Greetings, beleaguered landlords of Blackpool and beyond! Ever feel like you’re more of a charity than a landlord? Well, you’re not alone. It turns out, about 35% of landlords reported tenants falling behind on rent in the last year, which is up 3% from the previous year. But don’t worry, we’re here with a wand (or maybe just some very sharp legal minds) to help you tackle those non-paying tenants and get your property back where it belongs – in your capable hands.
The rising costs of living and high energy bills have significantly impacted both landlords and tenants – however, it is not acceptable for tenants to just stop paying their rent. Buy to Let landlords are reliant on their rental income, whether they have one investment property or are managing a large portfolio.
In this blog, our Dispute Resolution expert and Director, Tim Fielding shares his valuable insight into managing non-paying tenants and taking back control of your property.
When Your Tenants Turn into Squatters
One minute you are quite happy with some respectful tenants that are paying on time and not causing you any issues, then out of nowhere your tenants morph into squatters faster than you can say “where’s my rent?”.
Of course, minor hiccups do occur – tenants could have some banking issues, have temporary financial difficulties, or simply miss their rent payment by complete accident. But when the mortgage bills start rolling in and you realise this isn’t a one-off occurrence, you end up footing the bill for someone else’s staycation!
A tenant who has fallen into arrears can be stressful, especially if communication breaks down and you start to worry about the longer-term repercussions.
Evicting Your Tenants
Has your tenant ignored your polite nudges and your more forceful correspondence? It’s time to take legal action before you feel the impact on your pocket.
Navigating the Renters Rights Bill, forms, regulations, section 8s and section 21s is enough to make your head spin like a Pleasure Beach ride! It can be a minefield, especially if you are a landlord with a day job, have a busy family life, or a business to run.
The good news is that instructing a Dispute Resolution Solicitor, with expertise in landlord and tenant disputes, can relieve the pressure and give you clarity.
To speak to someone today for help with a tricky tenant, please call us on 01253 362526.
Section 8 and Section 21 Explained
A Section 8 is the first step for landlords to take. It is essentially one final warning, which gives tenants 14 days to get up to date with their rent arrears. It warns that you wish to seek possession of your property and if rent is not paid, then you can obtain a court order to evict the tenants.
A Section 21 notice is still legal and can be used, however, as per the Renters Rights Bill, they are expected to be abolished from the Summer of 2025. A Section 21 is a two month notice to legally end the tenancy. Going forward, Landlords will need to rely on Section 8 notices for troublesome or non-paying tenants.
How Can You Reduce the Need to Evict Tenants?
Evicting a tenant should always be a last resort – its not an ideal outcome for landlords either as it can disrupt cashflow.
- Open and regular communication is key. Building a good relationship can reduce the chances of them breaking any aspects of their tenancy agreement, including rental payments. Being approachable means that they are more likely to speak to you about any issues before they get out of hand.
- Carefully consider payment plan options. If you have a good relationship with your tenant and you trust that they are in a temporary squeeze but will be able to return to their usual timely rental payments soon, then you could explore a payment plan that works for you both. Be very clear about the terms and ensure that it is only a temporary solution.
- Stick to your inspections. Making an effort to visit your property and your tenants in person can help to further build a relationship, but inspections can also alert you to any problems that might be lingering.
- Compliance check your tenants. Completing checks on affordability can help reduce the risk of payment issues later down the line.
Support With Evicting Tenants
Dealing with difficult tenants or communicating with tenants that are pleading painful financial situations can be stressful and upsetting even for seasoned landlords. Eviction is not a pleasant scenario for either party.
The most common reason for a residential lease termination and eviction is non-payment of rent. Quite simply, if they can’t pay, they can’t stay. As long as you have provided a habitable, secure property, then non-payment of rent is unacceptable, and the courts will support landlords in recouping their losses and taking back their property.
Talk to Barker Booth & Eastwood for trusted legal guidance for Landlords.
Call us on 01253 362526, email info@bbelaw.co.uk or complete the contact form on our website for our legal team to get in touch.
We look forward to resolving your stressful landlord and tenant issues and giving you back the confidence to rent again.
