Pls help! Run out of options!

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    Pls help! Run out of options!

    Hello all

    Firstly let me confirm I have tried to find an answer to my query on the forum already in case it has been discussed before but haven’t found anything with the same problems.

    Long story. Tenant moved in with his sister in 2017. She was responsible for paying the rent, which she did until 2019, after which she told me her brother would be taking over paying. So I issued a new tenancy agreement to show him as the main tenant.

    All was well until January this year, when he stopped paying the rent and stopped answering his phone. Called his sister and she blocked my number.

    I then called him using a friend’s phone and he answered. I requested him to pay the rent which st that time was 1 month in arrears. He said he can not afford it but will try to make some payment if he can but he also warned me not to hassle him, which I hadn’t done, as if I ever managed to evict him, he would make sure that I could never rent the house again, because he knew everyone in the area who would destroy the property.

    He has not allowed the property to be checked for a Gas Safety check nor EPC either.

    The rent will be 4 months in arrears at end of this month. I have since appointed an agent to collect the rent etc as I live more than 150 miles away. However, the agent says we cannot evict him by serving Section 21 and Section 8, because the property has no EPC or Gas Safety certs.

    So...I have run out of options. Pls help.

    #2
    Was a Gas or EPC given prior to the T moving in? If so the EPC would still be valid, the Gas would be a little harder, the only option is to inform the Agent to serve a notice requiring access (providing 24 hours notice) if this doesn't work the only option is to take the T to court to gain access.

    Comment


      #3
      So you issued a new tenancy? (For someone with no history of paying? Why?). Did he sign? Anything else prove (or hopefully disprove) he agreed to it?
      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


        #4
        He sounds a charmer...... before you signed him up a sole tenant did you check him out in the usual way ? Given the distance you are away i would seek out a professional company to do this for you and get the property back, you will be running round in circles.

        Comment


          #5
          Thank you all for responding so fast!

          Firstly, yes I did issue new tenancy to the brother, (which he signed and got witnessed and sent it back to me) as I was of the opinion that as he had been living in the property with his sister, there wouldn’t be a problem with rent. His sister also told me all would be well. My mistake!

          Anither problem now is that he hasn’t paid his council tax to the tune of £2000 approx, so if I evict him, would I become liable for the tax?

          So it seems that I need to use the services of a professional eviction company. Any idea on a reputable one who will do the job at reasonable cost pls?

          Comment


            #6
            You don't have to use a professional eviction company but in your situation i would, there are some listed on this site but you have no doubt seen them on tv when they appear as part of the few tenant/landlord shows.

            Comment


              #7
              The tenant as the occupant is liable for the Council Tax. His arrears shouldn't affect you.

              Comment


                #8
                Originally posted by simon889 View Post
                So I issued a new tenancy agreement to show him as the main tenant.
                There's no such thing as "the main tenant". If the sister is a joint tenant then she is equally liable for the rent. Any notice would then have to be to both tenants.

                Comment


                  #9
                  Good point above..... is it just ' Mr Charming ' on the AST or is his sister on there as well ??

                  Comment

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