Accidental landlord - eviction advice needed

harrys_dad

Joining the Residential Landlords Association (RLA) costs just £79 a year and you can save that much by getting your landlord's insurance for the house through them (you have got insurance?) . They have templates for everything, good guidance on their website and will offer help too.

G_M

Pixie5740 wrote: »

If a landlord hasn't protected the deposit then they're able to return the full deposit before issuing the Section 21. How do they get around a lack of EPC, GSC or "how to rent" booklet? Do they just need to issue the missing items before issuing the Section 21?

I believe once the documents are provided a S21 can be served.

Regulation 2 prescribes certain requirements for the purposes of section 21A of the Act
(compliance with prescribed legal requirements): these are the requirement to provide tenants with
an energy performance certificate under regulation 6(5) of the Energy Performance of Buildings
(England and Wales) Regulations 2012 and the requirement to provide tenants with a gas safety
certificate under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998.
However, the requirement to provide tenants with a gas safety certificate is limited to the
requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period
for compliance with that requirement does not apply. The “no fault” eviction procedure for
assured shorthold tenancies is not available to landlords at a time when either of the requirements
has not been complied with.

Regulation 3 requires a landlord to provide tenants with a copy of the Department for
Communities and Local Government’s booklet entitled “How to rent: the checklist for renting in
England” which can be found at the following web address:
https://www.gov.uk/government/publications/how-to-rent. Landlords are not required to supply a
further copy of the booklet each time a different version is published during a tenancy. The
requirement does not apply where a landlord is a registered provider of social housing or where a
landlord has already provided the tenant with an up-to-date version of the booklet under an earlier
tenancy. The “no fault” eviction procedure for assured shorthold tenancies is not available to
landlords at a time when the requirement has not been complied with.

See notes within:
New S21 Notice (Form 6a) & PI

Leighannen

Hi GM

Thanks for taking the time to respond, really is appreciated. I will go through your queries as noted (cant quote your message as not allowed by newbies?)


*It was an Assured Shorthold Tenancy Agreement for a term of 12 months from 1st December 2015

*I issued the notice in writing but not s21 - just details of tenant, landlord,,property and the date which mutually agreed with the tenant (1st October). Now I know this was invalid and not worth the paper it was written on!

*Re Grounds for S8, I have several emails from the Housing Assoc detailing the issues encountered. I have also asked for written statements from both them and the neighbours. Assume the fact that they are from an official source, this may lend some weight to the case. The fact that she had a full on argument (very threatening and abusive apparently)with the Housing association housing officer surely is quite a big tick against them.

*The next rent is due on 1st October. So at this point if it goes unpaid and they remain in the property can I issue an S8 citing 8,12,13 & 14 and apply to court within 2 weeks. Or does it need to be solely under ground 8? Will this be the quickest route?

In response to other queries. By accidental I mean it was my choice of profession, I have a 9-5 day job but inherited this flat from my mum. I did try to sell it but with little success, so decided to rent it (with the attitude that it 'cant be that hard'... how wrong was I!!) So maybe you are right, I made to choice to do this

The Gas Safety check was done (although, due again mid October) and EPC is done, had no idea about 'how to rent' or registering the deposit, which I know now is so so foolish - but it was put away in an unused account untouched, so could register it straight away if this is a requirement of the S8 route?

Right now I just want the ground to swallow me up and this to go away - but its not and I'm in it sh*t high!!

G_M

So you have two problems:

1) you cannot serve a S21 if that is the route you decide on without first
* returning the deposit in full
* serving the EPC on tenant (ir is not enough just to have one!)
* serving the 'how to rent' guide

2) whatever you do, you are now vulnerable to the tenant claiming a penalty (up to 3 times the deposit) for failing to protect it. There is nothing you can do to avoid this (except hope the tenant does not know), though you can reduce the penalty by registering it now or returning it.

If you go down the rent arrears (S8) route, you must hope the tenant is not clued up: if the arrears are reduced to below 2 months rent after you serve the S8 but before the court date, ground 8 cannot be used.

For the non mandatory grounds, the more independant written statements the better, though they must be relevant, and clear. A police report would help too.

You can cite multiple grounds.

Guest101

I don't understand why the Housing Officer was even speaking to them? They aren't his tenants.

I think eviction on this ground will fail. If they had a conviction of some sort then different story. The court would point out that official bodies exist to deal with anti social behaviour

Leighannen

I have had a phonecall from the council HO this morning who is looking at their case. She has indicated that they will offer them temp accom before i get a court order, but tenants are not obliged to accept. From what I have read and been told before, I'm not too confident that this will be the case ( offering temp accom)



Also had an email from the Housing Assoc HO, they have been causing more trouble at the property - more evidence I guess but as I have no leverage with the tenants i can't really act on it. it's really difficult as both me ( when I was younger) and my mum were neighbours with these people for 30 years and their life's have now been made a misery.

Guest I'm not too sure why the HO from the HA spoke to them. Assume they were at the property to see 'their' tenants and witness the issues and happened to bump into them

Guest101

Leighannen wrote: »

I have had a phonecall from the council HO this morning who is looking at their case. She has indicated that they will offer them temp accom before i get a court order, but tenants are not obliged to accept. From what I have read and been told before, I'm not too confident that this will be the case ( offering temp accom)



Also had an email from the Housing Assoc HO, they have been causing more trouble at the property - more evidence I guess but as I have no leverage with the tenants i can't really act on it. it's really difficult as both me ( when I was younger) and my mum were neighbours with these people for 30 years and their life's have now been made a misery.

Guest I'm not too sure why the HO from the HA spoke to them. Assume they were at the property to see 'their' tenants and witness the issues and happened to bump into them

I don't see anything 'official' from a HA, anymore than from a petshop or a garage.


If they are causing communal damage, the Freeholder (Presumebly HA) need to take that up with you.


If they are being anti social, the Neighbours / HA need to take it up with the council and the police.


If they are in their own property, and a stranger knocks on the door, they are well with-in their right o tell them to 'jog on' (or any other words they wish to use).


If you are looking to evict, you need to work closely with the council, issue s.8 and hope they don't sue you. Have you protected the deposit today?


This isn't going to be resolved any time soon, but you can limit your losses

Pixie5740

I guess it will come down to what a judge thinks in the end. With a bit of luck the tenants will do you a favour and not pay the rent 1st October and will make no attempt to clear some/all the arrears before court. That's the quickest way out of this mess for you.

Leighannen

Just to give you an update, for any of you that were wondering.... the tenants are out. They have basically trashed the place with filth left everywhere. It would seem that they had several bills outstanding with enforcement notices everywhere, from council tax, water bills and police fines... nightmare! They have refused temporary accom from the council so some other poor landlord is going to end up with them

Pixie5740

How did they get out? Did the serve you notice (in wiring), agree to a mutual surrender (in writing) or just abandon the property?