Best way to deal with a non paying tenant in rented farmhouse

Exfarmer

Member
Location
Bury St Edmunds
The landlord has a responsibility to maintain the premises and provide services to the tenant. The landlord also has a duty to make sure that the tenant is not violating any of the terms of their lease agreement. If the tenant is not paying rent, then they are violating one of these terms and it’s time for them to leave.

There are two ways for landlords to legally evict a non-paying tenant from their rented farm house. They can go through a formal process which includes: serving notice, filing an eviction lawsuit, going through court proceedings, and finally getting an order from the court. The other way is by using self-help remedies which include: changing locks on doors, shutting off utilities, removing personal belongings from premises, and finally removing tenants by force if necessary.
This may be fine in the UAE, but in the UK is liable to leads to the landlord going to jail
 

slackjawedyokel

Member
Mixed Farmer
Location
Northumberland
The landlord has a responsibility to maintain the premises and provide services to the tenant. The landlord also has a duty to make sure that the tenant is not violating any of the terms of their lease agreement. If the tenant is not paying rent, then they are violating one of these terms and it’s time for them to leave.

There are two ways for landlords to legally evict a non-paying tenant from their rented farm house. They can go through a formal process which includes: serving notice, filing an eviction lawsuit, going through court proceedings, and finally getting an order from the court. The other way is by using self-help remedies which include: changing locks on doors, shutting off utilities, removing personal belongings from premises, and finally removing tenants by force if necessary.
Getting an order from the court is not the end of the proceedings as you suggest. The court order will name a day by which the tenant should have vacated the house. Once this date has lapsed, and they are still resident, you may then apply to have possession returned to you by the court bailiffs (ie. have the bailiffs turf them out).
The stuff you mention such as changing locks, stopping utilities etc is NOT allowed and could land you in hot water. You’d certainly make life difficult for yourself during court proceedings.

There is one legal way to get tenants to leave without going through a court process and that is by offering them a sum of money to go. (Ie. Bribery, although I don’t think you can call it that because ‘bribery’ isn’t quite legal…

Being a landlord isn’t easy, and it’s due to get more difficult with EPC-C, losing section 21etc. Anyone thinking of becoming a landlord should probably do some online training with the NRLA, to make sure they don’t shoot themself in the foot from the start.
 

unlacedgecko

Member
Livestock Farmer
Location
Fife
Getting an order from the court is not the end of the proceedings as you suggest. The court order will name a day by which the tenant should have vacated the house. Once this date has lapsed, and they are still resident, you may then apply to have possession returned to you by the court bailiffs (ie. have the bailiffs turf them out).
The stuff you mention such as changing locks, stopping utilities etc is NOT allowed and could land you in hot water. You’d certainly make life difficult for yourself during court proceedings.

There is one legal way to get tenants to leave without going through a court process and that is by offering them a sum of money to go. (Ie. Bribery, although I don’t think you can call it that because ‘bribery’ isn’t quite legal…

Being a landlord isn’t easy, and it’s due to get more difficult with EPC-C, losing section 21etc. Anyone thinking of becoming a landlord should probably do some online training with the NRLA, to make sure they don’t shoot themself in the foot from the start.

From end of tenancy agreement to eviction by bailiffs took me 28 months (partially due to covid moratorium).

I did attempt to expedite the process by offering to pay the deposit and first month's rent on a new property, but couldn't find a landlord to accept them without a guarantor.

Fortunately I had legal fees insurance. Withdrawal of Section 21, and requirement to have rental properties to a certain EPC level makes residential BTL massively less attractive.
 

unlacedgecko

Member
Livestock Farmer
Location
Fife
What is section 21?
Non fault evictions.

Now tenants can only be evicted against their will if they are 2 months or more behind with rent, or if they are substantially damaging the property.

If unpaid rent is used as grounds for eviction, at any point during the legal process paying sufficient funds to bring them back under 2 months arrears will halt proceedings. Landlord will then have to wait until they're over 2 months in arrears again, and start from scratch once more.
 
Non fault evictions.

Now tenants can only be evicted against their will if they are 2 months or more behind with rent, or if they are substantially damaging the property.

If unpaid rent is used as grounds for eviction, at any point during the legal process paying sufficient funds to bring them back under 2 months arrears will halt proceedings. Landlord will then have to wait until they're over 2 months in arrears again, and start from scratch once more.
So perfect for those of a certain type to give the landlord the run around with hassle and expense yet nothing can be done about it😡
Good tenants are more important than ever.
 

serf

Member
Location
warwickshire
Non fault evictions.

Now tenants can only be evicted against their will if they are 2 months or more behind with rent, or if they are substantially damaging the property.

If unpaid rent is used as grounds for eviction, at any point during the legal process paying sufficient funds to bring them back under 2 months arrears will halt proceedings. Landlord will then have to wait until they're over 2 months in arrears again, and start from scratch once more.
You missed the last paragraph off....

