I’m not a charity: Is it time to issue a Section 21?

Reply to the comment left by John Simpson at 04/07/2024 - 10:03
I’m not the author :).

We absolutely should try to help the tenant because regaining possession is expensive and stressful. We should ‘be kind’ and treat people how we would like to be treated. It’s a tough time for us all and only going to get much worse under Labour.

Reply to the comment left by Ron H-W at 04/07/2024 - 10:07
You'll be lucky to be successful with a Discretionary ground, which means you'll need 6 full months arrears before issuing the S8, and then wait for a court date, and then wait for bailiffs [if successful]. Allow at least 12 months.

All the while, the tenant won't pay rent, the property will not be maintained, and you probably won't get your arrears and legal costs.

My S8 cost me £20k+

Is it any wonder landlords are angry and exiting the PRS!

The interest you charged will muddy the waters if/when it goes before a judge.

If it was me I would cancel the interest from the payment plan completely and pay back (yes I know!) any interest amount to the tenants. Ideally by bank transfer so you can prove you have done this. Also communicate that you do not expect interest payments going forward.

Your problem is not getting your overdue rent paid but damage limitation. Ie taking a smaller rather than bigger loss.

Social services have no say in this but have actually done you a favour in alerting you to the problem you have created charging interest.

Have the tenants kept up with the payment plan you agreed with them or are they behind on that? I ask because if you agreed for example that they pay over the next year AND they have been paying as agreed a judge won't look kindly on you breaking that agreement.

On the other hand if they haven't kept to the payment plan, issue an S21 and S8 notice - perhaps through one of the specialists on here.

You can't charge interest unless it is in your AST contract with the tenant and for the other one the tenant has to be 2 months in arrears before you can issue an S21 and £600 in arrears doesn't sound like 2 months rent.

Doesn't have to be in the AST

It's gov legislation so it's fine

I think you will find eviction of the tenant virtually impossible using section 21 because of the illegal amount of interest you charged .
A judge would throw it out .

Section 8 would be difficult as well.

The rule of thumb is when a landlord breaks the law , getting his property back becomes a very long winded process and expensive.

If your tenant is disabled or has mental health issues which require her to have social workers or a care worker and you have done something illegal like charge her a illegal interest rate you are in for a world of pain .
I have dealt with a tenant who had mental health issues and a care worker and took 2 years to get her out and cost £30,000 in legal fees .
People with disabilities have very powerful legal protections and you need specialist legal advice on how to deal with a tenant with disabilities.

Good luck

'Trying', in your own opinion, to be a 'decent landlord' is simply not nearly enough.

A well-meaning, just-learned-to-fly, private-pilots-licence-holding easyJet passenger offering to fly the now severely delayed commercial plane full of passengers to the destination because the real Captain is sick, is what you essentially are. It simply wouldn't wash to say you were trying hard and was just trying to be helpful.

The Housing Act and Landlord & Tenant Act are NOT like 'normal' life. They do not follow what you nor I would consider to be the expected case. You cannot just do as you please or what 'seems reasonable' to you.

You've no doubt been running like this for years, possibly decades and just because you've not encountered a problem, presume you're 'doing alright'.

For the love of god...serve notice. Sell up. Leave the industry. Stop making it worse for the rest of us by being totally, totally amateur at it!!

If I were your tenant I would have your pants down and run you ragged until you would do ANYTHING to just get out.

Reply to the comment left by Luke P at 04/07/2024 - 13:10
If the tenants Social worker is on the ball he is going to be shown the error of his ways over the next 18 months.

I would advise any landlord whose tenant becomes disabled to go and speak to a specialist lawyer about there responsibilities to the tenant .

Disabled tenants have more protection from eviction even if you follow the letter of the law you will probably not get a eviction order .

Reply to the comment left by SteveFowkes at 04/07/2024 - 12:02
I may be wrong but I believe it needs to be in the AST.

From the dot gov website…

𝑎 𝑑𝑒𝑓𝑎𝑢𝑙𝑡 𝑓𝑒𝑒 𝑓𝑜𝑟 𝑙𝑎𝑡𝑒 𝑝𝑎𝑦𝑚𝑒𝑛𝑡 𝑜𝑓 𝑟𝑒𝑛𝑡 𝑎𝑛𝑑 𝑟𝑒𝑝𝑙𝑎𝑐𝑒𝑚𝑒𝑛𝑡 𝑜𝑓 𝑎 𝑙𝑜𝑠𝑡 𝑘𝑒𝑦/𝑠𝑒𝑐𝑢𝑟𝑖𝑡𝑦 𝑑𝑒𝑣𝑖𝑐𝑒 𝑔𝑖𝑣𝑖𝑛𝑔 𝑎𝑐𝑐𝑒𝑠𝑠 𝑡𝑜 𝑡ℎ𝑒 ℎ𝑜𝑢𝑠𝑖𝑛𝑔, 𝑤ℎ𝑒𝑟𝑒 𝑟𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑢𝑛𝑑𝑒𝑟 𝑎 𝑡𝑒𝑛𝑎𝑛𝑐𝑦 𝑎𝑔𝑟𝑒𝑒𝑚𝑒𝑛𝑡.

https://www.gov.uk/government/collections/tenant-fees-act

Welcome to prs , l have a tenant who pays when she feels like it it might be a 100 one month full rent the next then half the next, section 8 bye