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Tenant Eviction

BEWARE: Rent arrears are rising

The piercing effect of rising unemployment and increasing living costs is taking its toll on the rental sector.

A report released this week from Templeton LPA finds that severe cases of rent arrears are up by 13%. This is similar to our own statistics, which shows that instructions against tenants in severe rent arrears are up by 11%, year on year.

However, this seems at odds with the figures from Buy-to-Let mortgage lenders which suggest mortgage arrears are down by 12%.

There could be a number of reasons for this. Either the full effects are yet to be felt, or, landlords may be taking action against non-paying tenants a lot quicker than they were this time last year. In reality, it is likely to be a mix of the two.

For landlords, the message is clear. First, ensure that you properly reference your tenant in advance to whittle out risky tenants. Many novice landlords make the fatal mistake of skipping this step.

Second, if your tenant does fall into difficulty with paying their rent, take action quickly. Establish a repayment plan for the arrears that is fair and achievable for the tenant. Failing this, landlords should consider eviction proceedings.

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Dangerous Types of Tenant: Professional Bad Tenants

There are a few types of tenants landlords should to avoid at all costs. One type is the Professional Bad Tenant: a tenant who goes from one property to another without any intention of paying the rent.

Make no mistake about it; this is the worst and arguably the most dangerous type of tenant a landlord can get.

Because professional bad tenants often know the law just as well as a solicitor, they are dangerous. Often, they use sham defences and spurious claims to try and delay any repossession actions from the landlord.

CASE STUDY: Anthony Alexander

Professional Bad Tenant: Anthony Alexander

Professional Bad Tenant: Anthony Alexander

Many people ask: ‘what is the worst Landlord Action have seen?’ There have been quite a few cases, but one in particular stands out.

The case is that of Anthony Alexander who, in 2003, rented a property in North London. It was the landlord’s only property purchased as an investment for his son.

As with all professional bad tenants, the rent didn’t come in and the games started pretty much from the outset. After going through the traditional ways of evicting the tenant, Alexander began putting in sham defences (for which the Courts eventually banned him, since he was a false litigant).

To evict him fully ended up costing the landlord nearly £30,000. What made the matter worse is that the landlord had to sell the property to raise money to pay the legal fees involved with taking this tenant on.

Fast forward a few years down the line to 2007, when a landlord in South Africa instructed us to evict a bad tenant who owed £13,000. This time, we exposed him on BBC Inside Out.

Landlords need to learn from cases like this. No method of referencing will ever be able to weed out 100% of rogue tenants. However, there are a few key things landlords need to do to spot a professional bad tenant:

• Request 3 months bank statements, which shows if the tenant can afford the tenancy. It also gives an idea about what financial commitments they have, and it shows whether they have been paying rent (or a mortgage) recently.

• Official photographic identification (passport of driver’s license). Ensure it is a genuine document, particularly if your tenant has a foreign passport. Use the internet to search for what that particular document should look like, and, how to tell if it is fraudulent.

• Recent utility bill in the tenant’s name: demonstrates that they have been paying utilities and the tenant put these utilities in their name.

• Employer reference: to check that the tenant is in employment. Also, landlords should follow up the reference with a call to the company’s office.

• Previous landlord reference: many argue that these should be taken with a pinch of salt, since if the tenant was rogue, the previous landlord will want to move the problem on. I think it is still good practice to obtain one.

• A professional tenant reference. They are inexpensive and there are many service providers. This will also usually involve some form of credit check too.

If a potential tenant, for whatever reason, does not want to provide any of this information, alarm bells should start ringing. In our experience, it is only the rogues and professional bad tenants who would take issue with providing a landlord with this information.

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‘Bad tenant left me with £7,000 arrears and depression’

The need for thorough tenant referencing has been highlighted again.

Recently, we acted for a landlady (who wishes to remain unnamed) based in North London whose references – carried out by her former agent – did not flag up a bad tenant.

