UK Landlord Forum / Life

I have had a tenant for over a year. He paid a year in advance and we had to renew the agreement 3 months ago.

I told him before renewing that the rent was going up due to increase in rates and cost of living and he agreed. We renewed he paid for 2months.

His rent due on 01/09/2023 he didnt pay. I contacted him via text and he responded back saying he forgot to go to the bank and deposit cash (he is a landscaper/contractor so sometimes gets paid in cash). He said he also forgot it was due on the 1st but he was away and would pay when he got back.

I chased him around the 8th of September and he didnt respond. I tried calling and texting up until around the 15th when his number stopped going through.

He has now defaulted again on 01/10/2023.

I had to relocate due to work and I am currently renting but I cant afford to pay both rent and mortgage which I have had to do the past 2 months.

Just wondering what steps I have to take at this stage to make sure I can get him evicted.

I also haven't protected the deposit as I didn't know its a legal obligation?

Quote from: Landlord22 on October 03, 2023, 01:24:35 PMI have had a tenant for over a year. He paid a year in advance and we had to renew the agreement 3 months ago.

When does the new agreement run to?

Quote from: Landlord22 on October 03, 2023, 01:24:35 PMI also haven't protected the deposit as I didn't know its a legal obligation?

Do that now.

Quote from: Landlord22 on October 03, 2023, 01:24:35 PMJust wondering what steps I have to take at this stage to make sure I can get him evicted.

For a Section 21 "no fault" eviction, you'll need to have reached the end of any fixed term agreement. You'll also need to have protected the deposit and complied with various other requirements: see the Section 21 flow chart link in the pinned post at the top of this forum section.

For a Section 8 on the basis of arrears, your tenant will need to be a clear two months in arrears. (You can also use persistent late payment as grounds for eviction but that's discretionary and so less likely to succeed, particularly if it's only been a few months of late/unreliable payments).

How long was the renew agreement for?

You need to issue a Section 8 notice.

Have you;
- Issued the tenant with a valid gas certificate before they moved in
- Have a valid GSC in place now
- Have an EICR in place
- Provided them with the 'how to rent' booklet

Bad news is that eviction will take months and have to go through court.

Thanks for your response.

Sadly I haven't issues any of those - I wasn't aware I needed to.

What are the implications?

And if I protect the deposit now, how would that help?

Thanks again.

if you haven't done the things you need to do when you start to let out a property, getting an eviction will be difficult, or even close to impossible. I'd find an eviction specialist (not a local solicitor) and be prepared to pay what it takes.

Letting a property in the UK is a complicated and demanding thing to do, and you're a number of key steps behind.

Agree with above.

The tenant will know much more than you do by the sound of it, and could make life very difficult for you.Did you inform your mortgage lender and building insurer ( and HMRC ) that you were renting it out ?
 

Quote from: Landlord22 on October 03, 2023, 03:16:52 PMAnd if I protect the deposit now, how would that help?

Well, you'd be complying with the law, which some might regard as a good thing in itself. You'd need to have protected the deposit in order to issue a valid Section 21 but it looks like that avenue is closed off anyway as you didn't have a gas safety check done. The main reason to protect it now is your tenant can sue you for failing to protect the deposit. The maximum penalty is three times the deposit per tenancy so, in your case, that would be six times the deposit. However, as you're a new/reluctant landlord and your mistake was one of ignorance, a judge would be more likely to show lenience if you protected the deposit as soon as you became aware of the need. You'd still be on the hook for a penalty - the minimum they can award is one times the deposit per tenancy, but better that end of the scale than the top end.