We’ve spotted another relatable dilemma in the Landlord UK Facebook group: “My 12-month contract expired in May 2025—I didn’t renew due to the property’s bad state and emailed the tenant to leave. They keep changing their mind, paid rent late the last 2 months, haven’t fixed anything, and have been absent for over a month without notice. Breaches everywhere. Can I change locks to regain control and set a clear-out date? Suggestions appreciated.” If you’re a North East landlord with rentals in Sunderland or Durham (where yields average 7-10% but breaches can tank cashflow), this hits home. With the Renters’ Rights Bill looming (Section 21 ban expected post-Royal Assent in Sept/Oct 2025), evictions are tricky—but changing locks? Big no. Let’s unpack this engagingly, like a strategy session, with legal steps, suggestions, and North East tips to resolve breaches without fines (£5,000+ for illegal eviction).
The Issue Unpacked: From Expired Fixed Term to Problematic Periodic Your fixed-term tenancy ended in May 2025, and by accepting rent (even late), it automatically became a periodic (rolling monthly) tenancy under the Housing Act 1988. This means the tenant has ongoing rights—you can’t just end it without proper notice. Breaches (damage, late rent, unauthorized absence) are grounds for action, but self-help like changing locks is illegal eviction (Protection from Eviction Act 1977)—it could lead to criminal charges, tenant lawsuits for compensation (up to 12 months’ rent), and trading standards bans. The Renters’ Rights Bill (not yet law as of August 2025) will scrap no-fault Section 21, so act now if eligible. North East note: Local councils (e.g., Sunderland) enforce strictly, with fines up to £30k for serious breaches.
Step-by-Step Solutions: Handling Breaches Without Lock Changes Don’t risk it—follow legal routes for control. Here’s a clear plan, with North East costs (e.g., lower solicitor fees £500-£1,000 vs. UK £1,500) and tips for pros like doctors (time-saving) or accountants (tax-smart).
- Document Everything (Prep: Now—1 Week) Build your case: Photos/videos of damage (pre/post-inspection), rent payment records (late = Section 8 ground 10/11), absence proof (e.g., utility reads, neighbor statements). Email log shows intent not to renew, but periodic tenancy applies. Use NRLA templates (£20 membership) for breach notices. Pro Tip: Apps like Landlord Vision (£10/month) track bulk for multi-properties. North East: Free advice from councils like Durham—avoid DIY to prevent claims.
- Serve Proper Notice: Section 21 or 8 (Week 1-2)
- Section 21 (No-Fault): Still available pre-Bill (2 months’ notice). Use if no grounds needed—form 6A (£free from GOV.UK). Valid if deposit protected (TDP schemes) and EPC/gas safety provided. Tenant leaves after notice or court.
- Section 8 (Grounds-Based): Best for breaches—mandatory grounds (e.g., 2 months’ arrears, ground 8) allow 2 weeks’ notice; discretionary (damage, ground 12/14) need court. Form 3 (£free). Late rent/absence/damage qualify. Court if they stay (£355 fee, 4-6 weeks hearing). Suggestion: Dual serve (Section 21 + 8) for safety—group users swear by it. Hire solicitor (£500-£800 North East) or DIY via GOV.UK. Risks: Invalid notice restarts clock.
- If Tenant Agrees to Leave: Negotiate Surrender (Week 2-4) Since they mentioned leaving, propose a deed of surrender (written agreement to end tenancy, £50-£200 solicitor draft). Deduct damages from deposit (TDS resolve disputes free). Inspect together—set clear-out date. If absent >1 month, check abandonment (notice + court order, £355). Pro Tip: For devs/accountants, use remote tools like Zoom inspections.
- Eviction if Needed: Bailiffs and Recovery (Week 4+) If notice expires, apply for possession order (£355 online). Accelerated for Section 21 (no hearing, 4 weeks); standard for Section 8 (hearing). Bailiffs (£110 warrant + £121 enforcement) evict. Recover arrears via money claim (£35-£115). North East: Courts like Newcastle efficient, but backlogs possible—factor 2-3 months total. Costs reclaimable from tenant.
- Prevention for Future: Smarter Tenancy Management Renew with break clauses; bulk inspections via agents (£50-£100). Use guarantors for gig workers. North East: Grants for upgrades (ECO4 £1k-£5k) boost value. Story: A Sunderland landlord faced similar—served dual notices, tenant left after negotiation, re-let at £100 more pcm (9% yield).
This keeps you legal and profitable—evictions suck, but proper process wins.
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