Tag Archives: Bad tenants

Popular questions from tenants to landlords GOOD Landlords Campaign Sponsors, Latest Articles, The GOOD Landlords Campaign, UK Property Forum for Buy to Let Landlords

It’s not just landlords and letting agents using our property forum these days. Recently we have had several Readers Questions posed by tenants who have been badly treated by their landlords. Popular questions from tenants to landlords

If there’s one thing good landlords despise almost as much as bad tenants it is bad landlords who ruin the reputation of our industry. Naivety, criminal acts and rogue behaviour tends to result in increased calls for regulation and gives authorities excuses to create more stealth taxes on good landlords in the form of licensing and other legislation, which of course criminals and other bad landlords simply continue to ignore! As you might suspect therefore, good landlords have been very keen to help tenants experiencing difficulties with rogues by telling them how they can protect their interests and claim compensation.

As it is the mission of The GOOD Landlords Campaign to facilitate the sharing of best practice amongst landlords and letting agents we feel it is important for all landlords to learn from these discussions. Forewarned is forearmed and an opportunity for you to know what you should be doing and to get it right.  The consequences of getting things wrong are very clearly laid out by some incredibly experienced landlords and property professionals in these discussions.

Some of the most popular discussions recently are as follows:-

Retaliatory eviction

Retaliatory eviction – possibility of civil litigation?

Read this discussion

 My landlord thinks I’m a lodger – please help me

My landlord thinks I’m a lodger – please help me

Read this discussion

 Ex-girlfriend-refusing-to-move-out

Ex-girlfriend refusing to move out

Read this discussion

 I have been asked for a 12 months rent in advance

I have been asked for a 12 months rent in advance

Read this discussion

 

 


Paul Shamplina and Landlord Action on BBC1 Thursday Landlord Action, Landlord News, Latest Articles

BBC1 Thursday 18th July, 10:30pm: Meet The Landlords.

This is a documentary about property in hard times with tenants in difficulty, some landlords enjoying the boom, some in trouble, and Landlord Action helping out.

We haven’t seen a preview but it sounds like it won’t be easy viewing, even for Landlord Action. This will be compulsory television for everybody in property!

 

Official Press release below:

Property Expert, Paul Shamplina, helps mop up the mess of ‘generation rent’

On 18th July, founder of tenant eviction specialists Landlord Action and leading property expert, Paul Shamplina, will be featuring in a one hour documentary, ‘Meet the Landlords’ on BBC 1, looking at the possibilities and pitfalls of being a ‘generation rent’ landlord.

Landlord Action, an organisation which has acted on more than 20,000 problem tenant cases, says the buy-to-let boom, which has lead to over 8.5 million people in the UK now living in a rented property, is the result of a cocktail of factors. These include; a lack of house building, less affordable housing, restricted funding in the mortgage market forcing more people to rent, tougher austerity measures leading to cuts on housing benefits, stagnant wages, increased cost of living and rising unemployment.

The documentary will meet the new army of private landlords who are riding the rental boom, both making and losing money as they struggle to get rid of non-paying tenants, as well as follow the tenants who are getting behind with their rent and risk losing their homes.

Few people have been involved in this business for as long as Paul Shamplina, who has been helping landlords with problem tenants for over 25 years and whose campaign was instrumental in passing the recently imposed bill to criminalise squatting. Two of the landlords featuring in the show have instructed the help of Landlord Action and Paul Shamplina can be seen helping them to reclaim possession.

Paul says “Over the years, our experience of professional bad tenants has been plentiful, often evicting the same tenant from more than one property. Whilst they are the minority, this type of tenant has the intention of preying on vulnerable landlords in order to live for free. They will seek out someone new to the market who is self-managing a property and who, out of financial desperation to avoid a void period, will accept a tenant with minimum referencing. However, more and more, we are also seeing situations where tenants have fallen on tough times and remain in properties out of desperation. The show seeks to underline this plethora of scenarios that ‘generation rent’ is creating by following landlords, both professional and amateur, in very different situations.”