' so WTF would anyone want to be a landlord now ,
fekem let the council sort peoples accommodation and see how short they will be without private landlords '
 

som farmer

Member
Livestock Farmer
Location
somerset
lets face it, with inflation, and recession looming, and food and energy, have to be paid, both of which are driving inflation, there will be 1,000's of tenants around the country, that will be unable to pay the rent. Some, its their own fault, cars, holidays, phones etc, take to much, of their income, others will be genuine people, who through events, have come into debt.
How do you cope with it ? No idea, its just sad, but guv does have to deal with it, pictures in the press, of tenants being evicted, will rapidly bring a guv response, rent freeze, max rents, harder to evict tenants, or even inability to evict, as per covid. In essence, the min wage, actually needs to be higher, unpopular though, £10 hr, doesn't go far.
 

fudge

Member
Arable Farmer
Location
Lincolnshire.
Non fault evictions.

Now tenants can only be evicted against their will if they are 2 months or more behind with rent, or if they are substantially damaging the property.

If unpaid rent is used as grounds for eviction, at any point during the legal process paying sufficient funds to bring them back under 2 months arrears will halt proceedings. Landlord will then have to wait until they're over 2 months in arrears again, and start from scratch once more.
Section 21 hasn’t been withdrawn yet. So far we don’t know precisely what will replace it. On the face of it the government’s proposal will increase landlords risks which inevitably will translate into higher rents. That’s what it will mean for my tenants, instead of managing the properties myself I will employ a managing agent and increase the rent to cover the fee.
 

slackjawedyokel

Member
Mixed Farmer
Location
Northumberland
From end of tenancy agreement to eviction by bailiffs took me 28 months (partially due to covid moratorium).

I did attempt to expedite the process by offering to pay the deposit and first month's rent on a new property, but couldn't find a landlord to accept them without a guarantor.

Fortunately I had legal fees insurance. Withdrawal of Section 21, and requirement to have rental properties to a certain EPC level makes residential BTL massively less attractive.
Approximately 20 months here.

I offered my tenants approximately 6 months worth of rent to go (both cold hard cash and dropping rent owed) but they declined, with hindsight probably because they would find it hard to rent elsewhere (given the sheaf of final demands for credit cards etc which continue to arrive).

Fee-wise, it wasn’t too bad I don’t think; around the 1K mark (solicitor handled it all including the ‘bribe’ for about £600, which I thought was good value).

Im not letting it out again; a cottage at low EPC-E would need EVERYTHING doing- probably costing 150K+. Instead I will take back possession of the other half of the semi too and will look to put the money towards a full rebuild to get a proper 21stC house rather than a small-roomed compromise.
Needless to say, I will not put the new house into long-term-let (nice view, quiet location near Alnwick 🏝).

Ifvthe govt of the day wants to get rid of S21, and wants landlords to insulate to the rafters then it’s a F*** Off from me. Most private landlords are BTL in it for the investment. If the sums change, the houses will not be available to rent at a rate that is in any way affordable.

By affordable, I mean that I’ve been letting my two 3-bed cottages for £450 and £500 pcm - I’ve erred on the low side as they are fairly difficult to heat and get damp if not ventilated due to having cold walls.
 

unlacedgecko

Member
Livestock Farmer
Location
Fife
Ifvthe govt of the day wants to get rid of S21, and wants landlords to insulate to the rafters then it’s a F*** Off from me. Most private landlords are BTL in it for the investment. If the sums change, the houses will not be available to rent at a rate that is in any way affordable.

I've already taken that approach. Accepted an offer last month.
 

Huno

Member
Arable Farmer
I can't tell if this is serious but someone else has said this above as well, this is illegal and immoral. If you are a landlord when you let out a house you take the risk that someone might not pay you on time or might not pay you at all. The courts exist for a reason, pursue them through that and once June rolls around you can get them evicted and pursue them for arrears.

If you are having issues with the mortgage because your tenant is in rent arrears speak to your bank I am sure they'll be very understanding.
Also if cut off the water and someone in the property is pregnant expect to do time at her majesties pleasure... be care full listening to criminal solutions if it makes you a criminal too
 

BrianV

Member
Mixed Farmer
Location
Dartmoor
Approximately 20 months here.

I offered my tenants approximately 6 months worth of rent to go (both cold hard cash and dropping rent owed) but they declined, with hindsight probably because they would find it hard to rent elsewhere (given the sheaf of final demands for credit cards etc which continue to arrive).

Fee-wise, it wasn’t too bad I don’t think; around the 1K mark (solicitor handled it all including the ‘bribe’ for about £600, which I thought was good value).

Im not letting it out again; a cottage at low EPC-E would need EVERYTHING doing- probably costing 150K+. Instead I will take back possession of the other half of the semi too and will look to put the money towards a full rebuild to get a proper 21stC house rather than a small-roomed compromise.
Needless to say, I will not put the new house into long-term-let (nice view, quiet location near Alnwick 🏝).

Ifvthe govt of the day wants to get rid of S21, and wants landlords to insulate to the rafters then it’s a F*** Off from me. Most private landlords are BTL in it for the investment. If the sums change, the houses will not be available to rent at a rate that is in any way affordable.

By affordable, I mean that I’ve been letting my two 3-bed cottages for £450 and £500 pcm - I’ve erred on the low side as they are fairly difficult to heat and get damp if not ventilated due to having cold walls.
Makes you wonder why air b&b is so popular, one months normal tenants rent for each week that you let it & surety that you get your property back in good order at the end of each week.
Stupid Government tinkering with tenants rights without any responsibilities has made renting out to tenants far more risky resulting in less houses to rent with higher rents being charged just in case.
 

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