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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Robert M
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Sign Up11:49 AM, 6th May 2020, About 5 years ago
Reply to the comment left by Ingrid Bacsa at 06/05/2020 - 11:26
Hi Ingrid
While I may agree with your sentiments, the practical issues are far more complex, and it is not possible to simply issue (valid) Licence Agreements based on an "appointed landlord live in", and even if private landlords could issue valid licence agreements, these would still be subject to the Protection from Eviction Act 1977 so court orders and bailiffs etc would still be required (unless you fall within one of the "exceptions" as listed in Section 3(a) PEA 1977).
Clint
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Sign Up11:51 AM, 6th May 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 06/05/2020 - 11:43
Thanks for the info Robert. Will make applications now to avoid even longer delays. Hopefully, they will not get lost in the system as they so often do.
Chris @ Possession Friend
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Sign Up11:54 AM, 6th May 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 06/05/2020 - 11:49
Ingrid, I agree with Robert, but also, I like your idea that mass Issue of Notices would send a message to Govt.
Difficulty is in getting landlords co-ordinated to take collective action.
I do think , Post-Corona, - that landlords will be EXTRA careful on vetting tenants ( which will be a good thing ) - looking out for any defaults in say, last 5 years. Pass the problem ones onto the Local Authority
Ingrid Bacsa
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Sign Up19:41 PM, 6th May 2020, About 5 years ago
Reply to the comment left by Robert Mellors at 06/05/2020 - 11:49
Dear Possession Friend
With respect, any "lodger" status does not come with protection anything like assured tenancy status. I have even recently researched this matter for changes in rules for lodger tenancies, in view of your information. Even Shelter's advice in this regard, as well as Citizen's advice, appear to confirm that the situation is unchanged.
A lodger may be regarded as having "unoccupied" tenancy status . No doubt you are aware, a Landlord can issue a Licence agreement, an unoccupied tenancy agreement or a simple lodger agreement - the lodger's statutory rights are almost "nil" and they must abide by the landlord's prescribed terms, which they will have signed up to do at the outset.
If i give my trusted lead tenant permission to share his residence by subletting a bedroom or two, he becomes the bill-paying "landlord". If his lodger does not conform to the house rules the lodger has to leave upon request. Although a notice period of between two weeks and a month is preferred, it is not mandatory if the landlord feels threatened in any way by the lodger or does not trust him in the house. He can legally even change his locks whilst the tenant is out and leave his possessions outside if he feels intimidated. If a lock is on the lodger's door, and the terms specify that the landlord must give notice to enter their room, then the tenant's rights are stronger and he may be entitled to more notice. But he is sharing his landlord's kitchen and facilities so he still has to conform to house rules if he wishes to use these facilities.
I am not a qualified specialist, but it is evident from my recent findings that, clearly, one cannot have a lodger with equal or more power than the bill paying landlord if both are living within the home of the landlord.
Chris @ Possession Friend
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Sign Up21:38 PM, 6th May 2020, About 5 years ago
Reply to the comment left by Ingrid Bacsa at 06/05/2020 - 19:41Maybe, ? its not as simple as you think, depends on a number of things. We've seen 'lodgers' successfully argue that they were tenants. Too much to go into here as Robert said.
Ingrid Bacsa
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Sign Up19:16 PM, 7th May 2020, About 5 years ago
Reply to the comment left by Possession Friend at 06/05/2020 - 21:38
Not really, I do not wish to appear arrogant but ....
if the signed agreement is clearly headed: UNOCCUPIED TENANCY
or
LODGER LICENCE AGREEMENT
and is worded according to the Landlord's own terms in his own home, in detail, and signed by both parties - There can be no forceable compromise.
Clint
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Sign Up20:37 PM, 12th May 2020, About 5 years ago
I applied to Croydon County Court for a bailiff eviction following a court order and I got the response response below which indicates that all applications will have to be made after 25th June 2020 I.e. if there is no extension to the ban on evictions.
Dear Sir
The message refers to your application for a warrant of possession and £121 cheque.
Both have been returned to you as currently the Court is unable to process the application for the following reason/s:
1. Further to the practice directions (PD51Z) which came into force 27th March 2020, all possession proceedings, including enforcement have been stayed for a period of 90 days from the date of the direction. The practice direction might be reviewed and/or extended as necessary.
2. The bailiffs are therefore, unable to provide eviction appointments at this stage.
Once the practice directions are lifted the Court will process any re-submitted or new applications in receipt of date order.
The Court will endeavour to ensure that all applications and eviction appointments are dealt with and processed as quickly as possible.
The Court appreciates your patience during this period.
Kind regards,
Ms X
Enforcements Team Leader
Chris @ Possession Friend
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Sign Up21:24 PM, 12th May 2020, About 5 years ago
Reply to the comment left by Clint at 12/05/2020 - 20:37The court should at least ' Accept' them, albeit it unable to diarise them until the lifting of PD51Z is known.
That way, the court will at least have an idea of what the backlog is.
( Tends to show they don't particularly care ! )
Clint
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Sign Up22:44 PM, 12th May 2020, About 5 years ago
Reply to the comment left by Possession Friend at 12/05/2020 - 21:24
Very true. I cannot understand why they cannot do something as simple as that so that they are ready for when the courts are ready to act.
Ingrid Bacsa
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Sign Up23:51 PM, 12th May 2020, About 5 years ago
Reply to the comment left by Clint at 12/05/2020 - 22:44I for one, will NEVER be a pawn to the government again. Shorthold tenancies are too risky: stupid deposits, unbalanced by outrageous eviction laws, unnecessary licence laws re HMOs, forced "district" licencing, ridiculous excuses for fees, increasing regulations, and now forced "mediation" which is in fact a cash raising excuse to further denigrate landlords and minimise the Homeless figures. AST type letting must be the only business in the UK that rewards contract breaches and punishes the victim. There other ways of letting that minimize losses folks! Let government take responsibility for housing shortages.