Unfortunately, our landlady did not get away with it and it has taken almost 6 months for us to successfully remove the tenant from the property.

The tenant paid two month’s rent upfront. After this, no rent was paid. Instead, the tenant went about making changes to the property without the prior consent of the landlord.

Evicting on this ground is difficult because the case will rest on the discretion of a Judge. For this reason, we pursued the matter under Section 8 (rent arrears, which is mandatory grounds for eviction).

We have now successfully regained possession of the property. However, the ordeal had serious effects on our landlady, leaving her with £7,000 worth of rent arrears. It meant that she was unable to keep up with her mortgage and eventually ended up losing her home. Further, our landlady subsequently suffered from clinical depression and had to be signed off work due to all of the stress it caused her.

Looking at this case, we can highlight a few key points in the hope that other landlords will not fall in the same way:

1. Although the agent was responsible for the tenant referencing, landlords must ensure that this is done properly. Read this for more tips on tenant referencing.

2. The tenancy agreement did not have a break clause. This is partly the fault of the agent, too. However, the landlord must assume responsibility for this.

3. Always use an accredited agent. Look for ARLA, RICS, NAEA, The Property Ombudsman, etc. These agents tend to have higher standards.

If you are not an experienced landlord/landlady, using an experienced agent is a must – there really is no substitute.

We’ll leave you with a quote from our landlady:

“This has affected every element of my life leaving me with clinical depression and being subsequently signed off work.  I have learnt from my mistakes but I cannot stress enough to other landlords, the importance of carrying out thorough referencing checks, meeting with the person face-to-face and taking out insurance to protect yourself, so that if the worst happens, you are covered.”

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What about landlord rights?

The Supreme Court have ruled that evicting a woman from her council home for failing to pay her rent would breach her human rights. Judges felt that eviction was not a “proportionate” response.

It well and truly astounds me. Especially when the tenant owes £3,500 in rent arrears and is apparently in receipt of the equivalent of £15,000 in annual benefits.

The obvious question: what about the human rights of the landlord? We have seen many cases where landlords are facing repossession of their rental property due to tenants not paying their rent. Surely we have rights too, or did the honchos at the European Court of Human Rights forget that?

This ruling will open up the floodgates. I suspect that we will see a lot of tenants refusing to pay their rent, and then hiding behind human rights laws.

Many landlords that we speak with are unimpressed with this sort of tenant empowerment – especially when they are the ones who are losing out financially. Many will be demanding answers from stakeholders in Strasbourg and here in the UK – rightly so.

Put this judgement against the background of austerity. Taking on cases like this is not cheap. I am pretty certain that it is the taxpayer that has footed the bill for Hounslow Council to make this defence.

Whilst we can agree that it is fundamentally right to do so in this case, it wasn’t necessary – not for cases like this where it is plain and simple common sense tells us this lady should be evicted.

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Problem tenant costs landlord £50k

Featured in: Daily Star, Daily Express & Evening Standard

Distressed landlord: Denise Joannides.

Distressed landlord: Denise Joannides.

From the thousands of tenant eviction cases that we have handled, we occasionally come across a tenant with an affinity for pinching the odd item from their landlord.

This is to be expected. It is part-and-parcel of what we do as landlords. However, there are some cases that still make our jaws drop.

Today’s Daily Star and Daily Express feature such a case that Landlord Action acted on (The Evening Standard will print it this afternoon):

At last! Kosovans have gone, with my furniture and even a loo seat
Daily Express, 10 February 2011

Kosovan Squatters stole my loo
Daily Star, 10 February 2011

Technically, this wasn’t a squatter’s case. There was a tenancy agreement in place. But, the disturbing nature of this case is that the tenants behaved like squatters, looting most of the furniture from the property and causing significant damage.

The unfortunate landlord is now facing a repair bill of £50k. Understandably, she was devastated when she saw her property.

Cases like this reinforce the need for landlords to act as early as possible. If landlords are not sure when the right time to act is, they can call our advice line and speak with our team.

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