Nightmare Tenants - How to evict the tenant from Hell!

"One of the questions we are frequently asked by Landlords struggling with difficult or bad tenants is 'How do I evict this tenant?'" says Director, Matthew Charlesworth.

"Whilst we rarely have a difficult or bad tenant, we are here to help! Bullock & Lees are experienced Letting Agents and can offer help and advice if you do have one and are not sure of or would like assistance with the eviction process. Call us on 01202 302345 or 01202 484526 to speak to one of our knowledgeable team members."

It is every landlord’s worst nightmare. You get a new tenant and everything seems fine at first. You both get on, the property appears to be well maintained, your neighbours like the new tenants. Then the problems start…the honeymoon period is over...

Suddenly you are in arrears of rent. Your neighbours start complaining about the music being played at 2.00am, then again at 4am…loudly. Rubbish is piling up in the backyard. Strange plants are growing in the garden. Dodgy characters seem to be coming and going at all hours, making a nuisance of themselves and annoying the neighbours.  Dogs are barking constantly. And this is before you get a glimpse of what they have done to the inside of the property...

The most important thing to remember if you have been unfortunate enough to gain a tenant from hell is there are legal steps you can take to get them out of your property and out of your life.

Issuing a Section 21 notice

The traditional way to evict a tenant in the UK is to issue a ‘Section 21’ notice to quit using Form 6A.You must serve this notice at least two months before you wish to re-take possession of the property. It must be in writing and state the date in which you will take possession of the property.

Bullock & Lees can help you issue and serve the Section 21 notice. However, as the law has now changed (from 1st October 2015) there are certain circumstances in which you cannot seek possession against your tenant using Section 21 of the Housing Act 1988, in which case you should not use this form. These are:
(a) during the first four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy – see section 21(4B) of the Housing Act 1988);

(b) where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;

(c) where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Department for Communities and Local Government’s publication "How to rent: the checklist for renting in England" (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);

(d) where the landlord has not complied with the tenancy deposit protection legislation; or

(e) where a property requires a licence but is unlicensed.

Landlords who are unsure about whether they are affected by these provisions should seek specialist advice.
This form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs.

If your tenants have broken the terms of their tenancy agreement you may serve a Section 8 notice of seeking possession specifying which grounds they have broken. We can also help you to serve this notice.  If your tenant refuses to budge after receiving the Section 21 notice or Section 8 notice, then you will need to apply to the Court to obtain a ‘Possession Order’. If your tenancy is an ‘Assured Shorthold Tenancy’, (the most common type, and the structure of all tenancies that started on or after 15^th January 1989), then you need to;

1. have grounds to seek eviction of your tenant; and
2. have served a Section 21 notice

before you apply to the Court for a Possession order.

The Accelerated Possession Procedure

If you are desperate to be rid of a tenant who is hundreds of pounds in arrears of rent and has the police around so much you are thinking of charging them as they may as well live at the property, then you may be able to use the Accelerated Possession Procedure to gain occupation quicker.

However, the Accelerated Possession Procedure does not always live up to its name and can take just as long, (if not longer) as the traditional route. To apply to the court for Accelerated Possession, you still need to serve a Section 21 Notice two months before the date you wish to take possession. The reason the procedure is known as ‘accelerated’ is because rather than requiring a court hearing, the Judge will make his or her decision based on the paperwork provided by your solicitor/agent.

If you want to claim rent arrears you can use the standard possession procedure. Or you can use the accelerated procedure to get your property back and then make a separate court claim for the rent arrears.

When you apply

When you apply to the court for accelerated possession, the court will send your tenants a copy of the application.

Your tenants have 14 days to challenge the application, from the date they receive it.

A judge will decide either to:

• issue a possession order that states your tenants must leave the property (this is normally the case)
• have a court hearing (this usually only happens if the paperwork isn’t in order or your tenants raise an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.
If your tenants are in an exceptionally difficult situation the judge may give them up to 6 weeks.

Enforcing the Possession Order

Once the possession order is granted, notice will be served on the tenant by the Court. If they fail to leave the property, the Court can send a bailiff to the premises to remove them. However, it is important to note that this can take up to four to eight weeks. During this time you are unlikely to be paid any rent.

In cases of an extremely stubborn tenant who uses every trick in the book to delay or circumvent a possession order, a landlord can apply to transfer the enforcement of a Possession Order obtained at the County Court via a writ of fi fa to the High Court. If successful, a High Court Sheriff will turn up on the tenant’s doorstep within seven days of the writ of fi fa being issued, without any prior notice given. They also have the power to seize goods if rent arrears are owned.

High Court Sheriffs are much more expensive than County Court bailiffs, but you may find, when balancing up the loss of rental income, not to mention the personal stress experienced waiting for a bailiff to execute his or her duties, the cost is well worth it.

Evicting the tenant from hell is not a straight-forward process, but with Bullock & Lees' assistance and good legal advice, the procedure can run smoothly and efficiently, leaving you free to recover your lost sleep and sanity and obtain new, responsible, law-abiding tenants who will care for your property and pay their rent on time.

