I have recently purchased a property with tenants in situ. I have attempted to contact them on several occasions, but they have not responded so far and not paid rent (which is now a couple of days overdue). I have tried to deliver Sections 3 and 48 via tracked and signed delivery; however, they have not answered the door.
I have also sent the notices by email, as well as messages, and attempted to call them, but their phone is now switched off.
What legal routes can I take if they remain unresponsive and how long would I need to wait before evicting them.
This depends on whether they remain in a fixed term or in a rolling periodic Tenancy. Do you know this? Have you done much due diligence on the rental contract as part of the purchase? Were they paying rent up until the date of the purchase? You say you have tried to serve section 3 and 48 notices, what do you mean by tried? Why hasn’t that been successful? They could just be posted and or emailed if allowed in the rental contract.
I’ve inherited a rolling periodic tenancy. The tenants have been paying rent for at least the past 12 months. I have emailed them the Section 3 and Section 48 notices and also sent them by post, requesting tracked and signed delivery. Unfortunately, the postman reported that nobody answered the door on the last two delivery attempts.
Do you have any suggestions on how to proceed legally or how to ensure I am fully covered in case this goes to court?
Presumably then you visited the property and met the tenants as part of the purchase. Could you not simply go and visit the property again?
Does the tenancy agreement state that notices can be served by email?
The best way to ensure you are fully covered in case this goes to court is to instruct a solicitor specialising in the private rental sector.
If they are blocking your calls, borrow someone else’s phone and ring them on that number. They might answer it because they don’t recognise the number.
I can try visit them again, but I also want to know if there is anything I should or should not do to protect myself in case this matter goes to court later. In case it comes to an eviction, can I evict them on any grounds other than rent arrears if all my attempts to get in touch with them continue to fail.
And no, the contract does not mention the notices can be served via email
@Isabelle6
Not answering the door because you are not in during the day eg at work and unable to sign for a doc is not the same as being unresponsive
Your email could have gone to spam - people do change email addresses - have you had email contact with them before?
So quite possible they aren’t being unresponsive at all
Try calling or texting them and using normal post or hand delivery. Signed for isn’t recommended for serving notices exactly because tenants will be out at work
Re protecting yourself, Arrange inspection in the evening or at weekend, ask them to be there take a friend as witness hand over copies of the notices. Take detailed notes of what was discussed re you being the LL, best ways to communicate, rent amount due date and how to pay you, frequency of inspection visits, any questions they have or issues they raise.. Email and post a copy to them afterwards as a formal record asking if there is anything you missed or any suggested amendments or clarifications from them.
If you already have landlord insurance you may have chosen legal cover option in case you need to evict. Probably too late to get it or RGI if you don’t have already
Good luck
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Signed for delivery is not isually recommended for the reasons youve discovered. Check the methods mentioned in the tenancy agreement and/or photograph yourself hand delivering the notice.
Its a big risk buying a business. Did you do full due diligence on the tenancy and the tenants before buying?
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I guess you are a new landlord learning the complex ropes in a difficult period.
I would go round with a witness early evening and say hello, take a note all friendly asking for a call back if no reply. It just might be a misunderstanding. I have bought a few properties with ongoing occupation but have had a good solicitor.
If you have got a bad situation and a non paying tenant get a solicitor to start eviction, a section 21 while you still can!
You could be many £1,000’s in the hole on this and the law is weak, at least for you. So be prepared to cut them a deal, offer a grand after they have signed to leave and have vacated and you have changed the locks. Dont want to stress you but you are potentially in a very serious situation on this and if you cant resolve it amicably clocks ticking on section 21’s
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I have been in this situation and it doesn’t end well. All the signs are there, so save yourself a pile of worry and frustration. Get them out before RRA commences. They will run rings around you for years if you do not act swiftly and strongly.
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