He just won't leave! Please help!

[Geoff48]

PLEASE HELP!
I am at the end of my tether with our tenant who immediately stopped paying rent at the first lockdown some 10months ago. Since then we have done the being flexible, tried to agree a payment plan, approach tenants guarantor, eventually gave a section 21 notice in June with just over 3 months notice (as this was before the 6months rule). He paid a sporadic bit of rent around the date he should have left the flat but then didn’t leave. We completed an N5b form.
He was still in arrears anyway but since then we have had absolutely no rent, daily complaints given to the building management company of drug dealing, noise, he has moved a girlfriend into the property, without permission from us obviously. Bin bags being left in communal areas, cat litter in the corridor when no pets are permitted in the building. Tenant has appealed and we have ask for the case to be put before a judge. but now have received a letter from the court saying:

A claim brought on/after 6th august (?? section21 given in june) and because there is no proof of what knowledge we have of the effect covid has had on our tenant and their dependant’s they will not refer our case to a judge until we comply.

I DON’T UNDERSTAND??? I really don’t know what this means? comply with what? i don’t know what we are supposed to do? he completely lies about what his situation is, first he says he’s self employed, then he says he has been made redundant??? The government have made provisions with universal credit but yet he still does not pay rent, his guarantor also refuses to pay and denys any responsibility. How can i get this man out? how long do I have to put up with essentially a stranger living off me for free! There is no clear help or advise on the government websites, the court will not answer the phone, i’m so scared I am going to have to start the whole process from the beginning I just don’t know what to do?

[Prafula]

If you got guarantor then you can put a claim through small claim court as guarantor cannot refuse.

You would be in strong position if that guarantor owns property then you are in strong position too.

Many years ago I had an experience with my tenant at the end of tenancy she did not pay for damage and last month rent.
The deposit was not enough and I put it on a small claim and and tenant ignored all. Then put a claim against guarantor and then she replied decided to pay but did not want the court fees and all extra cost but at the she paid all.

The problem is that when they leave property most of the time it’s takes really long time and they keep changing property.

[John27]

Tell the tenant you will pursue him for any paid rent and obtain a County Court Judgement for that debt.This will completely screw his life- his credit rating, future tenancy agreements, job prospects etc.

[Mr_T]

I feel for you. It’s such a stupid question and Covid does not only affect tenants.

As he’s saying he’s been made redundant could you check with his employer?

Or put on the form that it hasn’t had any effect on him. You can only answer as to what you are aware of so if he’s not discussed with you anything Covid related when you tried to communicate with him, then is it fair to assume that there’s been no effect. (Especially if he can afford drugs).

Can you get a letter from the Management company to state his shenanigans they are aware of? Send them pictures of the bin bags etc. so they can include this.

If he is claiming Housing Costs there is a short form online you can fill in to have the rent paid directly to yourself. It’s worth filling it in anyway as if he’s not claiming Housing Costs the DWP will just email you to tell you they haven’t been able to process your request as he’s not claiming.

Maybe phone a specialist eviction company such as Landlord Action. They will give you some advice on the phone or join the NRLA. Some private solicitors also give a free initial consultation or check to see if you have Legal Assistance included in the Landlord insurance or your home insurance.

[David122]

If the tenant is in at least 6 months arrears then you can serve a s8 notice under grounds 8, 10, 11 with 4 weeks notice. You would get priority for the court hearing and the bailiffs are now evicting people with 6 months arrears. I don’t know where you are in the process so its hard to tell whether this would be quicker, but serving the notice is free so you have nothing to lose.

If you are this stressed by the process then it may be best to hand over the eviction to a solicitor or specialist eviction company.