Stuck with tenant

Hello

New to all this
I have a tenant who moved into a flat some years ago in E London
He was lovely and had a young family so I rented it out to him for less than it was worth.

He’s been there now for 6+ years and due to mortgage going up and general rates increasing I tried to increase the rental. I was told flaty by him he can’t afford anymore than he is paying.

Currently he’s paying £300-400 less than the market value.

I recommended he start looking for somewhere else to live over a year ago and he said he can’t and is claiming homelessness if evicted

I have served S21 a few months ago

The issues are:

  1. I have EPC and gas safety certificates but no evidence that I sent him a copy or handed it to him.

  2. The deposit protection was originally in a DPS. In 2018 the estate agent passed it onto me and I was under the assumption it was still under the DPS. The money is still with me but I don’t know what to do with it now. Should I put it back into a DPS or give it back to the tenant??

Bottom line - not sure how best to take this forward. Currently it feels like I may as well sign the whole place over to the tenant and just give up on it

Any help or advice would be very much appreciated

Thanks
Jay

Hi Jay,

Well, first of all, don’t lose heart. You can get through this and although it might take a while and might cost you, if you take it one step at a time, all will be right with the world again.

Firstly, you should look to serve a Section 13 notice to raise the rent. You can raise it right up to market value but in the circumstances, just to cover your cost is prob the wisest course of action. The tenant can ignore the S13, but if they do, they are in effect accepting it. The only way they can object is by responding to the notice offically by asking for a rental tribunal to respond. If your rent increase is fair, it’s unlikely that it will be denied by the rent tribunal so they’ll be forced to pay the increase from that point on. Of course, they may fail to pay you any of the rent increase, but that will not help their cause when all this goes to court.

Secondly, you need to deal with the deposit. I assume from your post that it is no longer protected. If so, you now risk the T taking you to court with a no-win-no-fee lawyer for non-protection of the deposit. They’re likely to get the majority of the highest possible award of 3 x deposit if they do because you have been negligent for a very long time. Hopefully, it’s only one tenancy i.e. since you got the deposit, they’ve been on a periodic tenancy. Otherwise, they can claim the 3 x for each tenancy they’ve signed.

If you want to serve a valid S21, you need to immediately protect the deposit. That will give you the paperwork you need to pass on to them. Do this along with the current GSC and EPC as well as the most recent edition of the How to Rent booklet from the govt. Get them to sign and date a document that says that they have received each of these pieces of paper. Then you should be in a position to serve the S21 notice. I suggest you check Shelter’s S21 validity checker and read up on your LL’s responsibilities in regard to the all this so that you know in detail all you have to do.

Once the S21 expires it’s unlikely the tenant will leave so prepare for that by getting yourself a solicitor who is experienced in tenancy law to start eviction proceedings. In fact, you might want to talk to a solicitor now because considering you’ll almost def need one later, you might as well get them involved now to make sure you do everything right.

This will cost you and will take time, but if the tenant is serious about being made homeless, they are likely to take that as far as they can go which means that once the court decides in your favour, you can get baillifs in to evict them and get your property back. Be prepared for it to need a fair bit of work and more expense to get it back on the market.

The alternative to this is to agree minimal rent rises annually in return for the tenant staying long term. That might cost you, but you’d need to weigh that cost up against the cost of doing all the above and factor in the stress you’ll be put under. Whatever you do, protect that deposit anyway.

And if you ever let property again BMV then make sure you issue S13 notices each year in order to at least keep your head above water.

Did you issue any replacement tenancies during that time? Is the tenancy currently periodic?

You should return the deposit to the tenant with evidence of doing so.

You can serve the tenant with the EPC, GSC’s and How to Rent now and then serve a s21 the next day.

I agree with the suggestion of increasing the rent to full market value now if you can.

Interesting. What advantage does this give over protecting it now as I’ve advised? Would it raise the question in the tenant’s mind as to why the deposit was being returned and possibly increase the likelihood of them suing for non protection of deposit?

You cant keep it. You have not processed it correctly, and would not be able to evict for this reason, without it being returned.,

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It needs to be returned if not protected properly. I’d go with something like “I’m returning your deposit to assist you in paying the increased rent”. This should make the higher rent affordable for a period of time and if he has been there 6 years there is less need for a deposit anyway as there is less scope for damage claims assuming you haven’t renewed much during the tenancy.

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A s21 notice wont be valid until the deposit is returned or used as rent by mutual agreement.

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In terms of service of the 3 key documents - how are you communicating with the tenant? If email, then email those documents over or you could also use docusign which confirms if read.