I have determined to evict a tenant after the tenancy agreement ends in March 2025. He had lots issues with energy supplier with late payment. During his stay in last 5 years, I have received more than 10 payment tracing emails from the energy company who disconnects supply recently, due to lack of payment back to June 2024.
Rent of this month was delayed a week, although I was forced into negotiation and agreed to reduce £100 per month till the end (March 2025). His excuse has been nothing more than cost of living. He sent me a list of cheaper places which was used to negotiate a rent reduction, but refused to move out meanwhile. Clearly, he is enjoying the luxury features (brand new building when he moved in and free on site gym), but does not want to pay rent plus energy bill.
I have contacted an eviction agent who will file a Section 21 form for me. But I got questions as:
When can the notice start? my contract is 12 months Assured Shorthold which ends in March 2025
how to evict him if he continuously stays there after a Section 21 form delivered?
How to claim rent, council tax, energy gill? Given the painful negotiation this month, rent arrears and lack of other bills are inevitable. Is there anything I can do legally to claim the loss, except going to court?
How to ask compensation for property damage if he trashed the flat.
My situation is a nightmare, need advice from experienced landlords desperately. Many Thanks in advance
Does your tenancy agreement have a break clause after 6 months? If so you can serve a bare 2 month s21 notice now. If not, you would be best to wait until 2 months before the tenancy expires and serve it then. Add a few days for comfort, especially if serving by post.
In future just grant a contractual periodic tenancy with an initial term of 6 months. Also I wouldn’t have reduced the rent just because he demands it. If you end up needing to serve a s8 notice for rent arrears, it will just slow this process. Build to Rent flats are more expensive to buy and rent and you should have pointed that out to him.
If he doesn’t leave on expiry of the notice, then I suggest you use the eviction agent to process the rest of the possession claim.
The contract has a break clause after 4 months. As he paid the reduced rent this month, and promised to pay in time for the remaining months, I would prefer to serve s21, two months + few days for post time before the tenancy expires.
By showing mercy, I agreed to a rent reduction. Not sure whether this will add a merit to me if goes to court down the road.
Most likely, I will use an eviction agent to process the rest of the possession claim, any recommendation of a good agent please?
S21 is no fault so it isnt a question of showing mercy at court. You can exercise the break clause any time, probably with a s21 notice (check your contract).