Selling a HMO property with tenant in arrears?

Selling a HMO property with tenant in arrears?

9:37 AM, 2nd February 2026, About A week ago 8

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I am in the process of evicting an HMO tenant and have been told that even if we get a possession order, it can take a year, and he’s already 5 months behind on his rent. If only the arrears were the worst bit!

With that in mind, I have a couple of questions:

  • If I sell, would it still take up to a year?
  • If so, am I still required to pay the bills while I wait a year? In my mind, they are now squatters after the possession date, but with our laws, who knows?
  • As a single family, they can run up utility arrears, but all the bills are in my name.

Surely I can’t be responsible for paying for people illegally in a property, can I?

Has anyone had a similar situation?

Thank you in advance,

Tony


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Marlena Topple

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Member Since July 2016 - Comments: 164

9:58 AM, 2nd February 2026, About A week ago

Do you have other tenants that are paying rent at the property? Or is this the only person living there? If it is just one person left I would contact the utility companies and try to have bills put in that person’s name. I have successfully done this with a group of students in an HMO but I had a clause in my tenancy agreement which allowed me to do that if there was excessive usage. If you have vacant rooms I personally would fill them to help with running costs. I would also get any work done in communal areas to help with marketing the property for sale or rent. I would also try to do a deal with the existing tenant to get them to go on the basis that this might be the cheaper option in the long term. Good luck.

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Tony Clements

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Member Since February 2020 - Comments: 20

12:58 PM, 2nd February 2026, About A week ago

Reply to the comment left by Marlena Topple at 02/02/2026 – 09:58
Thx for the reply. There are 4 tenants total. If I as much as enter the house he’s on me as being unannounced. It’s a HMO so communal spaces are not his and 3 of the last 4 visits were because of him. If I approach or dare to knock on his door he’ll call the police. Maybe l should do it more often so they get fed up with him.

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DPT

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Member Since October 2020 - Comments: 1106

14:47 PM, 2nd February 2026, About A week ago

Reply to the comment left by Tony Clements at 02/02/2026 – 12:58
If you have a possession order it should not take a further year to get a warrant and bailiffs to attend. More like 2-3 months usually, although I know its worse in some areas.

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Freda Blogs

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Member Since July 2013 - Comments: 747

14:59 PM, 2nd February 2026, About A week ago

I would encourage you to announce your visits in advance – not necessarily 24 hours – as you say, the common areas are not for tenants’ exclusive possession. It is good practice though, and your good manners benefit all tenants, not just the offender. The house is their home and if the roles were reversed, you would not want your LL calling in unannounced on your day off whilst you’re lying around the lounge in your PJs!.

On your specific query – are these 4 unrelated tenants? Is there a fair usage utility policy and/or are the utility bills included within the rent at a specific figure? Or are the rooms separately metered? If not, I doubt you could, or would have any basis to, put the utilities in a single name.

You could still sell with the tenants in situ, even if one is in arrears – as long as you shared payment records with the purchaser, including if you sold by auction. The new purchaser may adopt a different attitude towards the offender.

Alternatively, making a cash payment or offer to forgive arrears can work as an incentive to get them out (however galling that may be). It could stem further losses and the problem would be gone.

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David Coughlin - Landlord Sales Agency

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Member Since June 2020 - Comments: 22 - Articles: 160

14:03 PM, 3rd February 2026, About 7 days ago

Hi Tony,
Unfortunately, what you’ve been told isn’t wrong — possession can drag on, and arrears are often only the start of the pain.
A few practical points from seeing this play out many times:
1. Carrot and stick usually works better than stick alone
If you’re proceeding under Section 8, consider a clear written offer alongside it:
• For example, £500 paid on vacant possession if they leave by an agreed date. I did this on one of mine recently even though it’s a bitter pill to swallow paying a tenant in arrears! Not worth the ongoing hassle to draw it out
• Make it explicit that this avoids a County Court Judgment, long-term credit damage, and an enforceable debt record.
Many tenants don’t fully grasp the consequences of a CCJ until it’s spelled out calmly and clearly.
2. Don’t let one tenant sink the whole HMO
If other occupiers are paying, keep collecting rent from them as normal.
This helps cashflow and also demonstrates you’re acting reasonably and proportionately if matters end up before a judge.
3. Communications matter more than most landlords realise
Do you have a thorough letting agent or solicitor handling correspondence?
A good “good cop / bad cop” approach often works best:
• You stay factual and calm
• The agent/solicitor is firm, procedural, and relentless on compliance
Poor or sloppy letters can easily add months.
4. Pressure-test your legal team – what is their recent success record (my solicitor is 100% and you can have their details if you like)
Ask your solicitors bluntly:
• Are they 100% confident the notice is valid?
• Correct ground(s), notice period, service method, paperwork, licence position, etc.?
Small technical errors are still one of the biggest causes of delay.
5. Yes, you can sell — but price will reflect reality
You can sell with one non-paying tenant in situ, but any informed buyer will usually assume:
• Up to 12 months lost rent
• £3k+ in legal and eviction costs
• Risk and management time
That doesn’t make it unsellable — just priced accordingly.
On the bills point:
Until you have vacant possession, suppliers will usually pursue whoever the account holder is, even if the occupation is unlawful post-possession date. It’s unfair, but it’s the current reality — another reason to focus on speed and incentivised exit rather than principle alone.
You’re definitely not alone in this — most experienced HMO landlords have the scars to prove it. Including myself
Hope that helps, and good luck getting this resolved.

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Simon F

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Member Since October 2020 - Comments: 192

5:46 AM, 4th February 2026, About 6 days ago

Use an Eviction specialist solicitor. It’s upfront cost but saves time, money, and stress overall. Your nearest local landlords association should be able to point you to one with a decent record serving your area.

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Tony Clements

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Member Since February 2020 - Comments: 20

14:08 PM, 4th February 2026, About 6 days ago

Thx for the replies. With a years free accommodation I can’t see offering money will help. Yes we pay all the bills. Being unannounced 3 of the last visits were because of him. There is a house WhatsApp page for info but he removed himself. His number changes like the weather so informing him is not straightforward as never know if the number I have is current. Nobody else talks to him anymore either. The only girl is scared of him. He is permanently drunk which is where his UC is going. We own next door and he has had altercations with 4 of those as well. I’m hoping I am allowed to show the video in court as police were uninterested. I think the alcohol has fried his brain and any common sense thinking is non existent.

Tony

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Marlena Topple

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Member Since July 2016 - Comments: 164

14:26 PM, 4th February 2026, About 6 days ago

Reply to the comment left by Tony Clements at 04/02/2026 – 14:08
Can you speak to the Council to have his UC transferred to you?

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