Coronavirus Update #3 For Landlords: Tenant Eviction & Repossession Bans

@Benji
Thank you for taking the effort of replying and clarifying! Much appreciated.

@The Landlord
Thank you for attracting such a knowledgeable audience. It saves you from having to be always right ;-)

I have a tenant that has not paid last months rent due to not being at work through this corona virus, however she says she is being paid the 80% of her wages, I have said that because she is still being paid even though it’s only 80% that she is still liable to pay the rent as that’s what it’s for. Am I right in thinking this or is she in her rights not to pay?

Please reply many thanks Ray.

Thanks for your prompt reply, Comments most appreciated.

Ray

Hi The Landlord.
Fantastic site, I wish I would have found this a while ago.

It seems that many of us are in the same boat with this. If people have lost their jobs and are unable to pay then fine, I can deal with that. It comes with the territory of being a Landlord.
My tenant, whose income is guaranteed, seems to think Boris' no evictions policy is a nice excuse to stop paying rent, knowing full damn well that they can't be evicted in the near future.

I am now in the conundrum of serving a s.21 notice and potentially having a pissed off tenant with nothing to lose who I can't evict for many months. Alternatively I wait it out to see how things develop. What a happy choice!

Hi All

Firstly - what a fantastic blog, keep up the good work.

I am experiencing some problems with the COVID-19 situation and a Tenant that is unable to pay rent in full here's the facts:

- Tenant has been in the property since late last year, so relatively short term.

- All rental payments to date have been on times there or thereabouts.

- Tenant contacted recently, noting they have been affected by COVID-19 & have subsequently lost employment.

- The strange thing about this situation is 1 or 2 things don't add up, world pandemic aside, employment seemed to be lost at the end of the year and we have only just been told now (convenient).

- This has seriously lead me to question referencing provided by our agency.

- Tenant refuses to provide evidence of situation and has instead requested LL to make an offer of reduced payment and/or a mortgage holiday! (tail wagging dog).

- Tenant has become a misery to deal with and has become aggressive in communication.

- I am worried about the Government Guidelines as when applied to a circumstance it's contradictory i.e. you must be seen to accomodate your Tenant but then equally the monthly rent is still legally due - it doesn't really make sense when you reach this point.

- My own circumstances with insurance policies and whatnot mean I have saught advice and am following it to the letter. But generally speaking I'm still not feeling great at the prospect of issuing a S21 notice in the current climate nor building arrears with someone who IMO is taking advantage of a situation.

Would appreciate any thoughts on this and hope this helps any other LL in their hour of need, as we are ultimately stuck between a rock and hard place.

Thanks

Dave

Hi
I am suffering the same ; I have a tenant who has been in a year always paid rent on time give a few days late or early .. He contacted me as soon as covid became a real thing and said he couldn't pay .. I asked him to send what he could but havent had a penny .. I found him thru an agent but manage myself the agent wont help at all now .. the tenant had stopped communicating till yesterday.. his wife says she can send me half of rent .. the husband has been working abroad on 120 k a year but says they are having to borrow money from in laws to feed the kids .. the last conversation I had with tennant when I pleaded to his better nature was just deal with it I'm not paying as I havent got it .. I have now found out he has a ten month prison sentence for beating someone up .. they are nearly 2 months behind with rent but I've decided to serve section 21 notice.. I suspect from a photo she screen shot that she had blanked most of it out that she has been claiming single persons benefits but not 100% on this ..I need my home back as I am currently living in lock down in a van .. please can you help

Hi, my tenant spilled the oil on the driveway. I have informed him that needs to be cleaned. No action to be taken since 4 weeks. I came round to clean the driveway myself and when he saw me started giving me abusive language. Can I evict him now for breaking the rules in his term to date contract as he's been aggressive. Also he told me that he changed locks and I can't come to property as he's self isolated. What can I do?

Hi kris
Contact legal 4 landlords so far they have been amazing with me ..
I have had to serve a section 21 and theyve done it all .
I'm just hoping my tenants move out on the date in 3 months so it doesnt have to go to court ..

Anyone else got a tenant that has abandoned the property, subletting, left the country, refuse to give back possession and stopped paying the rent before the virus restrictions were put in place?

So frustrating... by the time we come out of this they will have horrendous debt that I have no expectations of being able to get out of them..

