Help – Tenant not moving out and claiming extreme hardship!

What a horrible situation for you and the tenant, I hope you find a solution soon, I have no advice. On the face of it this shows how hard it has become to be a LL. Over the last 45 years I have let my main home on a few occasions while working abroad. The tenants knew I’d be returning eventually and we parted on good terms. These days I’d not be prepared to rent out my home while I was away for fear of finding I couldn’t move back again without this sort of nightmare scenario. If ‘accidental’ LLs can’t get their property back, particularly if the tenant stops paying rent, it’ll result in homes that could be available being left empty, further depleting supply. As well as letting my main home while away, I have also had ‘BTL’ properties and, fair enough, that is different, it’s set up as a way to generate an income, but I have still wanted my property back eventually so I could renovate/develop and sell it. I have great sympathy for the affected tenants, particularly if the LL decides to evict really quickly, like at at end of the first 6 months as the tenant will have had costs and put in a lot of effort, that’s very stressful and as a LL I’d be happy with the option of longer minimum tenancies. However, it seems that the risks facing huge numbers of ‘small landlords’ and ‘accidental’ landlords are too great to be worth it now, presumably what the government intends. But, nobody wins.

Where rent is unpaid regularly serve rental statement detailing rent owed and the mounting interest on the rent that he now owes you.
Go the section 8 route and make sure your grounds include ALL legal grounds
ie you want to move back into the property
rent arrears over two months AND
habitual non payment /late payment of.rent
the second means he can’t escape eviction by paying it all off just before the case

Make clear you will pursue in full back rent , interest owed on it , all and legal fees incurred.

And for the future always do referencing that checks for CCJ’s and ask the tenant to sign a piece of paper saying they don’t have CJ’s outstanding debts etc . That piece of paper could be very useful if you later find out they were dishonest.

Reply to the comment left by Jan at 16/09/2023 – 09:56
If I could agree with this statement more than 100% I would do it.

In this case as I understand the situation from the limited facts available the property is the owner’s principle private residence and the owner is having to find alternative accommodation whilst continuing to pay a non-buy-to-let mortgage because the (Squatter?) is refusing to move out.

At the end though the only way that we would be able to judge the rights and wrongs of this is if we knew what the “the specific wording he [the judge] found in our contract” was.

Reply to the comment left by Happy housing at 12/09/2023 – 10:15
Have to agree. The courts are beyond incompetent; some might say corrupt. Judges appear to be politically left-leaning. It says something when landlords are better off paying feckless tenants to leave instead of using the courts. But the supposed just and fair court system no longer exists.

Reply to the comment left by TJP at 17/09/2023 – 22:59
So what happens to a hb tenant if you do not renew the agreement? Do all there benefits stop?

Reply to the comment left by Happy housing at 18/09/2023 – 05:12
I wondered about that myself. I lknow for a fact that HB is separate from all other benefits a tenant may get, so they wouldn’t be affected. Its entirely up to the tenant as to whether the HB is applied to the rent, and will only show up in the regular reviews and confirmations of income requested by the Housing Dept. For that reason, I can’t think that the Council would ever advise not to pay the rent – but that’s not the same as advising to “stay put” at the expiry of Notice to Quit.

No but UC ask tenant for tenancy renewal every year.

Reply to the comment left by Happy housing at 18/09/2023 – 11:33
But the tenancy hasn’t been renewed in cases like this – it’s still on the same terms as the original, but now on a rolling periodic basis (or something). The tenant won’t leave, but the rent is still due regardless (same as council tax, utility bills etc).

Yes but my question is If a landlord does not renew a UC tenancy agreement, and there asking tenant for a renewal contract which they do. What happens in this situation? Does all the UC payments stop for Tenant?