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Problems with tenants

It is important for landlords to know what their rights and responsibilities are when it comes to dealing with tenants who refuse to pay their rent and there are a number of steps that can be taken.

Making inspections to the property

It is advised for landlords to get an independent party to carry out an inspection of the property. Alternatively landlords can carry out the inspection themselves, although it is possible that word of a landlord may not be considered reliable if the case is taken to court.

Additionally, take the advice of a specialist solicitor who can offer the best advice about what to do in such a situation.

Payment of rent

Within the written tenancy agreement, set out the obligations required for a tenant to pay the rent; this should include the amount to be paid and when.

It is advised that landlords get the tenant to pay the rent into their accounts by standing order. This can then be used as evidence to highlight which payments are not received.  In cases where the tenant has not paid the rent for a set period of time, you have the right to serve the tenant an eviction notice.

Always check and understand the conditions set out by the letting agent before signing an agreement to rent out an accommodation

Raising the rent

Landlords reserve the right to increase the rent payable by a tenant, although the time and amount will depend upon the rules of the tenancy agreement. The rent should be comparable to similar properties within the area and justifiable to local authorities if the tenant should complain.

Damage of property

Tenants have the responsibility of ensuring that during the duration of their tenancy, the accommodation is kept in a good and clean condition. As a landlord you may be responsible for repairs if the tenant is at fault, but you should be able to claim back any money.

In addition a tenant is responsible for abiding by the terms set out in the tenancy agreement for issues such as keeping pets.

If any damage is caused due to negligence a landlord can make a deduction from the deposit paid by the tenant or ask for the tenant to pay for the repair. Exceptions are made for general wear and tear, and in these cases landlords cannot charge their tenants for the cost of repair.

It is advised that landlords have proof that any damage caused was caused by the tenant and during their occupancy. Landlords can serve an eviction notice if they wish and can also retain the sum of the cost of the damage to cover any repairs. Another resort is to go through a legal process to obtain the cost of any damage caused by the tenancy.

What landlords cannot do

Landlords must first let their tenants know of any intention to pay them a visit and have a reason behind it. It is a criminal offence for landlords to harass their tenants.

Landlords must also not physically lay their hands on their tenants to remove them from the property as it can result in legal action and would be considered an illegal eviction.

How to evict a tenant:

  • Consult the tenancy agreement to specify the notice period for a tenant to vacate the accommodation.
  • At the end of the notice period, if the tenant is still within the accommodation the landlord can apply to the courts for a possession order.
  • If the tenant does not comply, the landlord can then apply for an eviction warrant from the county court.

To make a claim against a tenant, or for more information regarding tenants, contact us on: 01626 248608. 

Housing Disrepair Claims

To start your housing disrepair claim today or to find out more about claiming ... or give us a call for free on 01626 248608 and speak with one of our advisers.

No Win No Fee

*No Win No Fee: Our No Win No Fee policy only applies to cases involving council owned properties and those owned by housing associations. No Win No Fee does not apply in cases where the property is owned by a private or commercial landlord.