Paul wants to help highlight possible problems to landlords, enable them to recognise the tell-tale signs of a problem tenant, or just one that has run into financial difficulty, and offer advice on the best approach to take in order to resolve the issue as painlessly and cost effectively as possible.

Mr Shamplina will also be featuring on BBCs ‘Rip Off Britain’ in September, in a feature which highlights the growing problems surrounding illegal sub-letting.

Photo Paul Shamplina

If you need the Assistance of Landlord Action evicting a tenant please CLICK HERE


Rising numbers of amateur and accidental landlords Latest Articles

Landlord Action logoThe number of amateur and accidental landlords has undoubtedly risen over the last few years as those struggling to sell their properties have instead opted to test the rental market.

Despite having no previous experience, many of these landlords have tried to cut corners by not instructing a reputable letting agent and attempting to self-manage their property. This is when most run into trouble. Continue reading Rising numbers of amateur and accidental landlords


The impact of bedroom tax and housing benefit reforms Landlord Action, Latest Articles

The impact of bedroom tax and housing benefit reformsThe impact of the bedroom tax and reforms to housing benefit – has this led to more impoverished renters?

One of the greatest concerns for tenants with the reforms is being able to manage their finances from a weekly to monthly basis and having to deal with taking one, in many cases reduced, payment in place of the various benefits and tax-credits previously available. Continue reading The impact of bedroom tax and housing benefit reforms


Tenant Eviction Landlord Action, Landlord News, Latest Articles, Property Investment News, Property Investment Strategies, Property News, UK Property Forum for Buy to Let Landlords

Tenant EvictionTenant Eviction is a process which several landlords under-estimate.

Some people will tell you that evicting tenants is simple, “oh just issue a section 21 notice or a section 8 notice” are words often spoken at landlords gatherings and on our internet forums.

Well, perhaps it is easy when you know how, and especially when you have the model tenant. However, I have been a landlord since 1989 and I know that tenants don’t always leave when you would like them to!

If you serve notice and your tenants don’t leave that’s when the problems really start.

Even after all these years the jargon still bamboozles me from time to time.

I still have to check which type of section 21 notice to serve depending on whether the tenancy is within the fixed term or has gone statutory periodic. I then need to check what the correct date of service is and make certain that I’ve served deposit protection certificates and prescribed information properly and that’s a minefield if ever there was one. Don’t even get me started on the varying grounds for service of section 8 notices! And all of that is before you can even apply for a possession order in Court!!!

Bamboozled already?

Well it’s hardly surprising that so many tenancy evictions fail at Court. I could write war and peace here on all of the areas where things go wrong but I will leave that to the regulars on our property form.

The reality of the situation is that if you want to recover possession of your property quickly you are probably going to need some professional help.

Landlord Associations are very well meaning and there are thousands of companies advertising on the internet who will be pleased to help you complete the required forms for a small fee. The bottom line though is that it will still be YOU serving the papers and the well meaning souls advising you might not have thought to ask you every question to identify the areas which might catch you out.

There is only one company I know of which has successfully evicted over 20,000 tenants. They operate a fixed fee service and they handle the entire process. They even have in house solicitors to check every detail and process all of the Court papers for you. They have been in business since 1999 and over 210,000 calls have been received on their free landlords helpline.

Chances are, you will have great tenants and will never need to evict them. They will respect your property, pay the rent and respect their neighbours. However, very occasionally, things go wrong, no matter how diligent you have been in terms of referencing.  Bad tenants often ignore or dispute whatever type of eviction notices you use. You might even be in that position now?

Evicting TenantsSome tenants need a little more persuasion to leave!

It’s not just bad tenants who need to be evicted in a timely manner either. You may want to sell your property or move back into it. The last thing you want is to lose a sale or be homeless yourself because your tenants refuse to move out when you want them to, and believe me, it does happen, and when it does some tenants will use every trick in the book to retain possession.

