10:06 AM, 15th April 2020, About 5 years ago 78
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How can landlords deal with anti-social behaviour by tenants?
Private landlords have very limited power to take action against tenants in such matters, and our main form of deterrent (or eventual remedy) was the threat of eviction. Tenants know that this is can be a long process, so it is unlikely to change their behaviours, particularly if their behaviours are due to alcohol dependency and/or mental health issues.
Reality Check:
The Government (as part of it’s Covid 19 response) has now limited still further, the ability of the landlord to evict, by extending the Notice periods, and closing the courts and bailiff services, thus creating a situation where tenants are pretty much able to do whatever they like and landlords are completely powerless to do anything about it. This is well publicised across social media, so all tenants know this. The Notice periods are now 3 months. The courts will have a massive 3+ month backlog of cases to deal when they eventually re-open.
Likely timeline?:
In the unlikely event that the courts all re-open on 1st July (with a full complement of staff), they will have a 3+ month backlog of cases before they can start hearing new cases, so:
– if I serve 3 month eviction Notice this week (lets say 20/4/20 as the date of service),
– it would be 21st July 2020 before I could even apply to the court for a possession hearing,
– court (in my area) usually take 6 weeks for a hearing date, so add on the 3 month backlog, that means the hearing would be listed for early December,
– if court grants the possession on the first court hearing date (so no adjournments) the court gives the resident 14 – 28 days to move out, so that takes us into early January 2021,
– if the resident does not move out on the ordered date, I then have to apply to the court for bailiffs to physically evict them, this usually takes 6 – 8 weeks, so adding on the 3 month backlog this would give an actual eviction date of sometime in May 2021.
This 13 month eviction process appears to be the reality that all private landlords are facing, AND assuming the Covid restrictions are actually lifted on 1st July, and everything starts working at the same rate, and in the same way as previously.
If the restrictions continue beyond 1st July (as they may), and some processes will change (e.g. introduction of a pre-action protocol), and things will take longer to get back up and running at a pre-Covid rate, then the 13 month timescale mentioned above is perhaps over optimistic.
Based on the issues mentioned above, apart from us sending rent reminder/anti-social behaviour letters and 3 month eviction Notices to the residents, I don’t know of anything else we can legally do to resolve issues such as non-payment of rent or anti-social behaviour.
In the case of anti-social behaviour, it would be no good trying to explain to suffering neighbours the 13+ month likely time period before we could evict, as they may then decide to take action of their own to get the residents to move out by force, and I certainly don’t want any residents being threatened or attacked, or the property being targeted for damage.
In the case of tenants choosing to not pay the rent, while this would leave them in debt, if they have no assets, no employment, and no rent guarantor (with assets), then there is no realistic way to get the rent debt paid (unless it can be done via Universal Credit, but that generally requires tenant co-operation, and can only be done during the tenancy not after eviction or tenant moved elsewhere). This is likely to put many landlords out of business.
Am I missing something?
Are there any legal ways to deal with the anti-social behaviour and non-payment of rent issues mentioned above?
I am open to reasonable suggestions if you can think of any?
Robert
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Clint
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Sign Up13:34 PM, 15th April 2020, About 5 years ago
I have a tenant with rent arrears and have had continuous complaints of anti-social behaviour from neighbours and the police have been called several times in the middle of the night. This tenant was ok for about a year and a half before his anti-social behaviour began. I served the section 8 notice and had a hearing for 24th March 2020 which was adjourned.
I only found out on the day of the hearing after I looked it up online that, the hearing was cancelled and now the tenant has become even worse, and I have been informed that he is dealing in drugs, and there are around 10 people visiting him most nights. He is obviously aware that nothing can be done about it.
The council who are well aware of the anti-social behaviour, had called me in the first week of March, and were happy to hear that the tenant was being evicted and said they would give me full support although, they could not supply me with any details of the anti-social behaviour reported to them due to the date protection act. So, in fact they were unable to provide any support.
