Section 21 and rent arrears eviction?
1 year ago | 22 comments
How to handle a nightmare tenant who needs to be evicted?
12:01 AM, 21st January 2025, 1 year ago
18
Hello all, I am in a bit of trap and struggling to find a way out.
When my ex-tenant wanted to move out back in 2022, he recommended a couple who were neighbours and willing to move in. It was easy for all of us, and since I didn’t have much experience as a landlord, I just drafted a single-page AST to start. At that time, I didn’t give the tenants an EPC or How to Rent guide (no gas in the property). I didn’t realise how important these documents were.
Since then, only on two occasions have they paid rent on time, and other than that, it’s always very late. Every few months, they started splitting the rent, so I only get half from them on two separate payments, all delayed at different dates. Every other month, they find an excuse to replace something and deduct the cost from the rent.
The worst of all, they cut down two of my three apple trees, uprooted a grapevine and a pear tree, saying excuses like the trees were blocking the sun and growing mould. I didn’t know how to react, I was just so shocked and upset.
I don’t know what to do, as I just want to get them out. Last September, I created a proper AST for 6 months to end in March 2025 and provided them with the necessary EPC, How to Rent guide, etc.
Last week, I asked for legal help to see if I could serve a Section 21 notice now, but after reviewing all the documents, the solicitor said that because I didn’t supply the EPC when the tenancy originally started back in 2022, I can’t rely on Section 21!
Also, Section 8 is out of the question because they pay, but it’s always late. I didn’t increase the rent at all, and it’s been the same as back in 2022.
I’m not sure what options I have. I’m thinking of demanding market rent when the tenancy ends in March 2025 on a new agreement, which might force their hand. I don’t think they will agree to a fair rent after paying so low for years. If they refuse to sign a new AST with the revised rent, could that be a good route?
Many thanks in advance for all your advise.
Basheer
Tags:
dealing with difficult tenants, Eviction advice, eviction legalities, handling problem tenants, how to evict a tenant, late rent payment, nightmare tenant, property damage by tenant, tenant eviction process, Tenant Issues
Comments
Have Your Say
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
or
Previous Article
Can I break my PSL lease due to a tenant's ASB?Related Articles
How do I increase my rent from a housing association?
1 year ago | 13 comments
How should we handle tenants’ belongings and mould after eviction?
1 year ago | 12 comments
Member Since January 2020 - Comments: 559
9:27 AM, 21st January 2025, About 1 year ago
You will be entitled to serve notice for a rent review to a market level. There is an appeals process, but as long as the rent your propose is market level you will be ok.
There is no requirement for the tenant to sign a new AST and you cannot make them; you do not need one to implement a rent review. You do need to use the correct notice of review, though – maybe get an agent to do it for you in light of your past issues.
Member Since October 2021 - Comments: 62
9:38 AM, 21st January 2025, About 1 year ago
You recognise to being a bit inexperienced so probably better pathway is to enlist the services of an eviction specialist. Don’t bother with solicitors, get the specialist onboard.
Member Since March 2023 - Comments: 1506
9:39 AM, 21st January 2025, About 1 year ago
First of all don’t use a solicitor as most of them do not have enough experience in the Rentals area to give the best advice.
Use an eviction specialist as they will have relevant experience (I have used Landlord Action in the past but there are others available).
Member Since July 2023 - Comments: 41
10:08 AM, 21st January 2025, About 1 year ago
Def consult with an eviction specialist. We used Legal for Landlords and they were brilliant at dealing with a very difficult tenant. Eviction specialists are experts and make sure all the t’s are crossed and i’s are dotted. They are also a damn sight cheaper than regular solicitors with fixed fees and a speedier timescale. Good luck ?
Member Since May 2016 - Comments: 1576 - Articles: 16
10:36 AM, 21st January 2025, About 1 year ago
@ Basheer, – do you know we give ( initial ) Free advice.
Member Since January 2025 - Comments: 20
11:13 AM, 21st January 2025, About 1 year ago
Reply to the comment left by Graham Bowcock at 21/01/2025 – 09:27
many thanks Graham!
Member Since January 2025 - Comments: 20
11:13 AM, 21st January 2025, About 1 year ago
Reply to the comment left by K Anon at 21/01/2025 – 09:38
Thank you very much
Member Since January 2025 - Comments: 20
11:14 AM, 21st January 2025, About 1 year ago
Reply to the comment left by GlanACC at 21/01/2025 – 09:39
thank you Glan
Member Since January 2025 - Comments: 20
11:14 AM, 21st January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 21/01/2025 – 10:08
thank you Caroline
Member Since September 2018 - Comments: 19
11:48 AM, 21st January 2025, About 1 year ago
Reply to the comment left by Chris @ Possession Friend at 21/01/2025 – 10:36
Chris supported me through an eviction with a very difficult tenant. His support and advice were first class.