Hi landlord

I've now served section 21 thru legal 4 landlords.. I am living in a van on lock down in Spain and my tenant isn't paying rent due to losing his job not because of the virus but because hes on a suspended prison sentence .. he hasn't messaged or acknowledged the notice .. what can I do now ? Is it just a waiting game with no rent to see if he moves out or not .. I really need to get home so I can get back to work and pay my mortgage .. I'm so frustrated I've been a good landlord and feel really let down ..

Hi
Yes my tenants were found thru an estate agent who did all the checks .. they were perfect on paper he worked abroad on 120k a year his mrs had 2 kids and to be fair always paid on time give a few days either way . She fell pregnant again and I even went round to drop a card off for the baby and we left on really good terms .. then he messaged a week after I'd left to go take a career break for 6 months to say he couldnt pay anymore .. I tried to reason with him and asked him to send whatever he could and could we work a payment plan out this was the day the government announced the new eviction rule . He turned nasty on the phone.. the agent isn't interested in helping me as I manage it myself. Theyve been in since last April.. I found out by accident about the offence he committed but the article I came across said he had 10 previous offences.. I rang the agent and they said they only do checks for bad credit etc even tho I paid £700 finders fee .. they even got my surname wrong on tenancy agreement so ice had to serve a section 48 first .. yes I should have noticed that 🙈

Regarding the van we had a converted long wheel based but now I'm part of the motor home brigade . I've worked all my life never claimed a penny in benefits but now feel I'm resented because I chose travel over material things .. my home was kept and rented for security for my future and inheritance for my daughter .. wished I'd just sold it and should have known not to rely on anyone but myself . I just want to go home go back to work and give up the dream

Thanks ..
I will contact my insurance tomorrow I did contact them a couple of weeks back but that was before I found legal 4 landlords .. I might give my agent a call too .
Thanks

Wjd

How about checking to see what your agents service should have done. Maybe their agreement said they would check for CCJ credit checks etc but they didn’t. They you will have to leverage over them. They might had given you a contract when they agreed to do the ref check.

Converting a van to a stealth camper is a deep rabbit hole on YouTube. Not that I’ve spent a long time doing it either and have a stack of notes and welding course booked.....!😉

Thanks for your response, we have emailed our MP explaining the situation, if the law isn't working right now maybe we can all apply pressure to the government to see if we can get them to update it. While I completely understand protecting those who are stuck in these awful circumstances, I do not understand protecting those people that are abusing what the government put in place.

Good luck all of you.

Hi Landlord

I've just been served a section 21 form6a dated 16/04/2020 but it appears to be the old form with 2 months notice wording - is this form legal / valid or would they need to send me a new form? This was sent by the estate agents recorded delivery. We have never missed rent payments or late and I still have a job.

Just to clarify they have given 3 months notice but the form is the old 6a form

Hi Bill,

If it’s the wrong form I would be inclined to do nothing, Wait as long as you can and until you start getting letters about evictions then inform them the form is incorrect and invalid and they will have to start again and reissue the correct form with another 3 month notice.

@Grumoy,

"inform them the form is incorrect and invalid and they will have to start again and reissue the correct form with another 3 month notice."

Ask them for a reference at the same time.

I an really worried and so stressed .. my tenant isn't responding to anything not the section 21 not paying rent not replying back to me at all.. is there a chance I could loose my home.
.

Wjd,

So long as YOU pay your mortgage I cannot see how you will lose your home.

You should keep using the legal4landlords and let then see through the eviction processs.

It will take months though.

If you cannot pay your mortgage you should contact the bank and explain to give you time.

@WJD

Hi, try what we have.. contact your local MP and explain the situation and how the tenant is abusing governments legislation. Maybe if enough people raise it they will help landlords too by amending it to stop the tenants taking advantage

Ok thank you..
I just do not understand the law .. I have never claimed benefits always worked 2 or more jobs at a time.. had a mortgage since I was 19 years old yet because I chose to rent out to someone who was happy to enter a tenancy agreement can now just decide not to pay or respond and I have to be the one who is careful so I dont upset him .. LsG regarding contacting local MP do I just google that ?

I left my appartment i rented because of the covid19 lockdown for 2 months on coming back my landlord ask me to pay for the house rent for the months i was not around.. do i have the right not to pay

Gosh, what painful experiences. Having got out of the business 2 or 3 years ago, reading these posts brought it all back. One aphorism I tried to cling to was that all bad things eventually come to an end. It is truly a terrible business to be in.

