Can I still evict a tenant with rent arrears despite council intervention?

Can I still evict a tenant with rent arrears despite council intervention?

9:19 AM, 19th August 2024, About 3 months ago 21

Text Size

Hi, I am evicting a tenant who has been verbally abusive and threatening, and generally uncooperative. His rent is £795 pcm, and the arrears are £1,756.94.

He is not the worst tenant I have ever had and the arrears are not the worst either. But he is getting to be a problem that I do not need – and Renters Rights Bill could well make it effectively impossible to evict.

I got a phone call from the tenant’s brother saying ‘he’s had mental health issues – he will be homeless and on the street’. Well, he was pretty much homeless when I agreed to take him as a tenant, and that’s the thanks I get.

If there is a funny side, it is that he sends texts to the Letting Agent’s landline. The landline then phones the recipient and reads out the texts – if you have ever received one of these you will know that it sounds like a robot speaking (which I suppose it is) – and funny rather than threatening.

Anyway, he has been to the council and they have offered to pay off the arrears if I will reconsider. (No chance.)

Does anyone know if this offer disqualifies me from using Section 8 to evict on the grounds of rent arrears?

Thanks,

Smithy


Share This Article


Comments

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

20:23 PM, 19th August 2024, About 3 months ago

The council probably won't pay anyway. But use s21 it's quicker as the council will claim breathing space 2 month moratorium if you use s8. Does not apply to s21

Martin

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

21:58 PM, 19th August 2024, About 3 months ago

The council told my tenant to stay put , after my tenant owed me 32 months rent £42000 , and my tenant broke all the wooden beams and tiles on the roof , my tenant was a builder by trade. My tenant then used to overfill the bath and spill water down stairs to make the whole house damp . He then put cement in the outside drain and blocked it , water logged the whole garden and the kitchen wall subsided and cracked and broke . Cost me £12000 to underpin the wall and £55000.00 to repair the property.My tenant then pulled a knife and hammer and attacked me when I came to meet construction company for underpinning at property. Claimed he was drunk. He then called council environmental health regarding condition of property which he had destroyed . The council fined me and charged started proceedings against me about the condition of the rented property which my tenants had destroyed. Took 3 years to evict him after a loss of about £102000.00 loss in repairs and lost rent . The council still told him not to move out and gave him housing legal representation..
Really you couldn’t have made this up. Yet the government s want to screw landlords even more. I have photos of the how tenant left my house if anyone wants to see them photos.

Kee Lam

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:58 AM, 20th August 2024, About 3 months ago

Use an accelerated prossession

Dylan Morris

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:16 AM, 20th August 2024, About 3 months ago

Reply to the comment left by Martin at 19/08/2024 - 21:58
Did you have an independent professional inventory carried out (which included photos) at the start of the tenancy ?

Smiffy

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:37 AM, 20th August 2024, About 3 months ago

I suppose you could tell the council you'll reconsider if they will formally underwrite all future arrears and debts, or just pay the rent, in full on his behalf.

Maybe rent the place to the Council, restricted to that tenant only. At least you'd have someone to sue for arrears that can actually pay.

The guy is probably only cranky because of the arrears!

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:19 PM, 20th August 2024, About 3 months ago

Reply to the comment left by Smiffy at 20/08/2024 - 11:37
The council would never agree to that, also you CAN'T sue the council when using MoneyClaim, you have to use a 'normal' solicitor which would cost probably thousands.

Priten Patel

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:31 AM, 21st August 2024, About 3 months ago

Reply to the comment left by GlanACC at 20/08/2024 - 12:19
Whether the council agree is one thing, but if they did, it would seem the ideal scenario (the council become guarantors of sort).

As for reclaiming, MCOL against someone who has nothing is low cost but low chance of recovery, the alternate may cost more but you’re more likely to successfully recover (provided they don’t have any tricks up their sleeve, which of course they would do).

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:44 AM, 21st August 2024, About 3 months ago

Reply to the comment left by Priten Patel at 21/08/2024 - 09:31
The council may clear arrears but will never guarantee rent going forward, no incentive for the tenant to pay.

The idea of MCOL for the lowest amount (£300 costs £35) is to give the tenant a CCJ - as for recovering any monies owed - ask any landlord who has been owed money and evicted how much they got. I would bet at lest 95% never got anything (I actually goy full amount once from a guarantor, but only because he was a decent chap and getting a CCJ against him would have ruined his business).

Darren Peters

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:05 AM, 24th August 2024, About 2 months ago

Reply to the comment left by GlanACC at 21/08/2024 - 10:44
Does the CCJ remain even if they pay off that £300?

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:45 AM, 24th August 2024, About 2 months ago

Reply to the comment left by Darren Peters at 24/08/2024 - 11:05
Yes it remains BUT using MCOL you are legally obliged to mark the payment as satisfied. However, if when raising the original claim for £300 you state that this was for 'only one months rent' then there is nothing to stop you raising another one for another months rent.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More