Robert, I would say May 2021 is only if all the documentation is correct.
wanda wang
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Sign Up22:23 PM, 15th April 2020, About 5 years ago
What about this newly merged the country’s biggest landlord associations NRLA, why did them voice for us, advise the government what‘s happening in reality for landlord to evict bad tenant. Or they just interested in taking membership fee? In fact, if there is a speed eviction process, then the bad tenant will think before act.
Robert M
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Sign Up22:36 PM, 15th April 2020, About 5 years ago
Reply to the comment left by wanda wang at 15/04/2020 - 22:23
The 13 months or more IS the speedy eviction process!!!! (other than the illegal one mentioned).
This will not push me down the illegal eviction route, but I can imagine that it will drive some desperate landlords to do this, for which ALL landlords will then be tarred with the same "rogue landlord" title even more.
Surely there has to be an EFFECTIVE legal process for good landlords to follow, that does not drive landlords into bankruptcy or desperate measures.
Where does the NRLA stand on this, and what are they doing about it?
Chris @ Possession Friend
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Sign Up22:40 PM, 15th April 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 15/04/2020 - 22:36Did you see figures today for Domestic Violence Deaths, - Doubled, ( exacerbated by Lockdown AND the absence of eviction for violent partners ) -
The Government has " Blood on its hands " for not taking a measured approach to the County Court eviction process.
Robert M
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Sign Up22:54 PM, 15th April 2020, About 5 years ago
Reply to the comment left by Possession Friend at 15/04/2020 - 22:40
The Government was warned that there would be a massive increase in DV due to the policies, but they chose to ignore that advice, so yes, in that sense they do have blood on their hands.
Likewise, if there is an increase in violent evictions, anti-social behaviour, neighbour violence, etc, it will be due to Government policies, and again it is an easily foreseeable direct consequent of their actions (closing down the eviction process).
Can the Government be held to account for this, and for the forced bankruptcies of the landlords who will have been denied recourse to a legal remedy (ability to evict non-paying tenants)? - Perhaps a barrister needs to answer that one?
Falco van der Gragt
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Sign Up9:25 AM, 16th April 2020, About 5 years ago
On the issue of domestic violence, this of course means that once the Tenant moves out we have to replace even more doors with holes in them....
On evictions, it may be possible to offer money to the Tenant to leave and properly surrender the tenancy properly. If we stand to loose a years worth of income then that is quite a large sum of money we can play with......
Robert M
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Sign Up14:55 PM, 16th April 2020, About 5 years ago
Reply to the comment left by Falco van der Gragt at 16/04/2020 - 09:25
That's a good point, in the case of non-payers and perhaps even for ones where damage is occurring, it may be more cost effective to pay tenants to leave. However, paying people to leave due to them not-paying and/or causing damage, does perhaps encourage such behaviour, and tenants could potentially do this again and again: free accommodation AND a cash payout as well, until they run out of landlords willing to let to them.
Chris @ Possession Friend
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Sign Up14:58 PM, 16th April 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 16/04/2020 - 14:55
Never say, Never - but its Rarely a strategy I advocate for reasons you've outlined.
Clint
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Sign Up15:01 PM, 16th April 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 16/04/2020 - 14:55
Maybe it would help to get them a CCJ first (slightly more money spent) and then offer them money to leave. One I believe also has to think of the logistics from a business point of view in these challenging times.
Ingrid Bacsa
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Sign Up19:34 PM, 16th April 2020, About 5 years ago
Reply to the comment left by Antoni at 15/04/2020 - 11:01
Anton
A lodger does not have an assured shorthold tenancy. Therefore they are not protected . if he or she must stay put because of Covid19, you have a legal right to call the shots - presumably the bills are in your name and in normal times, you can get her out in 24 hours if she is a threat. She is classed as an "unoccupied tenant" but if there is a lock on her door, give her at least weeks notice in writing unless you can prove theft or vandalism. Otherwise, you can normally bag her things and change the locks when she is out.