Any help would be welcomed.
One of my tenants has failed to pay her rent on time for the last months and the last month owing she has not paid at all. She has just signed a new contract for one year, starting 11the Jan 2022. Her old contract ran from 1st Jan, but having changed her job I agreed the new contract would reflect her pay dates rather the the first day of the month.
When I’ve spoken to her she has various excuses why she can’t pay and frankly, I have had enough. I want her gone as she doesn’t even have the courtesy to inform me she is struggling to pay the rent on time. She mostly ignores any communication from me and claims all sorts of help is being provided from the council and Christian charities, but this never seems to materialise. By the way, rent is collected through Open rent. Her life is just too chaotic for me to continue.
Her tenancy runs from 11th of the month to the 10th of the next month. The fact she has just renewed a one year contract, is it appropriate for me to issue her a section 8 rather than a section 21 notice to evict?
Any advice would be appreciated.
You cant issue a section 21 as there is a fixed term contract.
For a section 8 mandatory ground the tenant would need to be 2 months behind which it doesn’t sound like they are. You dont have grounds to evict there are discretionary section 8 grounds but i wouldn’t want to use them.
Why did you offer a new contract if you weren’t happy? Much better to let it go periodic to give you more flexibility.
Definitely should not have signed a new contract. This is a lesson learned moment.
I understand wanting to be understanding and hoping it’ll improve. Unfortunately you’ve gotten yourself into a tough situation. You basically told her that you don’t mind her poor behavior and have given her security for another full year - it’s not surprising the behavior is getting worse, she knows she can get away with it.
Make sure you’re doing regular inspections as often as you’re entitled (I think every 3 months?) - unfortunately bad tenants tend to be bad in multiple areas and you’ll want to catch any issues with the property.
Hopefully this resolves easily.
This is one of the principal reasons why ‘renewing’ tenancy agreements is a bad idea.
Thank you all for your advice. Yes, a lesson has been learned from this. I won’t make this mistake again. One tries to help others and this is what happens!
As everyone above says you have created this situation. Bad tenants rarely get better so focus on getting tenant out.
See if you can cut your losses -say you will write off any charges and unpaid rent if she leaves at end of month, if she doesnt say it will be court, debt collectors, credit rating shot, years of being chased etc.
in reality courts are pretty much a waste of time for landlords when you factor in your time. Solicitors do well out of it and are mostly over optimistic on results
Maybe diarize any events and keep a paper trail. This could get worse.
In future 6 month ast and periodic, i never do a year as they may be bad tenants. Agents push renewal just to make a charge
Very true, I have created this situation. I have to learn to keep a business head on me and not listen to all the stories of woe.
Point taken re periodic rents from here on in.
Thank you for taking the time to offer your advice.
This person is in breach of their contract. Section 21 is removal with no Fault.I would suggest you join NRLA for £11 a month they will give you step by step advise to get them out. It works both ways they have to do there bit too! Its either a section 8 or 11 check with them or on the direct gov website.
Same always 6 month renewable if we are both happy
Thanks for the sound advice. Much appreciated.
NRLA is £75 a year I believe.
Your running a business, not a charity.
Taking a tenants changing situation into consideration is something that a lot of landlords have done with long standing tenants of previous good record, especially through covid, but it is something to do because you feel you can both afford to, and want to help.
Under no circumstances should you ever let a bad tenant make you feel sorry for them.
It’s too late now, but you shouldn’t have renewed the tenancy.
Hope this is at least a lesson for others.
Yes sorry I pay for 2 people