In fact, why not take all the stress out of managing your property, and let us find new tenants and manage it for you! Call us now for your free valuation and to discuss your management requirements!

Look out for our next blog post - Nightmare Landlords and how to avoid them!

How to rent a property - A Tenant's Guide

"After returning from my time spent in Australia," says Sales & Lettings Negotiator Josh Charlesworth, "I recently rented a property through a letting agent and thought I'd share with you my experience of the process of renting. Hope this helps you as I know this experience can be daunting, especially if you have never rented before!"

 

Step 1 - Finding your property

Once you have settled on the location and the type of property that will fulfil your requirements a helpful tip at this initial stage is registering with an agent so you can view properties coming to the market.

(why not register with us now http://www.bullockandlees.com/contact/).

When you have found your perfect property, you’ll need to get in touch with us to arrange a viewing. When the day of the viewing arrives, its your opportunity to get to know the property inside out. 

To get an idea of what to look for on the day, we’ve put together this handy checklist:

• Assess how well the property has been maintained. Find out if the agent manages the property or if the Landlord manages the property so you know who to contact in the event maintenance is required.
• Note how much storage space there is and whether its adequate for your needs.
• Ask about the maintenance of any common grounds. If the garden is included within the tenancy, make sure you find out if you need to maintain the gardens; some Landlords are happy for you to look after the garden if you are a dab hand at gardening, otherwise if you don't know your weeds from your flowers, best to ask the Landlord/Agent if they would consider maintaining the garden themselves!
• If there’s a space for your vehicle, find out where the space is located, if your vehicle fits and how it is accessed. Also make sure you find out if there are any restrictions on types of vehicles that may be parked in the space.
• Ask about transport links and the commute to work/schools.
• If you have children, check the property falls within your school catchment area.
• Ask the Landlord/Agent if they would accept pets. Some Landlords are happy to accept a pet, but most aren't. Be aware that if you are looking for a flat, many flat blocks will not allow dogs as it is part of the Freeholder lease agreement.

Step 2 – Securing a property

Now you have settled on your property you will be required to fill out a reservation form to provide your prospective landlord and letting agent with references, and also pay a referencing fee. See our fees http://www.bullockandlees.com/properties/to-rent/our-fees/ 

You’ll need:

• Proof of address and identity, usually a passport or driving licence or residency permit or utility bill
• Proof of earnings. This would be an employer's reference or if you are self employed, an accountants reference or a minimum of three months bank statements.
• Three years’ address history.
• A reference from your previous landlord if applicable. If you have not rented before a guarantor/character reference may be required.

Tip: Your letting agent will arrange for an inventory on your behalf. It will determine the condition of the property before you move in and out, and will protect you against being held liable for any existing damage to the property, including fixtures and fittings. This is a vital part of the renting process, and can dictate how much deposit you’ll receive back at the end of your tenancy agreement. We would strongly advise that you ask for one to be undertaken.

Step 3 – Rent and deposit

Okay you are nearly there! Hopefully as long as your references came back positive the next step will require you to secure the property. You will need to pay the deposit before you move in, which is usually 4 – 6 weeks’ rent. A deposit is payable in addition to the first month’s rent, which will be taken on the day the tenancy begins. Most landlords will ask you to set up a standing order to minimise the risk of errors and late payments. 

Your landlord/agent must then register your deposit in a Tenancy Deposit Scheme. At Bullock & Lees, we use The Deposit Protection Scheme and the money is sent to and held by the DPS directly so you can be assured that your deposit is protected securely.

Step 4 – Tenancy agreement

So you have paid your rent and deposit now all is left is to sign on the dotted line. Tip: Ensure you initial each page of the agreement if you are not prompted by your agent and read your contract!

A tenancy agreement will need to be drawn up specifying both your rights and your landlord’s rights. The responsibilities of both parties will be detailed within your tenancy agreement, although some conditions may vary. You will need to sign the tenancy agreement before you move into the property.

Main points covered in a tenancy agreement:

• Your name, your landlord’s name, and the property address.
• Start date of the tenancy.
• Total duration of the tenancy.
• The amount of rent payable, how often and when it should be paid, and when it can be legally increased.
• The amount of deposit paid.
• The agreement will also state other payments you’ll be expected to make, including council tax, utilities, and service charges.
• Your Landlords obligations and responsibilities,  such as maintenance of common areas and to ensure adequate heating, water and fuel are supplied and safety checks are all undertaken as required by law.
• Your obligations as a tenant as regards to payment of rent, deposit, utilities and responsibilities in regards to fixtures, fittings and behaviour in a tenant-like manner.
• The notice period required if the tenancy is to be terminated by either you or your landlord.

Step 5 – Moving in

Well we made it, we are at the final stage congratulations!

You have chosen your property, you have provided your references, and you have paid your first month’s rent as well your deposit. You have checked and signed your tenancy agreement and all references have been undertaken. All that is left to do now is to collect your sets of keys and move all your belongings in.

We hope this has been informative and will give you a clearer understanding now on the process of renting your new home. Whenever you are next considering your move think of Bullock and Lees. Call us now to register on 01202 302345 or 01202 484526