@alang23 very detailed guidance. Whats the best solution if the tenant is in arrears?
The 'best solution' is to evict the tenant under a Section 21 Notice as Possession is guaranteed as it is 'mandatory'. Judges have no scope to allow the tenancy to continue.
A Section 8 Notice being generally 'Discretionary' (on the Judge)gives you no certainty of Possession.
Landlords rarely evict a good tenant (unless they wish to sell a property). The rent is paid every month often by direct debit or if on Housing Benefit can be paid directly to you.Therefore you have a recurring payment every month, and you should 'look after' a good tenant just as you would a good customer.
With a reluctant tenant, rent may or may not be paid, damage may occur to the property, the property may not be looked after etc.
Things only get worse. Therefore you are better cutting your losses and getting a decent tenant.
The problem is for 'accidental' landlords or casual landlords (e.g. you've inherited your parents home and want to rent it out rather than sell it). If you can't devote the time to the regulations and legislation then use an Agent. Many landlords buy an 'investment property' then become overwhelmed with the paperwork. For example you need to ensure you tenancy is legal/serve Notices correctly/know how to fill in Court paperwork (at £355 a time to evict !!!!)/arrange for Electrical Certificates/Gas certificates/insurance/and now check that the tenant has a 'right' to live in the UK /you also have to correctly deal with Tenancy Deposit legislation (or it becomes a nightmare to evict any one) etc etc.
If you can't do it or haven't got the time use an Agent. Or at the very least join your local landlords association where you can pick the brains of other landlords and have free access to necessary forms and documents (e.g. Tenancy Agreements/Court Documents/guidance etc)
We've got a large number of properties, so we've got our own maintenance staff. We even print the phone numbers of our maintenance people on the tenancy agreement so there is no doubt the tenant should know what to do.
We have got all the necessary up to date legal documents Tenancy Agreements/Court documents and know how to fill them in.!! We've been to Court so many times we've got a 'season ticket' there !! We've heard every conceivable excuse. At the Court the Tenants have access to the 'Duty' Solicitor (sign here 'free' legal aid....all at the taxpayers expense!!!). The 'Duty Solicitors' first line is that the 'Tenant never received the Notice to Quit, so it is not valid'. That is why in my first post I said deliver the original Notice by Hand with A Witness, and post a second copy with Proof of Posting. !!! You can then refer the Judge to the Witness statement that the Notice was delivered correctly AND a second copy sent by Royal Mail and this is the 'Proof of Posting Certificate'. !!! The next game the 'Duty Solicitor' will play is that eviction will cause the tenant real 'hardship' and they request the Judge to delay eviction by the maximum 42 days for 'exceptional circumstances'.!! The answer to that is also quite simple, the tenant does not have a life threatening condition, they simply haven't bothered to find alternative accommodation during the period of Notice (usually 2 months)then a further 4-6 weeks awaiting the Court process. So in 3 months + they have not secured alternative accommodation and that is not our problem.
Generally Judges are on the side of the tenant so you are always 'going uphill'.!
Regards
Alang23
