Updating post from Reddit.
I have rented my property since 2017 to the same tenant. The tenant is a nightmare. She has done a lot of damage to the property and i am already thousands out of pocket. When she moved in I didn’t put her bond in the tenancy deposit scheme as she didn’t pay the full amount when she moved in (long story). I increased the rent in May 24 in line with similar priorities in my area (all done correctly). The council pay quite a bit housing benefit but since I put the rent up she hasn’t paid anything to top up the rent. She is now over 2 months rent in arrears. I have spoken with wellbeing officer at the council as she is a druggie/alcoholic/has an adult social worker. The council say they can rehouse her but I need to evict her. What is the quickest/easiest way for me to do this? I’ve already issued a section 8 for rent arrears and I know my only option is court. But would prefer to save my money for the repairs when she moves out. Any help appreciated.
Better hope she doesn’t get advised to take you to court for failing to protect the deposit. 1-3x penalty for that. If you evict, the council will probably advise her to take action.
She doesn't sound like she's capable of doing that, to be fair.
And that is your greatest flaw.
Easiest way to evict is to hire an eviction specialist. However, its going to take a long time to get them out anyway. Expect her to stop paying the rent completely.
"druggie/alcoholic"
The fastest way to get someone out is cash for keys. Just saying.
Its going to expensive either way. Sorry.
I read with a section 8 notice being served going through the courts can take about a month, Was this way off? Looking at renting my property so wanting to know as much as possible beforehand, thanks
It depends on the area, ring up the court and ask them how long it will be. If its London it can be 6 months +
>When she moved in I didn’t put her bond in the tenancy deposit scheme
That's probably going to bite you in the backside.
If you give the tenant back her deposit in full, you will then be able to serve a valid S21 notice.
This is of course provided you have also complied with other requirements to serve a section 21 notice. For example, you have a current gas safety certificate (if the property has gas) and have provided this to the tenant before serving the notice.
The issue with the bond was she didn’t pay 2 months when she moved it. It was only the first month then paid the rest a bit at a time. So took a few months to pay the extra. Hindsight and all that.
Because I’ve told her I want her out she is now refusing access to the property to do a gas safe. It has only just expired.
I will say to continue with both the S8 and the S21
However, with the S21, the more important requirement is that a valid gas safety certificate (GSC) was provided when the tenancy started and you have evidence of this. Additionally, you must have renewed the GSC & provided it to the tenant annually, throughout the tenancy.
After returning the tenants full deposit, but before serving the S21, you should make at least 3 attempts to access the property to carry out the GSC. You must document each attempt thoroughly.
Write an email to the tenant giving them 24 hours notice that you and a gas engineer to carry out a GSC. Explain that this is a legal obligation and it must be done to ensure the safety of people and property (including the tenant).
Make sure you attend with the contractor and bring along your set of keys for access. Start recording & taking pictures as soon as you get there. If the tenant physically restricts access, don't force your way in. Try to calmly explain you are not trying to trick her out, you just need to do the gas safety and you'll be on your way.
If unsuccessful, try again at least 2 more times before starting the S21 process. Again, document the process thoroughly.
This will be enough evidence to provide to the court that you made several reasonable attempts to obtain the S21 and the court will likely not hold not having a current GSC against you.
Of course, the rent arrears might build up anyway & you may get possession back via the S8 route first.
Can you clarify, are you saying the deposit you wanted was 2 month's rent?
Sounds like it was supposed to be a months rent in advance and a months rent for deposit.
There might be an angle here that she never paid enough deposit to be able to secure in the time and so you've taken it as advanced rent. Now she is only 1 month in arrears as you've carried the partial rent forward.
Out of interest only - when you did the rent hike in May 24 in line with other properties - was this just because you could or because you needed the increased rent to cover a mortgage etc? Am interested.
It was because the mortgage had gone up and it was costing me more to rent the house. Believe it or not I am not greedy, but karma has not helped me out.
If you had an item for sale, would you want a low price or high price. Just interested.
Just market value
A fair price
You've kinda fucked yourself by not getting her deposit protected. You'll need to make sure you've done all the other steps you need to, then you can serve s21.
One of the reasons we only get a certain type of tenant.
Notice of intent to sell, give tenant notice, list it (take the hit!) then remove from the market once the tenant has left.
Follow through with S.8 eviction, it is compulsory if they have more than two months arrears
And look on the bright side, you have had 94 of the 96 rent payments over 8 years?
I’ve had the house 20 years and this is the first issue I’ve had. Thank you for your advise