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
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Member Since September 2024 - Comments: 95
2:22 PM, 21st January 2025, About 1 year ago
Reply to the comment left by Caroline Crute at 21/01/2025 – 10:08
How much did they charge?
Member Since July 2023 - Comments: 41
9:46 PM, 21st January 2025, About 1 year ago
Reply to the comment left by Godfrey Jones at 21/01/2025 – 14:22
I can’t remember exactly, but each stage was paid for separately. Eg the S21 first, then the court proceedings when she didn’t vacate. I’m pretty sure that the latter was roughly £1300 but can’t swear to it. All I know is that it was much cheaper than a regular solicitor quoted. It’s the bread and butter of eviction specialists so they crack on with the procedure. The solicitor we had in court was great, we didn’t say anything
Member Since December 2023 - Comments: 31
7:12 AM, 23rd January 2025, About 1 year ago
As you mentioned you don’t have much experience, I would suggest educating yourself so you don’t end up in this mess again.
A good start is the book How to Be a Landlord by Rob Dix. It goes through all the legal requirements and he provides updates on his web page when things change.
Join the NRLA, which gives you access to template documents.
It also sounds like this used to be your home and you still have an emotional attachment to it. This is a bad thing. You really shouldn’t care if they chopped a tree down or uprooted a vine – it is their garden.
The fact that you are trying to evict them for doing this, when you never put anything in the agreement forbidding it kinda makes you the bad guy. You are trying to no fault evict tenants who haven’t met the requirements for fault eviction. Of course, at the moment you have the right to do this, but no fault evictions will soon be banned – rightly so in my opinion.
Really the only thing the tenants have done to potentially warrant eviction is deduct repairs from the rent without consent. This is also a problem. What have they done? Have they used tradespeople? Do you realise that only the tenants, not you, have any grounds to go back to those tradespeople if the work is poor quality?
It’s good that you accept that you lack knowledge, but now you need to decide to either gain the knowledge and treat this as a proper business, or this will keep happening.
Member Since March 2023 - Comments: 1506
7:58 AM, 23rd January 2025, About 1 year ago
I have an arrangement with several tradesmen (Plumber, electrician, roofer and general handyman) so that if any of my tenants need any repairs they HAVE TO contact one of the tradesmen who will asses and fix if required and bill me direct.
NEVER let the tenant arrange fixes himself.
I also send out maintenance request forms every 4 months which the tenant must list any minor NO URGENT repairs and SIGN the form so I can get them scheduled in.
This way you cover yourself against complaints of non maintenance.
Member Since January 2015 - Comments: 1450 - Articles: 1
8:12 AM, 25th January 2025, About 1 year ago
Serve a S8 Ground 1 and sell the property.
If you continue in this business join Pims.do.uk
I have no connection to Pims.co.uk other than being very very impressed when I had a tenant from hell some years ago.
Member Since January 2025 - Comments: 1
5:19 PM, 29th January 2025, About 1 year ago
Not serving an EPC at the outset of a tenancy is not fatal to a s21 claim, you just need to serve a valid one before a s21 notice is served. I recommend you serve an EPC and current How To Rent Guide and get evidence of receipt by your tenant.
Member Since March 2023 - Comments: 1506
8:51 AM, 30th January 2025, About 1 year ago
I had (still have) a tenant where the local council pays part of the rent to her. As such, they checked the EPC on my property and although it was an E it had expired.
They sent me a threat that they ‘might’ take action if I didn’t get it renewed withing 30 days and pointed out the EPC had to be served on the tenant when she signed the AST.
I subsequently told them that the EPC had in fact been served on her when she moved in 4 years previously (she signed to say she had received it), and that as long as the tenant hasn’t changed an expired EPC was not an issue as the EPC is only required by law when a tenant moves in.
I told the council to get stuffed and asked them to show me which law or bylaw they were acting on. Never heard anything since and that was 2 years ago. Councils are jobsworths and seem to be acting on preserving their own existance.
Member Since January 2025 - Comments: 20
9:20 AM, 30th January 2025, About 1 year ago
Reply to the comment left by Lisa Blythe at 29/01/2025 – 17:19
Many thanks Lisa,
This is exactly what i was looking for, yes with all advises i gathered from various sources, it is comforting to know that, not providing EPC and H2R guide at the beginning is not fatal as you mentioned. It is ok so long as served before or along with S21. Otherwise, i cannot imagine having them for rest of my life with problem after problem every month.