Evicting a tenant - problems

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    Evicting a tenant - problems

    I received an Empty Homes Grant from the council and signed up to take on tenants from the Homeless team for 5 years. I did not realise it but I had to remain at LHA rate for those 5 years and now thatt the 5 years is up I gave the tenants a Section 21 (the newer version) with 3 months notice. Now the time is up they are not leaving.

    I wanted to ask which form I need to complete for Accelerated Possession as there seem to be two options on gov.uk. Please can someone let me know.

    Also I cannot find a proof of posting of the S21 - I only have an email saying I will be posting the Notice - although the tenant has not denied receiving the Notice, they have not mentioned it at all, and I am worried this may cause a problem.

    Also the gas cert ran out in July and although I have proof of asking the gas engineer to go and do another, I have heard nothing from him. I have contacted him today and he has told me the tenant does not respond to his calls or messages (which I absolutely believe as they dont respond to me).

    There has been a condensation problem in the bathroom which needs some action but we were hoping for the tenant to leave and then do what will be a big overhaul of the bathroom however the tenant has now complained to the council about this (even though I previously asked the council for their help with advising us on it) and asbestos (Eon would not put in a smart meter as there is an asbestos backboard to the meter) and mice (we thought this problem was done with as it hadnt been mentioned for about 2 years) and now we are being forced to complete the work within 1 and 2 months. And as the tenant has to be evicted they are in situ for the works. We have only been ordered by the council to paint the wall with a specialist paint and to preferably change the extractor to an humidistat one, but we may as well do the rest of the work we wanted to the bathroom while we are at it.

    Please can anyone advise me on if I have just too many problems here to have a successful eviction. Do you think I will need to start over again (I really dont want to)?

    Also we did have a bond for the tenant but because we never visited every two months the council have backed out of that.

    Tenant has been with me 4.5 years and was on housing benefit but now pays own rent (which is below lha rate). I have given How to Rent booklet - there was no deposit onnly a bond (which I no longer have). No rent arrears.

    #2
    The Section 21 notice was 6A

    Comment


      #3
      Check what you gave the tenant here;
      https://markprichard.co.uk/content/d...ecker-tool.pdf
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Great I checked it and we seem to be ok. but what about the Gas cert. The tenant did not respond to the gas engineer's calls or texts.

        Comment


          #5
          It's not tenant's responsibility to sort of gas cert, that responsibility of landlord. Yes many tenant are happy to help but they don't have to.

          YOU arrange to be there & let engineer in etc. Why should tenant lose his time or pay just to help his landlord? (Genuine question, looking for some plausible realistic answers).

          Remember landlords have been taken ti court, got fined or worse for no current gas cert.

          Best wishes to all.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Increase the rent to the market rate.

            Comment


              #7
              Originally posted by theartfullodger View Post
              Why should tenant lose his time or pay just to help his landlord? (Genuine question, looking for some plausible realistic answers).
              Because tenants must behave in a tenant like manner;

              https://swarb.co.uk/warren-v-keen-ca-1954/

              In short, he must do the little jobs about the place which a reasonable tenant would do.

              (There is no case law for it as that would be proving a negative.)

              This fallacy you keep repeating is particularly bad advice with the changing law around gas safety checks and will lead to tenants being evicted for asserting their 'right'.

              Comment


                #8
                £25 to an agreed housing charity for any case supporting your view.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Provided the gas safety certificate was current when notice was served, it should be OK.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    theartfullodger,

                    If they want to live in a SAFE house why wouldn't they help the Landlord ? I go with the Gas Fitter so that I can do a quick check on the property and have a chat with the Tenant. The firm I use do it on Saturday morning if you book far enough ahead.

                    Comment


                      #11
                      theartfullodger,

                      I dont understand your reply at all - first it is for the tenants safety - second you want me to be there as well as a gas engineer (for what reason) - third I have enough difficulty getting into the house to do anything. This tenant wont take time off so dont worry about putting them out. The electrician had to go at 7pm after a flood and we were supposed to get a quote for flood repairs at 8pm.
                      All I am trying to do is what i am supposed to do as a decent landlord and to hope to get out of this terrible situation the tenant and council have put me in without too much damage.
                      The gas cert ran out in July and I asked for a new one in July - the tenant didnt reply to the engineer.
                      If you are saying I have the keys so I can let them in while the tenant is at work - this tenant wont allow that.

                      Comment


                        #12
                        How / why did you rent a place out without retaining a set of keys?

                        I repeat, sorry you seem unhappy with this, GSC is landlord's responsibility. Yes .
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Originally posted by question1 View Post
                          I dont understand your reply at all - first it is for the tenants safety...
                          If you are saying I have the keys so I can let them in while the tenant is at work - this tenant wont allow that.
                          While it's ostensibly for the tenant's safety, the obligation is on the landlord. If it wasn't, let's be honest, it wouldn't get done (at least not every year).

                          Because it is now relevant to the serving of a s21 notice, if the tenant won't allow access, a landlord may have to either get a court order to ensure access is granted or try and evict using section 8 with the breach of the right of access as a ground and hope that either the court sympathises or instructs the tenant to co-operate in lieu of repossession.

                          Previously, three attempts to make the inspection would fend off the HSE (who would normally limit any sanction to a stout letter), it's way beyond that now.

                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            With regard to the GSC, many tenants that are not yet ready to leave understand that it's not in their interest to agree to things that will speed up a successful notice. I hope you're right about having all the evidence that the s21 pre-conditions have been complied with because it sounds like you might struggle with a s8 notice too with that disrepair. I agree with boletus. Serve a s13 notice now to increase to a market rent. You may be in this for the long haul.

                            Comment


                              #15
                              Originally posted by DPT57 View Post
                              With regard to the GSC, many tenants that are not yet ready to leave understand that it's not in their interest to agree to things that will speed up a successful notice. I hope you're right about having all the evidence that the s21 pre-conditions have been complied with because it sounds like you might struggle with a s8 notice too with that disrepair. I agree with boletus. Serve a s13 notice now to increase to a market rent. You may be in this for the long haul.
                              Thank you. Can you please confirm that me giving a S13 Notice now will not be seen as me allowing the tenant to stay and thus voiding the S21 I have served.

                              Comment

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