How to deal with an unresponsive tenant?

There are numerous issues at the property including holes in the wall, dog without permission and other property changes. The police forced welfare entry from an anonymous caller.
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On this basis I would issue section 21 asap before it’s taken away.

I agree, you are seeing a trend and some of the consequences

You cannot use a Section 21 notice if any of the following apply: it's less than 4 months since the tenancy started, or the fixed term has not ended,

unless there's a clause in the contract which allows you to do this.

You also cannot use a Section 21 notice if you have not given the tenants copies of:

the property’s Energy Performance Certificate
the government’s ‘How to rent’ guide
a current gas safety certificate for the property, if gas is installed
You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.

You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.

Giving tenants a Section 21 notice
You must use form 6a, or you can write your own Section 21 notice that includes the same information.

How much notice you need to give
A Section 21 notice must give your tenants at least 2 months’ notice to leave your property.

You may need to give a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.

Section 8 notice of seeking possession
To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.

You can give between 2 weeks’ and 2 months’ notice depending on which terms they’ve broken.

You can get legal advice on how to fill in a Section 8 with the correct notice periods and how to give it to your tenants.

After you give notice
Keep proof that you gave notice to your tenants - either:

fill in the certification of service form (N215)
write “served by [your name] on [the date]” on the notice
If your tenants do not leave by the specified date, you can use your completed N215 or notice to:

apply for a possession order
apply for an accelerated possession order - this can only be used if you’ve given your tenants a Section 21 notice

Reply to the comment left by Southern Boyuk at 19/09/2024 - 12:47
Great info "unless there's a clause in the contract which allows you to do this." do you have such a clause please? I am tenanting my HMO at present and adding certain clauses in. I'm using 12 month fixed terms even tho Open Rent sugggest a 4 month break clause. We do have a tenant surrendering at present.

HI Alison, we had a somewhat similar tenant. in for 5years with no rent increases on our part, benefits tenant, Just used professional eviction route took 8 months due to one of the missing things not mentioned - which was a Selective License the agent failed to inform us of and the Council didnt inform us of either. This tenant appeared a dog too "someone " reported to SPCA as the tenant was incapable of looking after himself let alone a dog which used our carpets 100 times a day to mess on. Honestly this tenant I think is playing you and you need to either put up with it or get rid then sell or bear the cost of renovation, ours denied access at pain of stabbing anyone.. We had to do an EICR to get the missing Selective license and he ran the Electrician off with a knife. In retrospect I would not do unecessary repairs mid tenancy. If he's said he will do it, then push him to do it. Good luck on claiming. If yo have a water tight check in report with pics and writing you should win a claim against deposits - I have won. If you have pics but no wording the Dispute Section ( Dont ever use them!) are in capable to looking at a picture of damage, filth or theft and agreeing it is such. Needless to say we are selling up. 2 sold 3 to go at present.

Reply to the comment left by JohnSnow at 19/09/2024 - 12:34
Hi thank you. Unfortunately I cannot issue s21 until March. Fixed term ends 27/5/25. No break clause, agent forgot to include this and by the time I had checked the agreement it was too late. The only hope I have is an early release request - tenant did express in June he was looking for a bigger property, not heard anything since!!

I was thinking to share with him we are selling, this may encourage him to purse something quicker maybe? We wanted to dip our toe into BTL but it’s been too stressful with this tenant and with RRB, we are servicing s21, selling just in time, fingers crossed.

Happy to hear your thoughts please!?

Thank you.

Reply to the comment left by Southern Boyuk at 19/09/2024 - 12:47
Thank you so much for your in depth response.

My agent is that bad tbh I am contemplating serving s21 myself to ensure it is accurate or at least I will oversee the paperwork and I am already checking with the agent if all documents you listed above were definitely given to the tenant? The one benefit I have is time to double/triple check everything my agent has set up, so I am well prepared!

Reply to the comment left by Disgrunteld Landlady at 19/09/2024 - 13:13
Hi did you complete the deed of surrender yourself? I have one at the ready incase the tenant requests an early release! My insurance/rent protection legal advisor sent me a copy and I included extra clauses, eg, remove all personal belongings including rubbish. Is there anything regarding a DS I need to be aware of please, I need this to be watertight if the tenant agrees to sign it, this will be a condition for the release! Thank you.

Reply to the comment left by Alison Clark at 19/09/2024 - 14:15
A few things from the above:

1 when the tenant is gone and you complete the repairs and replacements you CANNOT claim this against your taxable income unless you continue to rent. Hence its important to do these during a tenancy.

2 check your AST conditions if it states there is a landlord wishing to sell condition

3 by the time you want this tenant out the new regs may be in , so no S21. Hence section 8 on terms of you are selling it.

4 even if the new regs are not in you cannot serve notice until the fixed term ends

5 make sure you have all your compliances done, do not rely on your agent, ask for copies of everything served AND a confirmation of receipt by the tenant, they’ll deny have a cc if they want to remain for longer.

6 you could write to your tenant stating you are not intending to renew the tenancy at the end of the fixed term and that you will be issuing the necessary documentation at the end of the fixed term to comply with legislative requirements. You are writing this as information only and which may help the tenant consider other property availability. Of course you are always open to a conversation as required. Your wording needs to be carefully written but will at least let the tenant know whats going only.

7 Ensure you do quarterly property inspections, post visit write to the tenant with observations, actions required by both parties - things you need to fix and need access, things which are their responsibility. That way they cannot say you have ignored repairs or stack them up against you at the end of tenancy

8 Finally start logging all communications in case of future need should you need this for a court hearing.

Also NRLa membership gives you lots of forms and help when serving notice or other forms of management’

I see your messages are crossing so here’s the last one from the.

Serve notice on your agent so they’re in breach of contract