UK Landlord Forum / Life

Hi everyone,

I'm looking for some advice on a situation I'm dealing with as a first-time landlord and could really use some guidance on what to do next.

In August 2021, I rented out my first property after moving into a bigger house with my family. The tenant is a friend of my father, so we only created a basic contract at the time. The tenancy was extended in 2022, and the agreement expired on December 31, 2023.

In January 2024, I met with the tenant and told them I'd need the property back by the end of the year but wouldn't increase their rent. We met again in September 2024, and the tenant confirmed they would vacate by December 31, 2024.

However, in December, the tenant informed me they hadn't found a new place and would be applying for council housing. They asked me for a Form 6A and other required documents, including the EPC, gas safety certificate, and deposit protection. I didn't realize these were needed earlier, so I provided them in January 2025.

Now, it's February 20, 2025, and there's been no further progress. I reached out to a local lawyer who advised that, since the original tenancy was informal, a judge may not approve the eviction.

Has anyone been in a similar situation? What steps should I take next? I'm unsure of how to move forward. Any advice on eviction, or steps I may have missed, would be really helpful. Thanks in advance!

I have never heard the term " informal"  regarding a tenancy. There is no such thing. Even if there had been no piece of paper signed, a tenancy would have been created when they took the keys and paid rent.

Did you just fail to hand over the information until January, or had you not protected the deposit and had the various checks done until then? Either way you could have  big problem.

I really hope these " friends"  are not going to take you to the cleaners over this. Never rent to friends or family. They are unlikely to get housed by the council any time soon, unless there are special circumstances such as young children or disability. Don' t go back to that lawyer, I think you need a specialist eviction company.     

Quote from: arsy20 on February 20, 2025, 05:38:25 PMThey asked me for a Form 6A and other required documents, including the EPC, gas safety certificate, and deposit protection.

It was at this point we all realised... your family friend has become something else entirely. A family enemy? Quite possibly.

I can see how you have tried to come across as rational and reasonable... but, to me, you seem like a chancer, and incompetent to boot. As you took a Deposit and didn't bother to protect it - and your Tenant appears clued-up - brace for a 3x penalty.

What steps should you take next?

Let's be brutally honest... anything formal you try now, in an effort to retroactively correct your mistakes, is going to be drawn-out, costly and liable to fail. There is no cheap and simple route to take. Therefore I would consider trying to cross palms with silver in an effort to get out of this predicament. I don't think any route is going to be attractive to you. Say "goodbye" to all that rent you received, I fear. A specialist eviction company will also cost, but is the more normal route forwards when you've found yourself in quite as much effluent as you have. Some others may say it is not the way to go - basically, bribery - but I'd prefer to say it's an informal (sic) quid pro quo. At least it would result in an agreement, it's not like some heavies have turned-up.

There is little room for honour when the thing at play is a home.

Quote from: arsy20 on February 20, 2025, 05:38:25 PMThey asked me for a Form 6A and other required documents, including the EPC, gas safety certificate, and deposit protection. I didn't realize these were needed earlier, so I provided them in January 2025.

If you didn't have a gas safety certificate at the start of the tenancy then a Section 21 is off the table. Unless you have grounds for a Section 8, your tenant can legally stay for as long as he wants.

There's a lot of competition for rental properties at the moment so, if you want him to find somewhere else, you may need to give him a bit of extra financial clout so he can compete.

I dare say the lawyer you spoke to will have told you how much your tenant can sue you for in respect of the unprotected deposit so consider making a virtue out of a necessity and getting in first with a cash offer.

The idea of giving money to nightmare tenants sticks in my throat as a rule.  However you don' t mention anything like that, so I tend to agree with the advice from the other 2 members, it could save you a lot of sleepless nights and a great deal of money.