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 2 days ago 17

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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


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David Houghton

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20:23 PM, 19th August 2024, About 2 days 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

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21:58 PM, 19th August 2024, About A day 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

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8:58 AM, 20th August 2024, About A day ago

Use an accelerated prossession

Dylan Morris

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10:16 AM, 20th August 2024, About 23 hours 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

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11:37 AM, 20th August 2024, About 22 hours 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

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12:19 PM, 20th August 2024, About 21 hours 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

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9:31 AM, 21st August 2024, Less than a minute 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).

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