Offering disruptive tenant a 'sweetener' to leave premises.
Possession - Section 8 and Section 21

8 Thanks
33 Posts
1 month ago
I have a tenant who has given me a lot of grief over the 2 1/2 years he has been in his flat which he has on a AST. Becuase of accumulated rent arrears and other problems I took the matter to County Court and he did not turn up on time, so this was in my favour and the judge granted me a possession order. This was in February of last year.
I am a 'softy' landlord and as I knew he had issues with mental and physical health issues and general difficulty in coping with life I agreed verbally to not instruct him to leave so did not get the Bailiffs involed. Since the hearing I have had a pretty good continuation of rent payments (plus a little extra each month to pay of towards arrears). One missed month about six months ago which I accepted was a glitch in the benefits system. Resumption of payments but now another missed months rent because he is buying a car and the bank paid a direct debit to his insurers which left insufficient funds to pay his rent ! I normally hear from him by phone each day, airing his grievences about his problems with health and family and life generally, but since last week and the bank 'issue' it has gone strangely quiet.
I have had enough and need him out. However I know that if I activate the possession order and he sees this as the final nail, so to speak, he is likely to wreck the place and cause issues with other tenants in the premises. I have no doubt he will use over consumption of alcohol as an excuse for this behaviour and that he 'lost control'.
I know the legal system is also in dissaray with Covid 19 virtually shutting down the courts and bailiffs and the suspension to eviction orders that the government have been so keen to help out tenants (apparently their behaviour being irrelevant to this decision).
So perhaps offering the tenant a 'sweetener' to leave the premises of his own volition is a possible solution ? Maybe by doing this I can get him to leave sooner rather than later and without having wrecked the place.
I wonder if their are any other landlords who have done this recently and successfully ? If so, how they went about getting it to run smoothly. I am considering getting a solicitor involved to form an official letter of agreement and drawing up a document which the tenant must sign to release any rights he may have to the premises. The sweetener only being paid to him once the document is witnessed and signed and the keys handed over. Also, that the premises are checked over just prior to this and he has removed all of his own possessions from the premises and land.
Any landlords having gone down this route or similar I would much appreciate your feedback. Does it work ?

many thanks

A frazzled landlord.

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