@Landlord

I was told months ago that it would be September before a claim could be STARTED.

I have advised that people get their Coronavirus version of the S21 notice sent so that they are ready to go, but there is something else you and your readers should be aware of.

In the UK the Courts process 10,000 evictions a month, they had a backlog of around 20,000 when the legislation was brought in to suspend proceedings. Meanwhile the there is an estimate of around 60,000 newly sent 3 month eviction notices ready to be eligible for hearings by September.

The run rate of 10,000 a month will not change so depending on what part of the Country you are the claim delays could take over a year to resolve, some even say two years to deal with the backlog.

To reduce the backlog you can expect the Court to be ultra vigilant on the validity of the paperwork and you can expect housing advice and defendant law firms to advise tenants to challenge the paperwork.

So my advice is to first seek a settlement but if you can't do that then to make sure all T's are crossed and all I's dotted.

Remember you are deferring any reduction, I suggest asking for evidence of furlough by means of payslips showing before and after. Alternatively a letter from employer saying will or will not be furloughing (some refuse because it extends the rights of redundancy and gives an obligation on holiday pay).

So if a tenant is furloughed it is reasonable to ask for 80% to be paid with 20% to be deferred.

Meanwhile Landlords may ask for a payment holiday, this was first 3 months but then extended to 6 months. This usually involves extending the Mortgage for the appropriate period, if done with agreement of your lender it does not impact credit record.

Hi thanks for the update today.

There was a query a few weeks ago about EPC's for properties with current tenants. I was in this position myself and found the following guidance. It is clear you cannot wait until the next AST. Hope this helps.

On 1st April 2018, it became a legal requirement for residential landlords to ensure their Energy Performance Certificates (EPCs) have a minimum rating of E. The regulations initially only applied for a new tenancy to a new tenant and a new tenancy to an existing tenant. Now, this law has been extended.

In April 2020, the new MEES rules will apply to all existing lets. At this point, you will need an EPC rating of an E or above to let your property at all.

Even if your tenancy is already underway and you have no plans to renew, after April 2020, you will need to have an EPC rating of E or above or you could face fines.

5 months suspension + backlogs = around 12 in total! What happens if/when the LL becomes bankrupt due to non paying T's?

Peter.... doomed.
The government (either party) don’t give a flying f..... about landlords. It’s a one way push to reduce house prices by forcing landlords to sell up. The small landlord has zero bargaining power.
Whereas the “people” (voters) hate the capitalist scumbag landlord.

Grumpy
(Ex landlord - where’s is my emoji 😉)

Once again the landlord suffers. My tenant has not paid a single penny since October 2018. Now I finally get a section 21 issued evictions are on hold. My tenants has moved other people into the property an the rent is getting paid direct to them. I had to move back in with my mum with with young child. Only put my home on rent for 6 months an almost 2 years down the line I cannot get my home back. How is that right.

Absolutely disgusting blog! People have lost their jobs over no fault of their homes and all these landlords care about is tossing families out of their homes to become homeless. This is why people have landlords they have no sympathy or heart for hard working class people.

The law is not fit for purpose from the point of view of the landlord - end of. Due to scumbag tenants who take advantage to scam honest landlords I will never issue an AST. I will only rent out rooms to lodgers so I can kick out these d***heads without having to go to court when they show their true colours. I can't see any other way else career evil tenants will continue to take the p***.

Jay Smith - get a grip! forget for a second your socialist brainwashing! The Bolshevik revolution is in the graveyard of history. Landlords aren't a charity they are a business. Do you expect other businesses to give you thousands of pounds for nothing? If you set up a business will you be happy to go bankrupt because hard working class need your money? The government could quite easily have compensated landlords for lost rental income during coronavirus. Instead they decided that landlords should be robbed. Landlords can well be working class people that invested their life savings to make a modest pension which they now rely on.

Please could somebody clarify.... I have various properties with EPCs due with tenants in situ, do I need to get this done now whilst they are in there or can I wait until I market the property? My EPC company have said it is like a gas safe it needs to be valid even if you have a tenant in a property

I've got a good idea. Why not sell up - squirrel the money away - soak up all the benefits- rent somewhere but don't pay it - move on to the next mug - so free accommodation for years whilst living it up on the med'! Simple!

