Rent arrears soar leaving landlords struggling with shortfalls
2 years ago | 2 comments
How to deal with an uncooperative tenant in arrears?
12:02 AM, 15th August 2024, 2 years ago
5
Hi, I have a tenant in my apartment and he has been withholding the rent for two months, despite our best efforts to resolve a complaint that he raised.
The problem has been, that both my managing agent and the workman have had difficulty contacting him to arrange a visit.
We have also placed the property for sale with an estate agent and they are unable to contact him to arrange a visit. I also fear that if there is a prospective buyer wishing to view the property he might put a negative and discouraging view to them.
Our agent has a set of keys to the property but they tried to get permission from him to enter the property unsuccessfully as he’s proving to be uncooperative.
I’m unsure of how to proceed. Any advice will be much appreciated.
Thanks,
Jack
Tags:
difficulty contacting tenant, handling difficult tenants, Landlord advice, managing tenant dispute, managing tenant issues, property management problems, property sale challenges, property viewings with tenant, Tenant access issues, tenant complaint resolution, tenant in arrears, tenant rent withholding, uncooperative tenant
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Member Since July 2013 - Comments: 2002 - Articles: 21
10:09 AM, 15th August 2024, About 2 years ago
Make a money claim online against the tenant and if the rent is not paid, register a CCJ against him.
Act swiftly, with professional help, and serve a s21 notice while you still can.
Member Since January 2023 - Comments: 33
10:36 AM, 15th August 2024, About 2 years ago
Serve a section 8 notice which provides for 14 days notice to vacate. Allow 16 days to ensure adequate notice given.
Serve it on grounds 8,10 and 11 with regards to the outstanding rent. Ground 8 is a mandatory ground whereby the court must grant the order as long as there are more than 2 months arrears.
Grounds 10 and 11 are discretionary grounds just in case the tenant reduces the arrears to below 2 months before the hearing.
Also add in Ground 13 for the breach of tenancy obligations for failing to allow workmen access. You will if submitting to court need to evidence all attempts at access. follow up telephone calls with emails and/or letters which you can exhibit to a witness statement.
Member Since October 2020 - Comments: 1171
10:45 AM, 15th August 2024, About 2 years ago
If you’re selling with a tenant in situ then it seems unlikely that any offers would make it through to completion with an uncooperative tenant in arrears.
If you were planning to sell with vacant possession and haven’t begun proceedings to evict, then you’ve jumped too soon to list the property for sale. It takes the best part of a year to evict a tenant if you get everything right first time.
Member Since January 2015 - Comments: 1446 - Articles: 1
11:02 AM, 15th August 2024, About 2 years ago
As said above serve a s21 AND a s8 citing ALL the applicable Grounds.
It’s not clear if you are selling with the tenant in situ or with vacant possession.
If the former then why would anyone want to buy with a tenant already in arrears? If the latter what can a tenant can say to a prospective owner occupier or BTL to “put them off”. You as a landlord will not be part of the equation. The property would be surveyed by the prospective buyer so not a lot a disgruntled tenant can influence.
Member Since September 2019 - Comments: 25
8:01 AM, 17th August 2024, About 2 years ago
As as already been said, notice seeking possession is a step forward, but be mindful that some tenants will know and play the system and it’s very possible you may not regain possession for many months
Mediation can be helpful in these situations, although the tenant may be refusing to communicate with yourself and the agent, more often than not they will communicate with a mediator
Personally I have completed over 500 landlord and tenant mediations and the majority of those started with the tenant not communicating with LL or agent, but are happy to offload to a mediator
Mediation is faster and cheaper than eviction and may well get you to a solution quicker than you think