UK Landlord Forum / Life

Having issued an S21 after a tenant stopped paying rent and refused to answer phone calls, texts, written letters and personal visits, but making small payments to keep below the 2 month limit for automatic possession and declaring an intention to claim original GSC and EPC were never given ( Yes I know, a signed receipt would have stopped that one, we all make mistakes..) I'm now faced with a legal battle, no rent coming in and legal fees spiralling away..

I have been denied entry for an inspection, there's serious damage to UPVC window frames, vandalism damage to interior fittings, missing interior doors and the property is left open at the back to allow access for a dog that isn't supposed to be there in the first place. 3 CCTV cameras have been mounted to the property, damaging coloured render, the gardens are overgrown with Brambles, almost £1000 in arrears and no response to any attempt to prevent the situation deteriorating further.. Without being given access for a thorough internal inspection I'd estimate the damage to be already fairly considerable..

I've issued a letter asking for the arrears to be paid, for the dog to be removed and for the property to be repaired to it's original condition with the overgrown garden tended to and given one months notice to make these repairs, as per terms of my original AST. I will issue another notice of inspection as the months notice expires but don't expect much improvement in the situation.

My chosen solicitor thinks it's probably best to rely on a section 8 notice because of the tenants intended denial of the GSC/EPC issue, but S8 leaves only discretionary grounds if the tenant plays the minimum top up rental payment game up to the day of the hearing, and most of my associates in the area who rent properties think possession wouldn't be granted based on the hardship it may cause to the tenant.. As it stands the hardship this is causing me seems irrelevant in law..

As the S21 requested possession date draws closer is it possible to issue a section 8 with the same date for possession and deal with both, and all relevancies, at one hearing.? And how would I prepare simultaneous 21/8  My solicitor thinks this could lead a judge to be awkward about anything out of the ordinary. I trust her judgements because she is a solicitor but I feel like I need all the ammunition I can get in a dispute with a tenant who is capable and seems to enjoy the game from a legal aid funded position...

Any experience shared in similar cases would be welcome.. As usual I will post updates to help others experiencing the same pantomime. The rent from this property forms 50% of my income so you can probably imagine my current anxiety issues..

Have you weighed-up the ongoing and potential costs of a lengthy eviction?

Is that a sum that is kinda frightening to you... and could be kinda enticing to the Tenant? Have you contemplated (a phrase so commonly newsworthy today) a quid pro quo scenario? A kind of a "cross my palm with silver" situation, but without the need to have your future told... hopefully starting to write it yourself through enlightened pragmatism. Or is that a no-go?

Not sure what you mean here H... spell it out for the thick lad.. thanks..

He means, why not bribe your tenant to move out without a fuss?  Offer to forgive the arrears if he just gives you back the keys and goes.

Incentvise.

I've thought about that but at the moment the tenant is avoiding all contact and has advised me that they are taking legal advice.. I think we're in for a long struggle, which is why I asked about strengthening my position with the courts.

I'm dealing with a tenant who can't pay the rent, has damaged the property, broken several terms of the AST and refuses to discuss the matter or allow access for internal inspection.. and I'm doing it on a reduced income myself with little or no confidence in the legal system..

When someone is in total denial and refuses dialogue it makes a common sense approach harder to appreciate..

I don't imagine I'm the first landlord to go through this, but it's a first time for me and it's looking like I'll need to sell the property when this is all over. Thanks for your suggestion, I appreciate your thoughts and I'll keep everyone posted as we progress..

Quote from: bloofox on October 29, 2019, 09:06:04 AMWhen someone is in total denial and refuses dialogue it makes a common sense approach harder to appreciate..

When people cannot see or imagine a way out they can often put their head in the sand. It might be your job to put thoughts into their head. At least, it might be worth a try. There are ways to communicate that are, effectively, one way and asynchronous... letter? You're not implying the relationship has reached the stage where a letter landing on the doorstep won't be read... just torn-up and binned, because you - obviously - have nothing interesting to say?

What I'm saying is that there doesn't need to be two-way dialogue to suggest a course of action in good faith.