Preventative measures

Often problems can be avoided altogether by taking some simple steps.

• Carefully select your tenants - application form, credit checks and references from previous employers and landlords.
• Visit the property regularly.
• Sort out maintenance problems quickly.
• Keep an inventory.
• Maintain professional, good and open relations with your tenants.
• Keep accurate, up-to-date written records of issues affecting your property.
• Minimise potential damage by ensuring your decor and contents are durable and can withstand everyday wear and tear.
• Use a letting agent.
• Consider using a rent guarantee scheme.
• Take out appropriate Landlords Insurance including legal expenses insurance.
• Arrange for rent to be paid by standing order.

Common problems

Non-payment of rent

In the event of non-payment of rent it is important that you act quickly and stand your ground. If your tenants are able and you are willing, a starting point may be to negotiate alternative payment methods and dates. If this is not an appropriate solution then you may have to take steps to evict your tenants and obtain possession of the property (see below).

!Warning: Harassment!
Although non-payment of rent is frustrating at best and financially difficult at worst, be careful not to push your tenants too hard for the money or be tempted to change the locks or cut off utility supplies to the property. Doing these things could result in your tenants bringing a harassment claim against you. Keep communication polite, professional and in writing.

Damage and criminal activity

Depending on the circumstances, if your property has been damaged by your tenants contact your insurance company and the police. Additionally, if you believe your property is being used for any criminal activities (such as drugs, illegal sex, etc.) it is imperative that you contact the police immediately. Do not confront the tenants yourself.

Abandonment

You may discover or believe that your tenants are no longer residing at your rental property and that your property has been abandoned. Before obtaining possession of the property it is essential that you take all steps to contact and locate your tenants and issue an abandonment notice.

Noise and antisocial behaviour

If you receive reports from neighbours or discover for yourself that your tenants are being noisy or engaging in antisocial behaviour then depending on the nature of the problem, you may be able to resolve the issue by communicating with tenants directly either face to face or in writing. Other steps include contacting the local authority, calling the police, participating in mediation or commencing legal action.

Evicting tenants and obtaining possession (assured shorthold tenancy)

Evicting tenants and obtaining possession of your rental property can be a time-consuming and expensive process. Additionally, if you do not follow the correct legal procedure you may be committing a criminal offence. If you have to go down this route then it is essential that you obtain legal advice.

S.8 procedure - notice to quit (also known as possession)

If a tenant owes you more than 8 weeks' or 2 months' rent then provided there are no exceptional circumstances the court will probably award a possession order in the landlord's favour. A possession order can be issued at any time during the tenancy.

1. Landlord issues tenant(s) with a s.8 notice.
2. Tenant has 14 days to respond.
3. If tenant fails to respond and does not pay rent arrears and refuses to vacate property landlord applies to county court for a possession order.
4. Court issues possession order in landlord's favour (unless exceptional circumstances exist).
5. Tenant leaves property.
6. If tenant does not vacate property, landlord applies to court for bailiff to evict tenant.

If you have still not received the rent arrears, you may be able to recover the money by using debt collectors.

If there are grounds other than rent arrears for wishing to gain possession of the property then the s.8 procedure could still apply.

S.21 procedure - notice to quit

Under this procedure, a landlord can only obtain possession of the property at the end of the assured shorthold tenancy. A possession order using this procedure can be for any reason and is valid provided the correct legal procedure is followed.

Landlord must serve a written s.21 notice on the tenant(s) at any time during the tenancy stating intention to obtain possession at end of tenancy and providing a minimum of two months' notice.

Sometimes, despite a landlord's best efforts, troublesome tenants will reside at your property. By remaining professional and polite, keeping written records of all communication and following the correct legal procedures you will hopefully be able to resolve difficult issues effectively and efficiently.

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