UK Landlord Forum / Life

Hi, I'm a first time single landlord and issued a section 6a last October to my tenants. The date has passed and they refuse to go, they refuse to communicate with me and just send a nasty message saying call the council. I've done everything the council have asked, and they too are not responding, only saying as long as they pay the rent then they can stay. These tenants have flouted the agreement right from week one, have damaged the property and refuse to let me inspect the property, when I've given 2 weeks notice. They also refuse to allow the engineer in to service the boiler.
I really don't know what to do or where to turn, any help would be gratefully appreciated .

Quote from: KrimC58 on April 13, 2021, 04:20:06 PM
I really don't know what to do

You apply to the county court for a possession order, and then when the law allows, have that order executed by a county court bailiff or High Court Enforcement Order. i.e. You go through the process of evicting them through the courts.

Quote from: KrimC58 on April 13, 2021, 04:20:06 PMI've done everything the council have asked, and they too are not responding, only saying as long as they pay the rent then they can stay.

Forget the Council. You have to understand your interests do not match. You want your Tenants gone... the Council does not. Why not? Because they likely become the Council's problem. Right now they're your problem. Don't expect the Council to provide any assistance (more likely you'll get hindrance) when your interests do not coincide. This is one of the pitfalls of letting property to people in receipt of benefits. I am assuming that is the case here... whatever is happening, the Council have been asked for advice, and the standard advice from Council to Tenant is "stay put" (in all circumstances). Don't expect any different.

Thank you for the advice.
Both the tenants work, she wears the trousers within the partnership and is outright rude. Blocks me from all forms of communication, so it looks as if I will be heading down the eviction route with them.
Can I just ask though, what do I do about the deposit scheme, as that also has passed the end of tenancy date.
Many thanks

They [the Deposit scheme] will have written to you, asking you if you wanted to let the tenancy go periodic... and you should have responded "yes"... until the tenancy has ended. If you selected "no" and the Deposit is now unprotected you had better be very careful with antagonistic Tenants on your hands.

Ok. Thank you.
I will let you know how it goes .
Fingers crossed.🤞🏻

Up date.. my tenants have now gone to a no win no fee solicitor saying I didn't protect their deposit in 30 days, and I've got a letter from this solicitor saying court proceedings will go ahead, if I haven't replied in 14 days with the proof. Any advice please.. I know I need to send it, but they have asked for other counter information , but surely this is my defence!

Do you have a defence? Did you let it go unprotected? By mistake?

I did not know it had to be done to be totally honest, never having done anything like this before, and renting out on a temporary basis, which they knew, as I've always been honest with them, they knew about health issues and family matters, which came in the way of things, they said they understood. I have allowed them so much, and I know this is their way of gaining yet more time. I have phoned many solicitors, but it amazes me how few deal in this field. I think I have a solicitor now, so I know this is going to cost me a lot, but if it gets them out( although what state the house will be in) I think it has to be worth it!!! 

Can any other legal advise be given please, as had cost from the solicitor to advise, not actually complete and the cost is well over a months salary for me. I've now contacted my local MP about this, now under the Dr for mental health, been signed off work, which means less money now. I'm at my witts end. I just need help .

Was the deposit protected and the Prescribed Information issued before your served the Section 21? If not, you'll have to start again with a new Section 21.

Are the solicitors asking for money yet or do they just want proof that the deposit was protected in time (which you obviously won't be able to provide)?

When you've confirmed when the deposit was protected, I expect they'll come back with a claim of 3 x the deposit for each tenancy where it wasn't protected. That's the maximum a court would award them. The minimum a court can award is 1 x the deposit per tenancy. You can avoid going to court by making them an offer somewhere between what they want and that minimum amount. If they accept it, that gets the financial side out of the way so, while it'll cost you, at least you can stop worrying about it.

Has anyone got a template letter or advice what to write back to the tenants solicitor stating without prejudice offer. Just can't get my head around what to write.

Have your tenants' solicitors actually mentioned a figure yet or did they just ask for details of where and when the deposit was protected?

You might try a trawl through this blog post https://www.propertyinvestmentproject.co.uk/blog/tenant-threatening-legal-action-tenancy-deposit - although I'm not madly in love with the examples given.

Always amazes me that 1st time landlords don't even think to google "what responsibilities does a landlord have". Or use the government tenancy agreement template (which includes all relevant information - its about 50 pages long).

Let me guess - you don't realise you have to pay tax on that rental money also?

Certificates? Gas safety check? Electrical cert? Smoke alarms?