I certainly don’t want any residents being threatened or attacked, or the property being targeted for damage.
In the case of tenants choosing to not pay the rent, while this would leave them in debt, if they have no assets, no employment, and no rent guarantor (with assets), then there is no realistic way to get the rent debt paid (unless it can be done via Universal Credit, but that generally requires tenant co-operation, and can only be done during the tenancy not after eviction or tenant moved elsewhere). This is likely to put many landlords out of business.
Am I missing something?
Are there any legal ways to deal with the anti-social behaviour and non-payment of rent issues mentioned above?
I am open to reasonable suggestions if you can think of any?
Robert
Previous Article
Hit with a 9 month Rent Repayment Order from my Tenants?
Ingrid Bacsa
19:21 PM, 17th April 2020, About 4 years ago
Reply to the comment left by Antoni at 16/04/2020 - 20:13
Dear Anton
I have just sent you 2 emails, one with Shelters explanation and one with Citizens Advice. Clearly you are in total control here. Dont put up with her. If the law was on a lodger's side i would have been thrown out of my own home by now by the lodger . Obviously you are 100% at liberty to deal with abusive lodgers. Best wishes.
Antoni
20:13 PM, 17th April 2020, About 4 years ago
Reply to the comment left by Ingrid Bacsa at 17/04/2020 - 19:21
Thank you so much Ingrid. I haven´t received the emails yet (I also checked spam folder). I´ll give to my address again
tonalca@hotmail.com in proper format.
Ingrid Bacsa
23:24 PM, 17th April 2020, About 4 years ago
Reply to the comment left by Antoni at 17/04/2020 - 20:13
Ok i will resend. I put a mistake in your email i think.
Ingrid Bacsa
21:15 PM, 18th April 2020, About 4 years ago
Reply to the comment left by Ian Simpson at 18/04/2020 - 12:23
Best of luck. You are doing what most small landlords are going to be doing ... all fed up with having no voice and even less control over our business i'm putting a resident "landlord" in all of my properties from now on. That way any tenants will only be "lodgers on licence".
Meanwhile this country will eventually return to feudal systems because the only landlords that can withstand the constant financial strain and bullying and overwhelmining tenants' rights will be rich fatcats that own outright at least 50 rented properties each. When it reaches this stage I guarantee landlord laws will be very relaxed to cater to these powerful millionaires . Tenants needs will then become less of a priority.
Chris @ Possession Friend
21:48 PM, 18th April 2020, About 4 years ago
Reply to the comment left by Ingrid Bacsa at 18/04/2020 - 21:15
Maybe, but not necessarily.
Ingrid Bacsa
22:50 PM, 18th April 2020, About 4 years ago
Reply to the comment left by Possession Friend at 18/04/2020 - 21:48
Government have made it quite clear that landlords will continue to be increasingly exploited and demonized as we are the easiest group to extort income from at a worthwhile level because we small landlords dont have a way to defend ourselves. Fatcat landlords will reap the benefits in the end. I thought it was just moi but have read very many disgruntled despaired landlords' cries in this 118 stream. Very comforting!
Chris @ Possession Friend
23:13 PM, 18th April 2020, About 4 years ago
Reply to the comment left by Ingrid Bacsa at 18/04/2020 - 22:50
If I can offer any optimism, I think it will get worse before it gets better. But I do see housing becoming so much of a burden on L.A's that we'll see a return to ex-gratia payments for Landlords taking a tenant on benefit - to get them out of LA Emergency accommodation. Have a look at my full article - Landlords and Corona - Free Advice on my facebook page
Ingrid Bacsa
0:01 AM, 19th April 2020, About 4 years ago
Reply to the comment left by Possession Friend at 18/04/2020 - 23:13Ok thank you friend. Right now i do not feel optimistic tho. I had benefits tenants for years. Never paid top ups and housing benefit rent allowance is way below standard rental charges. The Council always backed up a bad tenant too. I remember going in to see them because a tenant in one of my rooms was locking himself in his room, smoking and drinking vodka and not paying me. They asked me my address. I told them. They replied: "well you had better leave him alone because if you bother him or touch him we know exactly where you live! " Unbelievable. They just are told to keep homeless numbers down at all cost! I actually went home and took a hammer to his door bashing it several times (and damaged it) ! He was so scared he left the next day. Any future tenants for my houses will most certainly be under licence and have a live in landlord to beat the government's one sided regs. Abuse and they are out - very simple and legal if under licence agreement. Paying Council Tax on each property will be cheaper than providing do as you please shorthold tenancies.
I will check.out your FB page thanks.
Clint
21:45 PM, 19th April 2020, About 4 years ago
I am about to fill the new (Prepared for Covid 19) Form 3 section 8 notice however, I am rather confused as to how fill in section 3. I used to just write down in the past each of the grounds which are grounds 8, 10 and 11 where I would write what each ground was.
Now it has added ...........I must pay my rent........ which has totally confused me. As one know, the application can be thrown out at the hearing if, the form is filled in wrongly. Would very much appreciate help from anyone with this.
Luke P
22:54 PM, 19th April 2020, About 4 years ago
Reply to the comment left by Clint at 19/04/2020 - 21:45
Looks to me like it’s not meant to be there and (yet another) civil service error…just like the H2R Guide being altered without the version number/date being changed. Wish we could throw them out for such errors!