A story I read recently.....

Managing tenants in a House in Multiple Occupation (HMO) can be tough, especially when anti-social behaviour starts affecting the household. Evicting a tenant is often a last resort, but sometimes it’s the only way to protect the property and ensure the wellbeing of other tenants. In this case study, we walk through a real eviction scenario, offering practical insights for landlords who may face similar challenges.

The Problematic Tenant: Background

This particular tenant seemed ideal during the initial screening process. They had a stable job, a solid rental history, and passed all background checks, including credit reports and references. However, just a few months after moving in, complaints from their housemates began to surface.

Key Issues:

• Hygiene Problems: Foul odours and flies were coming from the tenant's room.
• Fire Risk: During a routine fire alarm check, a pile of fast food packaging was found in the tenant’s room, presenting a fire hazard. The property manager had to step in to clear the room, removing 36 bags of rubbish.
• Unresolved Issues: Despite multiple verbal and written warnings, the tenant didn’t address the concerns.

After months of failed attempts to resolve the issues, the landlord had no choice but to begin the formal eviction process. The tenant then stopped paying rent altogether.

The Eviction Process: Step-by-Step

Evicting tenants in an HMO requires a careful adherence to legal procedures. Here’s how this particular case played out:

Step 1: Early Warnings and Section 21 Notice

• 3 months in: Complaints started, leading to the first warning.
• 4 months in: Multiple written notices were issued, but the issues weren’t resolved.
• 5 months in: A Section 21 (S21) notice was served, giving the tenant two months to vacate.

Step 2: Court Action

• Day 1: Accelerated possession documents were submitted to the court.
• Day 19: Court contacted the landlord to pay the £355 court fee (which was delayed due to payment issues), and the claim was issued. The tenant was given 14 days to respond.
• Day 39: As no defence was filed, a request for a Possession Order was sent to the court.
• Day 45: The court rejected the request due to an incomplete form.
• Day 46: A corrected form was resubmitted.
• Day 84: The court advised that the landlord couldn’t use the accelerated possession procedure. A hearing was scheduled for Day 97.
• Day 88: A solicitor was instructed to attend the hearing.
• Day 97: The court hearing took place, and the judge awarded possession and costs, ordering the tenant to leave by Day 111.
• Day 114: A request for a Warrant of Possession was sent to the court.
• Day 137: Bailiff fees were paid, and the warrant was issued.
• Day 153: The court issued a notice for a follow-up appointment two months later (which turned out to be unnecessary).
• Day 201: The property manager arrived with a locksmith to change the locks. Although the bailiff couldn’t proceed due to paperwork issues, the tenant agreed to leave voluntarily and signed a deed of surrender.

Timeline Summary

• 6.5 months from issuing the Section 21 notice to the court awarding possession.
• 3 months for the bailiff to enforce the eviction after the Warrant of Possession was issued.

The Costs of Eviction

Evicting tenants from an HMO is expensive. In this case, the costs broke down as follows:

• Rent Arrears: £4,214
• Additional Costs: £2,828
• Total Loss: £7,042

This highlights how costly delays and procedural errors can be.

Key Lessons Learned

1. PCOL vs. Accelerated Possession
   The paper-based accelerated possession process caused several delays. The Possession Claim Online (PCOL) system can reduce these delays, even though it requires a court hearing. PCOL allows online submissions and payments, speeding up the process.

2. Double-Check AST Details
   A software error caused the Assured Shorthold Tenancy (AST) to list the agent's name instead of the landlord's, which led to complications with the court. Always verify AST details to avoid issues.

3. Call the Bailiff on the Morning of the Eviction
   Administrative errors with paperwork can delay eviction. On the day of eviction, contact the bailiffs to confirm the paperwork is correct and ensure everything is in order.

4. Act Promptly on Anti-Social Behaviour
   The delay in serving the Section 21 notice allowed the tenant to continue their disruptive behaviour. Issuing the notice sooner could have protected the property and other tenants, while still allowing time for resolution.

Communication as a Key Strategy

Despite the challenges, clear communication helped bring about a resolution. The tenant eventually agreed to leave voluntarily, which highlights the importance of maintaining professional yet firm relationships throughout difficult situations.

Proactive Management: The Key to Avoiding Evictions

Evicting tenants from an HMO or a standard home is a costly, lengthy process, but it also teaches valuable lessons in proactive management. By setting clear procedures, keeping communication open, and addressing issues early, landlords can protect their investments and create a better environment for all tenants.

At Higson Homes, we offer expert support to landlords, helping manage anti-social behaviour in single lets & HMOs through proactive tenant management, regular inspections, and guidance throughout the eviction process. If you need help, we’re here to ensure the process is smooth, compliant, and as efficient as possible.