#landlord

Unsporting sir....I would never gloat. I feel your pain from a death by 1000 cuts.

Grumpy

Served Section 21 to tenant back at beginning Feb before lockdown, been told that as I have not yet taken them to court and the section 21 is over 6 months old it no longer valid, is this correct?

Great site. Have question, trying to sell my flat notice served on tenant papers sent to court, if I find buyer can i assign the court order to new buyer so that they can get the bailiffs in? Tenant wants council house licensed property had another child so now overcrowding

Headsup! Have been waiting for Pre Covid WOP to be executed since suspension of evictions lifted 20/9. Had letter from the County Court dated 22/10... Note, a whole month- to advise if I want it to proceed, to write confirming, + up dated Bailiff risk assessment. So replied dutifully. Tenant by the way, now abandoned, no keys returned, no confirmation of departure never to return, despite my asking, in arrears + 1 yr, made fraudulent application etc etc.

So pop along after seeing/ paying solicitor for advice on process....is Abandonment notice served early Sept legal, change locks ( done + a month after departure noted) the road to go down, consequences....or follow waiting the court bailiffs to get through to mine so I can get in, redecorate, sell, get out of being LL...to find tenant( or keys given to a mate) been back, couldn't get in, snapped key off in lock.....

Sol says he has indicated by his return he hasn't abandoned it..( all furniture, chief possessions taken, cable to electric cooker cut off at wall!!!)

So, having returned reply already, ring court again to question ( again) where my eviction case is in the queue...to be told NO eviction warrants have been executed,or will be before 11/12 ( read further) and the Bailiffs ( all 2 of them for the whole of Lincolnshire) have been directed to work on other Bailiff related duties..chasing money and non payments....and they have been directed to suspend evictions from 11/12 until 11/1/2021 Xmas period, obviously someone some where in Judiciary..or perhaps Mr Jenrick himself, directed this be the way forward.

So, I ask, foolish..or sheer cussedness on part tenant to ignite my request for keys back and confirmation he's left ( now 2 months ago) means he will continue to be liable for rent ( according to Solicitor) right up until Bailiff executes the Warrant...which could be another year, so tenant already owes +£7.8k, it's going to wrack up into +£10k at this rate. Court clerk says matters not if they have left, to obtain legal possession I must wait...can't get in ( without changing locks again) to make house gas/electric/ central heating drain down for winter).

Just wondering, as half the key is in the lock...maybe this was the tenant's way of "returning the key". Can't find any clues as to how ( not having asked sol, and having to cough up more £££ s to ask/ get answer) and if I could cancel the warrant of possession, and as tenant has left, he has acted according to the Order of Possession issued Feb, but belatedly after Covid lockdown window lifted. And for those socially minded folk, he has worked throughout the period and just decided he wasn't going to pay a jot.

MP took case up with Secretary if State, no less, who was at pains to explain what he had done for LL with a mortgage...but if course my MP will have explained I didn't have one, and this was my only real source of income..and HMRC and their various support schemes didn't apply to.me 'cos of course I am not in business...I am an INVESTIR and as such entitled to diddlyshit.

So can't get house back..son thinks I should risk going in, decorating, selling and worry later about my ( ex) tenant suing me and me getting a criminal record for doing that possibly..for something I own and was meant to be living off...whilst he carries on without a criminal conviction, only a Civil record of CCJs...going around the country doing this...yes..he's a serial rent defaulter and his lovely wife a serial debtor...HCEOs been round chasing her, and him subsequently...and breeding like mice.....

The law is an Ass, Mr BJ PM is an Ass, I am an Ass for ever thinking I could live off rental income until the deferred ( female ) pension I didn't get at 60, kicks in when I am 66.......

Oops, stolen the BLOG limelight...answers on a postcard, please.

Hi , just wondering if anyone can help me. Tenant is in 4 months arrears , they abandoned the property exactly 2 weeks after moving in , refusing to pay rent or give back the keys . They arent even answering their emails or phone . Simply lost contact . Once during the last 4 months they called out of the blue to tell us that they will not be paying rent , but if we try to repossess they will call the police on us ! As it stands , the property stands deserted and we have no option but to wait another two months so we have 6 months of accumulated rent and then serve section 8. Please can you advise if we can do anything at all earlier than May 31?

thanks so much in advance .