I learned all about tenant eviction the hard way, it took me 18 months of grief and no rent to get rid of my tenant from hell.

I wish I had known Landlord Action back then as their fixed fee service would have saved me thousands!

For an introduction and opportunity for a free confidential initial chat with one of their tenant eviction specialists please complete the short form below.

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.

 


Are you owed money for rent arrears or damages? Buy to Let News, Landlord News, Latest Articles, Property Investment News, Property Investment Strategies, Property News

Are you owned money for rent arrears or damages?I don’t think landlords should allow tenants to get away with not paying rent or making good any damages, do you?

Well the good news is that the “no win no fee” Debt Collection for Landlords service I wrote about last week is now up and running.

You can download the claim form and full details of the scheme simply by completing the short form at the bottom of this article. Continue reading Are you owed money for rent arrears or damages?


How can honest Landlords remove bad or non paying tenants Landlord News, Latest Articles, Property News, UK Property Forum for Buy to Let Landlords

Recardo writes to raise a debate on how honest landlords can remove bad or non paying tenants.

I have been a landlord for 12 years and as I manage my own BTL properties I am always looking for information and procedures on this industry. I have even written in the past for advice from other landlords on Property118, and I hope this article will help other landlords.

Over the years I must just have been lucky as I didn’t get any bad tenants, but over the last year I have had three. Must be a sign of the times.

One was a long term tenant who after signing a new 12 month tenancy wanted to leave 10 weeks later with 1 months notice. Another has just left after a year because “things just kept breaking”, front door lock, back door lock, toilet flush twice in 2 months, glass in the oven door (£220 to replace). Broken basin taps, and leaking connecting pipe. I just could not afford to keep this tenant on. The worst one I want to talk about is a tenant who stopped paying the rent and the hassle and stress that has caused.

This lady was in her 2nd year of tenancy when she had some “problems” and stopped paying the rent, she has a stay at home partner and a couple of kids. they were receiving LHA and she was the only worker. Her “problems” led to her loosing her job.

After she missed her first rental payment I contacted her to ask what was happening and she  said she was having a few problems, but it would be paid in a couple of weeks. After 2 weeks you’ve guest it no money, so I went on the chase and emails went unanswered and no reply to my phone calls. I sent her a section 21 giving her about 10 weeks to vacate (2 full months required). I also offered her a payment plan to catch up on her rent so I would not have to proceed with an eviction (my first). I also said if I had no reply within 5 days She would receive a copy of the section 21 in her hand delivered by my cousin, who is local and does small repair jobs for me.

She then contacted me three days later by email to say how sorry she was and she had received my notice, but she had lost her phone, and would you believe it her internet connection had gone down at the same time. No I didn’t, but if no money was received in seven days the eviction would proceed. She said her mum would lend her some money, but no money came as her mum was ill and taken to hospital.

It was now time for her 2nd rental payment (2 months) which she missed again. I contacted the council on that day to say she had missed two payments although agreeing to a payment plan, so could I have her LHA directly, and I had served her a sec 21 notice. They agreed to do this and I started to receive £565 from them although the rent was £725. At least I was getting something and if it was a private tenant with no RGI it would be nothing.

The day for them to leave on my notice was fast approaching, but she said she could not leave as they would be according to the council making themselves homeless. As such they would not have any responsibility to rehouse them! Isn’t it about time the council were banned from this practice. I have given 10 weeks notice and the tenants have made themselves homeless by not paying the rent they receive from the council to help house them. The lack of rent makes them homeless, not a court order.

Next step: Download a Claim form for Possession of Property. A four page form. As a landlord you have done nothing wrong, the tenants have broken their agreement to pay the rent. If they will resume they can stay there for the next 10 years. Question 7 on the form, have you taken a deposit if so was it held under a tenancy deposit Scheme, who with, give the reference Number. Was every one involved given the prescribed info etc etc. Are you sweating? Who’s on trial now! Is your deposit protection correct, up to date, and info sent to tenants been recorded and singed for by them? Phew thanks to reading the 118 site mine was.

