Here is a heartfelt blog clinic question from Bobby
Hi, I am a landlord, I served my tenant a section 21 over 2 months ago as he was troublesome (ie. always breaking things, but paid rent on time.) The reason for notice was the rent was increasing by 100 GBP.
When we originally entered a contract he did not tell me he was claiming housing benefit. He says his hours at work are reduced and his situation is changed. He is refusing to leave as has contacted the council and they have told him to wait till I send him a court eviction, he wants this as a bargaining tool to get a council house. Can you advise me what i should do:
1) Go the Court route and evict him (at my expense) this is wat he wants so can get a council house.
2) Let him stay at the current rent with no guarantee he will pay) also as he earns so less i cannot even get homelet insurance if he defaults on payements.
I feel he is stiching me up to get a council house. Please can you advise.
Bobby, I am afraid you are not the only landlord this has happened to by a long way. Over the years I have done countless evictions which were only necessary becuase the tenant had been told to stay in situ or he would not get re-housed.
You need to decide whether you want this tenant in your propety or not. If not, then I should just evict him. If you are happy to let him stay at the old rent, let him stay, but on a periodic tenancy so you can go to court and evict him reasonably quickly under the accelerated procedure if you change your mind.
Don’t give him a new tenancy agreement as this will cancel the section 21 notice you have served.
Note that I have some do it yourself repossession kits which can be used by landlords to evict tenants which is considerably less than using solicitors (and can be re-used as well).