Dealing with problem tenants as a small landlord: a landlord's guide

Managing a rental property is rewarding, easy, and a great source of income. However, problem tenants can absolutely ruin that experience. And when you don’t know how to handle problem tenants, your experience becomes much more stressful.

We have so many cases of small landlords coming to people on our team or messages asked of August Intelligence, talking about problem tenants and how to deal with them.

As a small landlord in England, handling issues like rent arrears, antisocial behaviour, and property damage immediately is crucial to avoid problems festering. 

So, we’ve written this comprehensive guide to offer practical steps to address common tenant problems. 

Remember to stay calm, keep everything documented and ensure you are following all steps to be compliant with regulation is key to protecting your property and rights.

Communicate early and document everything

Before we get into the details, we want to highlight the most important thing in dealing with problem tenants: clear communication.

Open communication is often the first step to resolving tenant issues. As soon as a problem arises – be it late rent or complaints of behaviour – talk to your tenants calmly and professionally. Often, a frank conversation can clarify misunderstandings or reveal temporary difficulties.

Courts expect landlords to attempt a resolution (like a payment plan for arrears) before resorting to eviction​. So, your first step is to talk to your tenant about your problems.

Document all interactions. Keep notes of phone calls, save texts/emails, and follow up verbal talks with written confirmation of what was discussed. Clear communication also means being able to refer back to what was said in the future. Ensure there’s no chance for misunderstandings – write down everything you said, and make sure the problem tenant sees and understands what the problems are.

You can use technology to make documentation easier. This is why we ensured that August could track rent payments, store copies of letters, allow direct communication and record maintenance reports all in the app​. Each is timestamped and August Intelligence allows you to ask questions about this information to make documentation and communication as straightforward as possible.

Regardless of your approach, this paper trail shows you acted reasonably and can be vital evidence if legal action becomes necessary​.

Dealing with antisocial behaviour

Most problem tenants are antisocial tenants. Antisocial behaviour from tenants – such as constant noise complaints, vandalism, or just untidiness to the area – can be a major headache, but follow the steps below to deal with this issue seamlessly. 

Gather written evidence of poor behaviour

Start by gathering evidence of the problematic behaviour​. 

Keep a log of incidents, including dates and times, descriptions of what happened, and remedies attempted. Get written statements from affected neighbours if possible. And retain any police reports or notices from the Council.

If it’s not written down, people may dispute it happened. So make sure you have logged the evidence of antisocial behaviour.

Provide a written formal warning to tenants

Next, confront the issue in writing. Send a clear but polite warning letter outlining the complaints and stating that the behaviour must stop immediately​. 

If complaints have been made to the local Council, or other residents have complained, reference those complaints when warning your tenants. Let them see the evidence you have logged. Be open to their side of the story, but make clear that your tenancy agreement clause prohibits such behaviour.

In most cases, you’ll see improved behaviour among your tenants. Most of the time, problem tenants are just unaware of the issue or the issue’s seriousness. However, if things continue to escalate…

(if things get worse) consider a Section 8 eviction

Often, this formal warning can prompt improvement. But if the behaviour continues, eviction might be necessary. 

Under Ground 14 of the Housing Act, you may evict someone in case of extreme or repeated significant antisocial behaviour (though the eviction must be reasonable, which a court decides if a tenant disputes their eviction).

Notably, if the ASB is extreme (for example, the tenant was convicted of a serious offence in or around the property), Ground 7A may apply.

In that case, this is a mandatory ground added by the 2014 Act that obliges courts to order repossession.

This might sound extreme. And it is rare that things escalate to this degree. But you may be liable if you’re renting your property to someone when their being a nuisance was inevitable or almost certainly going to occur.

Addressing property damage

Property damage caused by a tenant can range from accidental and minor to deliberate and severe.

The first step in dealing with damage is always prevention and documentation at the start of the tenancy. 

Review your inventory schedule

Before a tenant moves in, ensure you have completed an Inventory Schedule, noting the property’s condition with photos​.

This baseline will be essential in proving any new damage beyond fair wear and tear​. 

Also, in your tenancy agreement clauses requiring tenants to care for the property and report issues promptly. This is a standard boilerplate clause on most tenancy agreements, but this gives you legal coverage and something to reference if you are dealing with problem tenants and need to point to a contract clause to add weight to your communication.

Assess the damage to the rental

When you discover damage, assess whether it’s normal wear and tear or actual negligence/abuse. You cannot charge the tenant for reasonable wear (like slight carpet wear over the years)​, but you can for significant damage or misuse.

So take clear photographs of the damage so you can compare them to photos from when the tenant initially moved in. If damage is evident, then your argument will have more weight, and it will be easier to get quotes for repairing your rental back to its original condition.

Notify your property’s tenant(s)

Notify the tenant in writing, outlining the damage and requesting either repairs or payment within a clear timeframe, referencing any breached terms in the tenancy agreement.

In some cases, you may wait until the tenancy ends and recover the cost through the deposit scheme, but for grave or repeated damages, you could pursue eviction (Section 8, Ground 13 of the Housing Act).

And if the damage is deliberate or criminal in nature, don’t hesitate to escalate the matter to the police. This is still criminal damage and should be treated as such for insurance reasons alone, if not for legal and moral ones.

Stopping tenant problems before they start

Preventing tenant issues starts with thorough screening. Always check references, employment status, credit history, and right-to-rent documents before agreeing to a tenancy. Taking time at the start helps avoid bigger problems down the line.

Make sure your tenancy agreement is clear and up to date. It should include key terms around rent payments, property care, and conduct like clauses covering noise or antisocial behaviour. A strong contract makes it easier to address breaches if they happen.

Regular property inspections (with proper notice) help catch problems early, such as damage or unauthorised occupants. They also show the tenant you’re actively managing the property, which can deter careless behaviour.

Deal with repairs quickly and responsibly. While it shouldn’t be the case, it’s much harder to convince a tenant to be a better renter while repairs are ongoing or there’s uncertainty about their renting arrangements. Meeting your legal obligations strengthens your position and removes excuses for tenants to withhold rent or raise complaints.

Conclusion

Dealing with problem tenants can be challenging, but staying informed and proactive makes all the difference. Start with clear communication, but don’t be afraid to take formal action when your tenant breaks the rules.

Understanding the correct legal steps, like serving the right notice and avoiding illegal eviction tactics, is key. Whether it’s dealing with rent arrears, antisocial behaviour, or property damage, there are lawful ways to protect your property.

Stick to the law, document everything, and act early to prevent problems from escalating.

We set up our rental app, August, to make managing your rental property as a small landlord so much easier. From tracking rent payments to storing communication and notices, August gives you all the tools to manage tenancies confidently. Download to try August for free and get your first month of premium on us.

Disclaimer: This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.