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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Chris @ Possession Friend
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Sign Up23:01 PM, 19th April 2020, About 5 years ago
For clients I act for, I would ignore it and complete the form as previously ( Pre-Covid )
Clint
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Sign Up8:38 AM, 20th April 2020, About 5 years ago
Thanks to Luke and Possession Friend for the advice. Do you think, I should cross out ...........I must pay my rent........ or just leave it in?
On another point, all the form 3s say, “Please write clearly in black ink” and, I have always taken this to mean that it must be hand written in black ink. Is it acceptable to use digital text which would still be in black ink jet printer ink which, would make it a lot easier in respect of filling in a lot of these forms as, one could then just keep a template and copy and paste the text each time?
Chris @ Possession Friend
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Sign Up10:19 AM, 20th April 2020, About 5 years ago
Reply to the comment left by Clint at 20/04/2020 - 08:38I wouldn't ' Cross it out, ' Just type under that line.
Type is often used and I've never had or heard a problem with that.. ( All ours are Typed. -Type is black Ink ) I've heard of some pettyness, so don't go blatantly against instructions, like use a Blue pen - I mean, why would someone ?
Clint
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Sign Up10:32 AM, 20th April 2020, About 5 years ago
Reply to the comment left by Possession Friend at 20/04/2020 - 10:19
Thanks ever so much for all the help.
Robert M
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Sign Up10:55 AM, 6th May 2020, About 5 years ago
It is looking increasingly likely that the 3 month eviction ban is going to be extended by another 3 months, PLUS landlords are going to have to jump though more hoops in order to get the possession granted.
Extending the eviction ban does not simply add 3 months to the existing 3 months, because it means that the courts will then have a 6 month backlog of cases to deal with, not just a 3 month backlog, so extending the eviction ban by 3 months is likely to add at least 6 months to the time it takes to secure an eviction. - The 13 month process then becomes a 19 month process!
Can landlords survive 19 months without rent, while the tenants trash their properties?
Can the Government be held accountable for the landlord's losses?
Dixie
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Sign Up11:02 AM, 6th May 2020, About 5 years ago
This is really bad, I’m regretting getting in to property Lettings
Clint
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Sign Up11:26 AM, 6th May 2020, About 5 years ago
I am not clear if we are able to apply to the court at present following possession court orders by judges and the expiry dates of section 8 and section 21 notices.
I had a court order for a tenant to leave the property in March however, the tenant is still there. Am I able to apply to the court now for the bailiff, so that it is in the system ready in order for when the courts start to act on possession orders or, do I have to wait after 25 June 2020 (where this date could be further extended) before making any applications to the court.
As above, if I have any section 8 and section 21 notices that have the request for possession dates as expired, am I able to apply to the courts now so it is ready in the queue.
Ingrid Bacsa
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Sign Up11:26 AM, 6th May 2020, About 5 years ago
We just can shout to all potential landlords and make the reality known to government that we are rapidly shutting shop.. When all current evictions are achieved we must NEVER issue assured shorthold tenancies. We should only ever offer rooms On Licence Agreements with appointed Landlord live-in. Only way to maintain control - and it will be cheaper in tge long run.! (OR offer just temprary serviced accommodation). Let the Councils solve pernanent rental accommodation shortages another way instead of blaming and draining us. Home shortages will then be a hundred fold! Crime and sickness will rocket without us. And the cost of this destitution will be borne by government. Who will they target for funding then? We did our best - not our problem.
Robert M
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Sign Up11:43 AM, 6th May 2020, About 5 years ago
Reply to the comment left by Clint at 06/05/2020 - 11:26
Hi Clint
I believe you can still make applications to the court for possession hearings (after the currently required notice periods), and if you already have a Possession Order and the date set by the court has expired then you can apply for the bailiffs to enforce the eviction. However, the applications will probably just sit in the court's in-tray and not be dealt with as the courts are shut (except for extremely limited purposes), so in effect, any application will simply be joining a very long queue that is not being dealt with, so the delay is just getting longer and longer as every day passes.
Chris @ Possession Friend
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Sign Up11:48 AM, 6th May 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 06/05/2020 - 11:43
But get any applications in, before the Government change the rules ( again ) believe me, it CAN get worse.