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.
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
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?
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
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.
Sounds like you’re on the right lines serving paperwork, but for a rolling periodic tenancy you can either use Section 21which normally requires a little over two months’ notice or pursue possession under Section 8 on rent-arrears or other grounds. But both routes can be vulnerable in court if you haven’t complied with pre-conditions like protecting the tenant’s deposit and serving the prescribed information, providing right certificates etc. so keep all your tracked delivery receipts and photos as evidence. Also record every contact attempt you make with them, and if they remain unresponsive once a properly served notice has expired you can apply to the court for possession.. if you’re unsure about compliance its worth getting a housing solicitor to check before you proceed.
Thanks all for your replies. I am considering issuing a Section 21 notice and, once rent arrears reach two months, also a Section 8 notice.
Nonetheless, the tenants have been in the property a long time and it is well maintained. So I am still thinking of giving them one final chance with a firm letter. If I state in that letter that they may face eviction if they do not pay and get in touch within a week, would it be an issue if I then proceed to issue a Section 21 notice?
Never does any harm to keep trying communicating but I think on things like rent increases or eviction better to tell people in person not via letter text or email so you can explain why to people especially if it may come as a shock or surprise. A formal warning letter might get put in a bin next to.any overdue bills debt letters etc and might make serving the s21 physically harder as puts them on guard- what if they then block the letterbox and change the locks…. Get advice from an eviction specialist.
I’d book an inspection visit and go and tell them face to face and hand over a letter to them, taking a friend to witness. Youve said they haven’t received the letters you posted and they may not have got your email (an old email address or gone to junk folder because they don’t recognize your.email address?)
-if it’s all some sort of misunderstanding then maybe they can explain (perhaps they haven’t actually been told you were the new LL now etc)
-if they deliberately haven’t paid it due to a change in circumstances it would be better to understand and decide if you want to consider (eg if they want to get UC)
-whatever the problem is, if they get a warning from you in person they are more likely to take it seriously and it shows you are willing to listen and try and sort out because you can explain that if you can, you would like them to stay as they are good tenants who take care of the place, but they do need to pay the rent on time. So it’s more constructive and less confrontational than a warning letter on its own. Gives you a chance to assess their response.
Maybe I’m just being cynical but seems to me the writing’s on the wall and they’re playing games. I’d go round with the keys and if they don’t respond try them to find out if the lock’s been changed. If they’re in the property and they object, apologize profusely and tell them you assumed they’d either left or died as there was zero response from them. Then ask for the rent.
I wouldn’t bother to threaten them with eviction, I’d just issue a Section 21 while you still can. Plenty of other tenants in the sea who won’t treat you with such contempt.
it’s fine to add they may be evicted etc if non payment of rent, i can’t imagine that’s something that’s going to surprise ANYONE
Section 21
have you issued everything correctly pre-tenancy, gas safety’s etc all up to date ? if not you will need to rememdy any breaches prior to issuing the S21
you will have to go after any rent arrears outside this process
Section 8
you can still issue this with the rent arrears and allow it to run its course.
I believe you can also include rent arrears judgement in this process
Non comms
You can use a professional process server to serve notices, this will be accepted by the courts.
You can also offer to mediate eg if you can’t afford the rent its fine we can come to an agreement, reduced rent for short period. It at least gets them talking, the S21 and S8 can still run in the background
It sounds to me as if you’re new to this and you have failed to undertake your due dilegace before exchange. I would suggest that you get ready to quickly serve a section 21. Assuming that there is a valid reason for the delay. Maybe different bank details. If they e paid for the last 1: months my thoughts would be why have they suddenly stopped. Might be a totally valid reason. However assuming you’ve served a section 4a. The right to rent guide. An in date EPC a valid gas cert if the property has gas and a valid EICR. Then you should be able to verify them. If any of these documents have not been served you will lose in court. I’ve just had to pay an 8K bill as I used a section 21 and sent the old gas cert by mistake so the judge threw it out. I won the second time around. You’ve only got until the end of April so I’d hurry up if I were you because after May 1st. You’re gonna be in deep water as their rights so much in their favour. Did you take out landlords insurance for loss of rent a lawyers fees. ?
I don’t believe you have stated anywhere that you viewed the property and met with the tenants prior to purchase, or that a solicitor / agent has notified the tenants of your ownership and where to send rent payments and how to communicate with you, their new landlord or an agent.
If all these steps have been covered then, yes, the tenants are at fault.
Try visiting the property to speak with them and take along a letter stating your concerns and requesting immediate rent payments and communication to arrange an inspection. Include a notice to inspect the property a time and date of your choosing, allowing 48 hours minimum notice, in case you do not get to speak to them directly, posted through their letterbox by hand with a date stamped photo of the letter in the flap.
If no response, then consider an S21 asap before the RRA comes into play.
