Evicting a tenant - problems

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  • question1
    started a topic Evicting a tenant - problems

    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.

  • theartfullodger
    replied
    Getting court order will likely take months, plus £££££

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  • question1
    replied
    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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  • jpkeates
    replied
    As long as the certificate was valid when notice was served you should be OK.
    If it wasn't, your notice is invalid.

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  • theartfullodger
    replied
    Yes you can insist: .Simply get a court order to that effect.

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  • question1
    replied
    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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  • question1
    replied
    Thank you.

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  • DPT57
    replied
    There is no defence to a s21 notice other than procedural errors. Increasing the rent will not affect it

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  • question1
    replied
    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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  • question1
    replied
    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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  • boletus
    replied
    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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  • theartfullodger
    replied
    Why do you have no keys or access, please?

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  • question1
    replied
    [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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  • MdeB
    replied
    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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  • question1
    replied
    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.

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