Dealing with Problem Tenants: Actions Landlords Can Take

Managing rental properties can occasionally introduce challenging situations with tenants who violate the terms of their tenancy agreements. This extensive guide discusses the most common problems that landlords encounter, offering strategies to address them effectively. By knowing your rights and options, you can navigate tenant issues more smoothly and aim to maintain a harmonious rental experience.

According to Uswitch [1], a survey conducted stated that 91% of landlords have had positive relations with their tenant; 8% had neutral relations with their tenants, and 1% had negative relations with their tenants. It is a small minority but when problem tenants occur, you should know the right actions to take.

Tenant Behaviour Issues

Landlords have the ability to include specific terms in the lease agreement that obligate tenants to adhere to certain conduct standards or avoid specific behaviours. These clauses need to be fair and comply with the Consumer Rights Act. Establishing these terms is essential because, if violated, they can provide grounds for eviction under Ground 12 of Section 8. This ground allows landlords to issue an eviction notice if the tenant breaches the tenancy agreement.

Ground 12, however, is discretionary. Even if a breach is proven, the court may not necessarily grant possession of the property. Minor breaches might be overlooked, but repeated or serious violations can lead to eviction.

It's important for landlords to note that creating fines or penalties for breaches of contract is illegal under the Tenant Fees Act, which can result in fines up to £5,000 for attempting to charge such fees.

Smoking Violations

Many landlords forbid smoking inside their properties due to the potential for lasting odours, stains, and burns. In such cases, the tenancy agreement usually includes a clause prohibiting smoking.

If tenants are smoking indoors contrary to the agreement, landlords should initially address the issue through conversation, requesting that they stop. If smoking continues, landlords have limited immediate recourse. Threatening to withhold a positive reference may be ineffective depending on the tenant's motivation.

Proving a tenant has smoked in the property is challenging. While evidence such as stains and burns can support claims, these are typically only verified through inspections at the tenancy's end. Smells, in particular, are difficult to prove conclusively.

Damage caused by smoking can be claimed from the tenancy deposit, provided it can be substantiated. Advertising a "no smoking" policy and discussing it during viewings can help deter smokers. Additionally, obtaining references from previous landlords can reveal past smoking-related issues.

Keeping Pets

Tenancy contracts may require tenants to seek written permission before keeping pets. Such terms must be reasonable to comply with the Consumer Rights Act and be enforceable.

If a tenant brings in a pet without permission, landlords can remind them of the agreement and request compliance. The process can escalate from a polite request to a written warning and ultimately affect future references.

Pets can cause evident damage, such as fur, scratches, and stains, making it easier for landlords to claim repair costs from the deposit.

Unauthorized Additional Residents

Tenants may sometimes move extra people into the property or sublet it without permission. A well-drafted lease agreement typically includes clauses to prevent this.

While some may argue that additional occupants are acceptable if rent is paid and no damage occurs, this can still pose issues. An extra resident might convert the property into a House in Multiple Occupation (HMO) requiring an additional license. Overcrowding could also pose health and safety risks under the Housing Health and Safety Rating System (HHSRS), placing liability on the landlord.

Moreover, unregistered residents may invalidate Rent Guarantee Insurance terms.

Landlords should request the removal of unauthorised individuals, escalating to written warnings and potential eviction if necessary.

Noise and Nuisance

Tenants sometimes engage in behaviour that leads to complaints from neighbours or local authorities. Although landlords might not feel responsible unless they are renting under a selective license, many still aim to address these issues.

Selective license agreements often include anti-social behaviour clauses. Breaching these can result in the revocation of the landlord's license.

Landlords who own leasehold properties may risk losing permission to let if tenants consistently cause disturbances.

Lease agreements can contain clauses prohibiting noise at unsociable hours and refuse accumulation. Breaking these can provide grounds for eviction under Section 8’s Ground 12 or Ground 14 (antisocial behaviour).

As always, discussing the problem with the tenant can sometimes resolve the issue without formal action.

Breaking the Contract

Tenants might occasionally wish to terminate the lease early without the appropriate notice. This situation requires careful handling to ensure that both parties' rights and interests are considered.

Final Thoughts

Successfully managing tenant behaviour and ensuring adherence to lease terms requires clear communication and a thorough understanding of the legal options available. Consistently applying these strategies can help landlords navigate challenges smoothly and maintain positive rental relationships.

[1] https://www.uswitch.com/mortgages/buy-to-let-statistics/private-rental-statistics/