Evicting a tenant - problems

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    #16
    Originally posted by boletus View Post

    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.
    But we are not talking about a little job like changing light bulbs or unblocking a sink.
    It is putting themselves out by taking time off work with loss of pay for what is the landlord's legal obligation.

    Originally posted by boletus View Post
    (There is no case law for it as that would be proving a negative.)
    What do you mean 'proving a negative'?
    And why can a negative not be proved (or are you invoking the unsolvability of the halting problem)?

    If there had been a case where LL was prosecuted for not having a valid GSC and his defence was that the tenant would not allow access, then we would have case law one way or the other (assuming it went to a high enough court).

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      #17
      [QUOTE=MdeB;n1039253]

      But we are not talking about a little job like changing light bulbs or unblocking a sink.
      It is putting themselves out by taking time off work with loss of pay for what is the landlord's legal obligation.



      It is the landlords legal obligation to get a safety certificate annually - and the tenant knows this and must allow it (it is for their safety as well as the landlords!). No one has asked anyone to be off work - in fact for years the tenant was on full hb so didnt work. They have always been somewhat difficult in giving access. And apparently doing one of these checks takes very little time! And if I could let the engineer in I would, just the same as I would with any other tenant I have, but the tenant will not allow unless they are present (and I can understand that).

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        #18
        Why do you have no keys or access, please?
        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...

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          #19
          Originally posted by MdeB View Post
          But we are not talking about a little job like changing light bulbs or unblocking a sink.
          It is putting themselves out by taking time off work with loss of pay for what is the landlord's legal obligation.
          I'm not saying they should take time off work, lose pay, lose their job, lose their kids, turn into a crack addict or any other scenario you wish to make to fit your argument.

          I am simply saying they should open the door at a mutually convenient time to let a plumber in, like any reasonable person would. Opening the door is a little job.

          What do you mean 'proving a negative'?
          That it is unlikely to have been tested in court.

          But with the recent changes around eviction and gas safety checks that may change.

          Shouting that it is a tenant's 'right' to behave in this way is bad advice. Experienced landlords on here have stated they would evict in such circumstances, I certainly would.

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            #20
            Originally posted by theartfullodger View Post
            Why do you have no keys or access, please?
            I have keys. But only have access with the tenants permission when the tenant is there. They will not let me come in with trades or to do jobs without them present. I can understand that. Our other tenants are happy for my husband to come in when they are at work to do a prearran ged job, but it isnt acceptable for this tenant.

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              #21
              Please can someone let me know if it will affect my S21 eviction if I put in a S13 Notice at this point. (Putting in a S13 Notice at this point incase tenant puts in a defence and I am in for the long haul). nb the rent would rise from 816.10 to 1200!

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                #22
                There is no defence to a s21 notice other than procedural errors. Increasing the rent will not affect it

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                  #23
                  Thank you.

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                    #24
                    Hi, The tenant has now given the gas engineer a date in the first week of September to do the gas check. Our latest certificate has run out 27th June (I asked the gas engineer at beginning of July to do the check but the tenant didnt respond till now). I want to file the N5B today on S21 grounds. Do you think the N5B will be thrown out because of the out of date cert? Should I wait till I have the new cert on 3rd September and then file? Can I insist on a date sooner than 3rd / can I insist on entering the property at a prearranged time with the engineer without the tenant being at home? Please can someone let me know. Thanks

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                      #25
                      Yes you can insist: .Simply get a court order to that effect.
                      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...

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                        #26
                        As long as the certificate was valid when notice was served you should be OK.
                        If it wasn't, your notice is invalid.
                        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).

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                          #27
                          Originally posted by jpkeates View Post
                          As long as the certificate was valid when notice was served you should be OK.
                          If it wasn't, your notice is invalid.
                          Thank you - yes I served notice in May - gave 3 months - and the cert ran out 27th June. THANK YOU - and thank you Artful

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                            #28
                            Getting court order will likely take months, plus £££££
                            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...

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