Eviction by sect 21. Sect 8

Hi Guys but of a saga so please, bare with me ok
Tenant began six month AST (9/4/22 to 08/10/22) I offered another six month AST proposing a small rent increase still below market rates.
Discovered had moved his girlfriend and her son in without any consultation. And his own kids so effectively 5 in a 2 bed flat

I issued Form 6a on 7th Sept/22 which he claimed he didn’t receive, resent it and confirmed receipt. His 2 months notice ended today 8th Nov/22.

Threw his toys out from the issue of the 6A. Clearly wasn’t looking for another rent as I wasn’t being contacted for a reference. I had a suspicion he wasn’t going to leave. He has been passively aggressive though out. He has now said if I want them out I will have to evict him. His notice ended today which is his usual rent day. I have had my property advertised at £1350 pcm since Oct with plenty of interest and I had new tenant waiting but wouldn’t enter into a new contract just in case he didn’t leave.
If your still with me ? I know he should continue to pay his rent but at what rate his old contract rent ? or the rent I would be receiving from the new tenant. In either scenario I intend to serve Sect 8. But where do I stand with what constitutes rent arrears in either of these scenarios ?

I believe he is now on a rolling one month rental cycle on toehold rent. Just leave it that way until he leaves.

You made a mistake by advertising the property prematurely. A landlords notice does not end the tenancy. If the tenant decides to remain then his tenancy continues in whatever form it was before the notice and you have to apply to the courts for possession and then get bailiffs to evict if they still don’t leave. This will take several months I’m afraid. There is no point in serving a s8 notice if your s21 is valid. Focus on getting them out and then use MCOL to sue for your losses, (if they have any money). You can check whether your s21 notice is valid here: Section 21 flowchart - Nearly Legal: Housing Law News and Comment

I have been renting my property out since 2010 without issue. My only mistake was in taking this tenant on. I’m not worried about £49. I just want to get this pain in the A**e out asap

You are a liar, and i need to defend these false aligations. I have not moved in my other 2 children, they live full time with their mum and come for daily visits. You were fully aware that 3 of us would be moving in as stated in my open rent messages to you enquiring about the property. Also my partner was present when we came to veiwing. I queried the contract you gave me as i was the only person on their and said there would be 3 of us living there and you messaged me that was ok and i didnt have to have them on the contract. You have been aggressive, abusive, threatening and we have caught you letting yourself in our property without our knowledge or consent on our ring door bell. You have threatened to keep our deposit only one week of serving section 21 notice and not giving us a reference or giving us a bad one if we didnt leave within 14 days. You have continued to harass us to move out and spread lies about us, threatening to film us on facebook being evicted. Called us names, saying we are poor and you will financially ruin us. We have paid all our rent to date and have not damaged the propery that you keep accusing us of, even the police notified you there was no damage. We asked you for a long term rent of a minimum of 3 years as we gave our furniture away because the property was fully furnished and only after 6 months you offered only another 6 months with a rent increase. You spread lies that im agressive and threatening, show the messages here, you have none because i have only ever been courteous and paid our rent and tried to live in the property undisturbed, in peace and quiet that been impossible with you the last 3 months. Im fed up with all your lies, slander and accusations and now i am standing up for myself and my family. I have paid all my rent and have asked you to follow the legal process and leave us alone, your constant threats of court, bailiffs and financially crippling me needs to be exposed. If you havent behaved in such a manic and aggressive way and helped us move on instead of threatening to keep our deposit we could of found somewhere sooner. You are not fit to be a landlord.
Happy to post pictures to expose your lies? Show the world your proof of what you keep telling everyone, im sure they would like to see.

What do all you Landlords think about this now?

Who would ever know.?

But clearly the relationship has broken down and time for both parties to find another tenant/landlord who suits them better.

He’s searching forums for posts about himself yeah that’s normal?

It’s pure sour grapes, now that I have the upper hand. It’s now clear their plan for from the start was to get an eviction in order to get social housing but this has now spectacularly backfired.

He was offered another six months AST with an increase of £50pcm still below market value which he refused. I served a sect 21 on 7th October 22. At no time in the two months of notice or since have I been asked for a reference?

But this has backfired on them spectacularly because now on a rolling contract I can legally serve a sect 13 rent increase from £1250 to £1400 the true rent value and one a rent tribunal would uphold, but they allegedly can’t afford.

Why would he post on social media that there were five of them living in a two bed flat of it wasn’t true? As for giving his furniture away that’s pure tosh he wouldn’t have had time he moved in within a week of viewing. And who would choose a rental bed over their own?
I never give any tenant more than a six month tenancy and all being well allow it to become a rolling contract. I began to have doubts about my decision when he was constantly messaging me and his very first months rent was late.

What landlord gives a three year tenancy and agrees to keep the rent the same level for the duration ??

Funny how he’s not told you I accepted him despite failing affordability and referencing ? Because his girlfriend is related to my son in law and I thought they were trustworthy ? or that I let him move in earlier than his contract stated?

Neither has he mentioned the numerous tenancy breaches he’s responsible for.

As for my entering the property without his permission I was carrying out a viewing that he had agreed to in writing which he captured on his Ring Doorbell which I might point out he’s screwed to the doorframe without even having the courtesy of asking. Why would I enter the property without his permission knowing I was being filmed :woman_shrugging:

I have never been so glad to be rid of a tenant I will never accept anyone even distantly related in future or anyone who fails referencing regardless of how normal they seem.

Obviously I don’t know but did think (although I didn’t write it previously) is why would a landlord ask a great tenant to leave.

There was someone on here a few months ago acting a passive victim role, making claims about his bad landlord and then it all comes out he’s not left on the expiry of his S21 and is waiting for social housing.

It’s not common for T to ask for a 3 year tenancy.

Landlord - Just be careful what you post on a public forum as T might be able to use it against you if it goes court Harassment to Tenant etc

Well he didn’t and I wouldn’t have taken him on if this has even been suggested.

He’s been offered the opportunity to leave with a reference and return of his deposit which he totally ignored.

I have since taken the decision because I don’t have a mortgage on the property and I do not rely on the rental income, not to be manipulated into filing a possession claim. His requested eviction is therefore never going to happen.

Having accepted a sect 13 rent increase he is now in rent arrears, it’s only going to end badly for him.

He will probably be along shortly to give you his version of the truth.