This court process only cost a £175 fee, but that’s Ok as you can reclaim it from the tenant who hasn’t got a job or two pennies. They then have 2 weeks to appeal.

Luckily (you notice how lucky I’ve been so far, hope you are too) 3 weeks later there has been no appeal (as far as I’ve read no appeal against a sec 21) and the court has given them 18 days to move out. So that’s alright then this all started nearly 5 months ago.

The tenants receive the following court order: On 1st March 2013 District Judge——– etc. The Court Orders the defendant gives the claimant possession of ——- on 18th March 2013. The defendant to pay the claimant £175 costs.

I then receive a call from the partner (first time in nearly 2 years), this is the first he’s heard of this and they need more time to move. I said “I’m sorry you don’t talk to your partner who was paying part of the rent, but since she stopped 5 months ago I want my house back now”.

His response “this house isn’t worth 725pm, it’s falling apart and I’m going to paint all your walls black, you need to get a new gas cert as this one has expired it’s the law.”

Mr response was “you should not be in my house, so I’m not getting a gas cert until you leave and if the house is not worth the money then leave. On my last inspection there was no complains and the house looked fine to me. if you want to do some work I will bring you some magnolia and pay you to redecorate” he then hung up.

I sent the bailiffs form off (£110) on 18th and I’m still waiting for a date. If the tenants wait for the bailiffs I hope they can take their old car, TV etc to pay my court costs, because the lost rent has gone forever.

Universal Credit starts soon so I am sure more evictions are on the way and my advice is to make sure all your paperwork is correct and up to date because if not you’re the one on trial.

The tenant refuses to move on a notice, then on a Court Order on 18th, so are they in contempt of court? Are they squatters, new laws say the police can move them! Why would I be in court for going knocking, or wait till they are out and change the locks? Why does the landlord have to spend more time, money and lost rent to get the bailiffs in? What can we do to change the system on faster evictions and stop the council policy of advising tenants not to leave? A section 8 seems a waste of time when people have no money, but a sec 21 served for non payment of rent should mean they are out in 2 months.


Alan Loughlin of Carrington Park Lettings in Warrington GOOD Landlords Campaign Sponsors

The GOOD Landlords CampaignAlan Loughlin of Carrington Park Lettings in Warrington

“My wife and I bought a number of properties as an alternative form of pension, we manage them ourselves with the help of our son, we try hard to be a good landlord, and most of our tenants respect this, unfortunately we have had some bad tenants who do not deserve a good landlord or to live in a nice property, this sours the whole enterprise.” Continue reading Alan Loughlin of Carrington Park Lettings in Warrington


Experian back-track on linking shared tenants Buy to Let News, Latest Articles, Lettings & Management

Renters who flatshare won’t be affected by their housemates who fail to pay their rent and bills following complaints from tenants to Experian.

After announcing the plans for a rent payment profile for tenants, those on shared tenancy agreements were going to be linked, impacting each other’s credit score. Continue reading Experian back-track on linking shared tenants


Repossession, Harassment and Illegal Eviction Guest Columns, Tenant Eviction

The only way to bring a tenancy to an end is the voluntary surrender on the part of the tenant or for a landlord to obtain a court order for possession. Any other way is likely to be construed as unlawful eviction which is a criminal offence, using violence or changing the locks when the tenant is out for example. Recently a landlord from Oxford was given a three month jail sentence for unlawfully evicting a tenant, leaving the individual with no accommodation and forced to sleep in an abandoned car.

Harassment and illegal eviction is a serious criminal offence and a breach of civil law; the local council has powers to prosecute anyone who commits such an offence. The law says that if you want your tenant to leave then the correct legal procedures must be followed. These procedures include serving the tenant a written notice to quit or Section 21 notice, if required this must be followed by a Possession Order obtained in the county court and finally a consent order for a bailiff. Continue reading Repossession, Harassment and Illegal Eviction


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