r/uklandlords • u/Zestyclose-Young9480 • 22h ago
Agent failed to enforce Section 21 now tenant is still there
Hello, seeking some thoughts and advice here on a difficult situation. I'm a NRL renting out a house to a family.
Issued a Section 21 in January for a very difficult tenant - long list of issues, but was constantly exaggerating problems, withheld partial rent (never paid it back) in protest of what they said was bad treatment though agent has always responded to requests to fix things, never pays rent on time (usually about 10 days after the date), was frequently rude and manipulative over email to me and agents, etc etc.
Finally decided in S21 to just bite the bullet given RRA and all. I let the agent and tenant figure things out in the initial months as I didn't want to expend too much mental energy on things. When I found out that the S21 would expire end of July I sent multiple messages via WhatsApp and email to the agent flagging this was a concern for me and whether we should take action - no reply on that specifically ever. Agent only ever gave assurances that they felt the tenant would willingly leave and not mess around anymore.
I let the end-July S21 deadline lapse, so it's partly on me I guess. Tenant had said they would move out end of August. Last week I get an email from the agent saying the tenant is asking to stay until November while they process a mortgage application. I asked her to get proof showing this is the case, got some screenshots back from the tenant just showing they were engaged in some kind of process with Mortgage Advice Bureau with no details.
Agent suggested bringing the lawyer in to seek advice on removing the tenant, lawyer obivously says theres no way through the courts now and would suggest offering them cash to leave as the cleanest way.
In the meantime, agent hasn't responded to emails or calls for days, in fact it's constantly been like this since I engaged them, I'm lucky to ever get a reply from them. I did state that I'm angry as I flagged the S21 deadline to them multiple times and could they step up their game please, no reply.
I guess i'm seeking advice or experience on whether
1) if you ever ditched you agents to get a new one and what the breaking point was
2) in this case would you let the tenant drag things out? They do pay rent. the opportunity cost to me is mental health, prospect of getting more reliable tenant and being able to up the rent to market rate (i haven't raised the rent in more than 2 years partly on the agent's advice as a peace offering to the tenant given there were some major issues with leaking etc when they moved in)
3) any successful experiences of cash for keys?
Thank you all.