Buy To Let Blog
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Blog: I am currently trying to recover over 3months rent from tenants who have been unco-operative. I tried contacting them without luck, I have also visited the house a few times (costing £100 each ocassion)with no response. The tenants are without any legal tenancy agreement. In order to reclaim the property back and carry out the necessary repairs on the house, I intend to change the locks and invite the tenants to discuss a new tenancy terms with my new letting agent.
IS THIS ADVISABLE?
Blog Reply: To change the locks and therefore deny your tenants access to the property they have been occupying is illegal and you can expect severe penalties, irrespective of the financial situation between your tenants and yourself. As you have in the past accepted rent from them, an Assured Shorthold Tenancy agreement has been indeed established whether or not it is in writing! As they are more than two months in arrear, you need to serve them with a section 8 notice which gives them two weeks to pay up some of their arrear and if this is not forthcoming, you then need to take them to the local county court using form N5 and a fee of £150. If they still have not made themselves less than two months in arrear by the time of the court hearing, and your paperwork is correct, the judge will grant you a possession order. Once you have this and it has become final, because said judge will give them a little more time to pay, you can then ask the court bailiffs (£95 I think) to evict them. Then and only then can you reclaim your property. You are also advised to serve them with a section 21 notice which is used by landlords to evict tenants without reason provided 2 months notice is given, but in your case, a court heaing will still be necessary as you do not have a written tenancy agreement.
Blog: The fact that they are not there. I could claim the property on grounds of abandonment and leave my contact number for them. I do not want this to drag on for so long.
Blog Reply: Be advised that some "professional" tenants will do this, wait for you to change the locks and then, with legal aid of course, throw the book at you. On the other hand you may get away with it.
Blog: I have issued both section 8 and 21 notices but the tenants still refused to leave. They have just set up a new shop.
Can I put a charge on their business assets?. Please advise
Blog Reply: You must take the necessary court action. If you use the section 8 route, judgement will include payment of the outstanding sums. Once you have this judgement then you can enforce it in this way I believe. If you get rid of them by a section 21 notice, then a separate action in the small claims court is required to obtain the outstanding rent when such an enforcement process may again be contemplated.
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