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How to deal with problem tenants - James Davis, Upad.co.uk

How to deal with problem tenants

However carefully you vet and reference tenants before renting to them, at some point in your landlord career, you'll meet the problem tenant says Upad.co.uk, the online letting agent. Sometimes you see it coming – as soon as they move in, there is a list of problems as long as your arm – and sometimes you don't: personal circumstances change, and when relationships or jobs end, the tenant who paid the rent on time every month can turn into a serial non-payer who you just want out of your property.

It's tempting to think that it's your property, you can do what you like – and change the locks, cut off the gas, electricity and water, and so on. But – however frustrated you feel – don't. The law provides a very specific process for dealing with problem tenants, and landlords who ignore it may easily find themselves up in court on a criminal prosecution for harassment.

Non-payment of rent

If your tenant is two months or more in arrears with their rent, you'll need to serve them with a "section 8" notice: the forms for this can be obtained from any legal stationers or landlords' association. Notify your tenant they have two weeks to vacate the property. If they do not do so, you go to court to have an order for possession granted against them. So long as you have completed and served the paperwork properly, the court will always grant you possession of the property in these circumstances.

But even when you've been granted possession of the property, you still can't go in and force the tenants to leave yourself. This is for the court bailiff to do: make sure you're there to formally take possession of the property, and have a locksmith with you to change the locks.

Note when dealing with court papers: lettings agents cannot sign on behalf of landlords, though a solicitor can. This is, we're told, one of the commonest reasons for failure of landlords' proceedings against tenants.

Damage to property

If damage done to property exceeds the amount of the deposit, then landlords may have a claim against their tenant for "dilapidations". The landlord will need to show that the damage was caused by the tenant, not before or after their residency: here a detailed inventory is crucial. The landlord will also need to prove the amount of money being claimed is accurate, for example by showing bills or estimates for repairs or replacement furniture.

For tenants reluctant to settle bills for damages, landlords may be looking at county court claims: for amounts under £5,000, it's possible to issue a small claim online through moneyclaim.gov.uk

Different rules for lodgers

If you want to remove a lodger living with you in your own home, the rules are much more relaxed. You do need to give your lodger notice in writing that you wish them to leave, and allow a "reasonable amount of time" (perhaps 2-4 weeks) for them to do so. But there is no requirement to obtain an order for possession from the court.

In summary

• Keep records of what was said, and done.

• Never be tempted to circumvent proper legal proceedings to get a tenant out of your property.

• If in doubt, consult a solicitor who specialises in this area of the law before you do anything else.

At Upad.co.uk, we're focusing on helping landlords keep properties filled and earning. Our top tips to avoid the voids come directly from experienced landlords, offering advice not only on the best way to market your property, but on keeping happy tenants in your property long-term. Follow us on Twitter to avoid – the - voids too.

James Davis

James is CEO of Upad.co.uk. A residential landlord for over 12 years with an established portfolio and an active long term investor. Previously Sales Director for First Radio Sales and successful floatation of AIM listed Campus Media.

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