How best to cleanly and amicably remove tenant after 6 month AST?

by Readers Question

3 years ago

How best to cleanly and amicably remove tenant after 6 month AST?

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How best to cleanly and amicably remove tenant after 6 month AST?

I have two tenants (a retired old lady and her son) in my flat with 3 months left on an AST, who I kept from a BTL purchase three months ago.amicably

We had a new AST shortly after the purchase completion, but only leaving his mum on the contract, as he claimed he didn’t live there permanently. Her son keeps managing all matters with me, as she doesn’t speak English etc. but he does live there most of his time in UK.

The AST has a 6 month break clause with two month notice, with close-to-three month-rent deposit.

There aren’t major problems, but he never managed to setup standing orders(breaking AST), never giving ASAP notice for repairs (breaking AST). He shows aggression, poor communication and a rude attitude treating me like his servant etc.

Recently he refuses to make phone or applications for a government backed free boiler scheme. etc, after reporting heating from boiler not working two months later and being instructed by me to do a free boiler application.

I now want to consider evicting them out of the property, as they are very difficult to work with on a reasonable level and have an inappropriate attitude and manner.

If I do give them section 21 they may choose to stop paying the rent, and then I only discover they are not out in two month times, then court procedure kicks in which takes another two months also, they may be aggressively damaging the property etc. However I do have close to three months deposit in my hand to cover the period.

So what would be your recommendation in such situation? I’d very much like a clean eviction with as little trouble as possible, more importantly as soon as possible too.

I believe if I wait for them to leave naturally, they will stay for years to come, which I don’t want to live with.

Look forward to your advice.

Many thanks

Mike



Comments

Luke P

3 years ago

Welcome to the world of BTL. Let us all know when you find out how!

Joking aside, it appears you are looking to insulate yourself against different eventualities, which is very sensible, but unfortunately whichever way you choose to play it, if they choose to be difficult then you will be in for a rough (potentially expensive) ride, because that's how the process and the system are.

If you accept it will cost you whatever, then perhaps offer them a 'sweetener' to go of their own accord sooner...

Dr Rosalind Beck

3 years ago

I think it is worth sending them a letter explaining the things you are not happy about (although someone here may say you shouldn't for legal reasons). I find sometimes if you give someone a good talking to they start behaving themselves. Some people have been brought up to be rude but can be brought into line. I would also say part of this is he has to agree to put in the boiler application - but I would fill it all in for him and just get him to sign it - it might be the thought of the paperwork that is serving as the block.

Neil Patterson

3 years ago

Hi Mike,

You also told me that the tenants did not inform you that the boiler was not working for the last 2 months and that, because of this the breakdown cover was invalidated.

How did the tenants know the boiler was not working if they weren’t using it in the last 2 months?

Then if they now find it not working, but they now need it surely it would be very harsh for the breakdown cover to say it is not covered if this is the first time it is required.

I would speak to the breakdown company and explain this and see what they say.

If the tenants make it an issue with the breakdown company they are only causing problems and delays for themselves.

Without discussing it amicably I don't know you can force anyone to apply for a free boiler especially if you then serve a section 21.

Mike Amapola

3 years ago

Reply to the comment left by "Neil Patterson" at "22/09/2015 - 13:38":

I was under the impression that the 'free' boiler scheme had ended. It seems that a less than generous 'Green Deal' scheme was being put in it's place.
As regards the other matters, talking to the tenants about the situation is always a good idea. However, if this is not possible put all communications to the tenant in writing. If that dosn't work go for the section 21 - if all your paperwork is correct. It's better it costs you something now rather than living with this situation for months & months and it still costs you at the end of the day. Good luck.

Claire Smith

3 years ago

If there are only 3 months left and it would take you 2 months notice to get them out under a S21, it may be worth hanging on a month then telling them that you will not be able to renew at the end of the AST.
Make sure that you give them the details for the boiler application again, with a polite request. If they then complain that the boiler isn't working, explain that you are waiting for the replacement from the form that they were asked to complete. They should get the message!

Mike Amapola

3 years ago

Reply to the comment left by "Claire Smith" at "22/09/2015 - 16:26":

I think that's a good idea Claire, but would add to be sure to serve the section 21 in time to give them at LEAST 2 months clear notice before the end of the six months of the Tenancy.

peter thomson

3 years ago

I had a similar situation with some Czechs very clean but similar problems with commuiction I expected to struggle even with a section 21 pending. Alarm bells rang when the claimed to have no money for the electric meter, only to find lights on on the evening. After a visit from British Gas they abandoned the property in fear of being prosecuted. Little did they know B G would have changed the meter and not prosecuted. It may be worth considring.
They left my property with arrears a bond and furniture which was never claimed.

Richard York

3 years ago

"He shows aggression, poor communication and a rude attitude treating me like his servant etc."

I don't condone being rude, but I do think realising he is a paying customer is important.

"Recently he refuses to make phone or applications for a government backed free boiler scheme. etc, after reporting heating from boiler not working two months later and being instructed by me to do a free boiler application."

... So you're treating him like a servant now by instructing him to do things? He really is under no obligation to do this, but you are under an obligation to fix the boiler.

Frankly, I don't think there is any way to issue a section 21 "cleanly and amicably". How would you feel if someone removed you from your home? Just go ahead and do it as a business decision. It sounds like you are justifying it to yourself. Just remember you're kicking someone out of their home. You don't mention how long they've lived there in the past.

And if they're paying rent on time - even if not by standing order - and looking after the property, what's the problem? You could get far worse. Don't let your ego get in the way of a rational business decision and evict them because it sounds like you haven't clicked with them. They don't have to be your friends.

Jerry Jones

3 years ago

This is why I use good managing agents - relationships with tenants then get filed under "not my problem" and they should understand the culture of the area.

Rod

3 years ago

Do you really want them out? If you bought for BTL reasons and rent is being paid then count your blessings and keep 'em sweet! I too, thought free boiler scheme had finished.


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