Nightmare tenant - advice please!!

dr0psofjupiter

Apologies in case this has already been mentioned but now that you've reported to the police, and potentially other avenues you will have to declare this as a dispute when selling as well?

Windsorcastle

Lover_of_Lycra said:

Windsorcastle said:

Lover_of_Lycra said:

@Windsorcastle, do you live in an area where landlords are required to be licensed? Might be worth looking into. 

Thanks for suggesting this, I have just checked the public register.  The block does indeed fall within the Council's licensing area, and only 1 of the flats has a licence!  I'm not sure what to do with this information now - the others may not appreciate me pointing out that they are all in breach of the law, although at least they could take steps now to get licensed and avoid prosecution.   The problem flat does not have a licence, but will the lack of a licence make it more difficult for him to evict the tenants?  

If the property doesn't have a licence but should it means that landlord cannot issue a valid Section 21.

https://www.legislation.gov.uk/ukpga/2004/34/section/98

I wouldn't be surprised if the tenants don't already know this.

The LL claims he didn't know he had to be licensed and now he can't get licensed because he doesn't have the relevant Gas safety cert etc, so he's stuffed.  I kind of hope the LA catch up with him because it pisses me off when LLs try to cut corners like this.  The downside though is that he won't be able to get the tenants out and it's those of us living here who have to put up with it, not him.

Windsorcastle

steampowered said:

I do not understand why you think it is any of your business to be "advising" the landlord.

He keeps asking for advice from the rest of the freeholders, that is why!!  And then fails to take the advice anyway, which is to get a solicitor involved.

Windsorcastle

Grumpy_chap said:

If the LL of the flat with the problem tenant is really clueless, why is the OP getting involved in advising the LL what to do?  I know the OP is trying to be helpful but, by their own admission, the OP is not fully experienced in all-things LL and this is a complicated situation.  Especially as the LL is absentee (out of the country).

Rather than get drawn into this and burn time and mental energy trying to assist the LL, the OP might be better to simply advise the LL that they need professional advice on the correct process etc and the LL should engage a Lettings Agent to manage the property.

That is essentially what I am doing now.  I have advised the LL to get a solicitor involved and he keeps coming back with emails to the freeholders saying "I don't know what to do!"  It's his mess to sort out and he's shot himself in the foot by not fulfilling any of his own LL responsibilities.  I'm leaving him to it.

Windsorcastle

deannagone said:

This thread is getting a bit unpleasant.  No need to keep telling the OP the same thing. Its getting a bit 'hounding'?  We are better than that, surely?

This forum is to give advice, not judgments.

Thank you for your kind comment.  I do think it puts people off posting on this forum sometimes when so many responses are downright nasty and snide.  However, I do appreciate all the constructive comments.  Some very holier-than-thou keyboard warriors here, as on every social media medium these days...

Windsorcastle

dr0psofjupiter said:

Apologies in case this has already been mentioned but now that you've reported to the police, and potentially other avenues you will have to declare this as a dispute when selling as well?

Dispute is NOT with the owner, but with the tenants, who will hopefully be gone by the time anyone wants to sell.  In any event, it wasn't me who reported to the police, and no one else is likely to own up to that either.  But point taken, thanks.

ripplyuk

Windsorcastle said:

Lover_of_Lycra said:

Windsorcastle said:

Lover_of_Lycra said:

@Windsorcastle, do you live in an area where landlords are required to be licensed? Might be worth looking into. 

Thanks for suggesting this, I have just checked the public register.  The block does indeed fall within the Council's licensing area, and only 1 of the flats has a licence!  I'm not sure what to do with this information now - the others may not appreciate me pointing out that they are all in breach of the law, although at least they could take steps now to get licensed and avoid prosecution.   The problem flat does not have a licence, but will the lack of a licence make it more difficult for him to evict the tenants?  

If the property doesn't have a licence but should it means that landlord cannot issue a valid Section 21.

https://www.legislation.gov.uk/ukpga/2004/34/section/98

I wouldn't be surprised if the tenants don't already know this.

The LL claims he didn't know he had to be licensed and now he can't get licensed because he doesn't have the relevant Gas safety cert etc, so he's stuffed.  I kind of hope the LA catch up with him because it pisses me off when LLs try to cut corners like this.  The downside though is that he won't be able to get the tenants out and it's those of us living here who have to put up with it, not him.

He can’t evict these tenants. I honestly think you should look into some type of air purifier or filtration to cope with the weed smell because this is going to take years. 

user1977

Windsorcastle said:

dr0psofjupiter said:

Apologies in case this has already been mentioned but now that you've reported to the police, and potentially other avenues you will have to declare this as a dispute when selling as well?

Dispute is NOT with the owner, but with the tenants

Doesn't matter from the point of view of the relevant questions on the TA6 form:


(though as you say, if the tenants are gone by the time anybody is selling then they can probably take a view about whether to disclose the history)

[Deleted User]

Windsorcastle said:

Lover_of_Lycra said:

Windsorcastle said:

Lover_of_Lycra said:

@Windsorcastle, do you live in an area where landlords are required to be licensed? Might be worth looking into. 

Thanks for suggesting this, I have just checked the public register.  The block does indeed fall within the Council's licensing area, and only 1 of the flats has a licence!  I'm not sure what to do with this information now - the others may not appreciate me pointing out that they are all in breach of the law, although at least they could take steps now to get licensed and avoid prosecution.   The problem flat does not have a licence, but will the lack of a licence make it more difficult for him to evict the tenants?  

If the property doesn't have a licence but should it means that landlord cannot issue a valid Section 21.

https://www.legislation.gov.uk/ukpga/2004/34/section/98

I wouldn't be surprised if the tenants don't already know this.

The LL claims he didn't know he had to be licensed and now he can't get licensed because he doesn't have the relevant Gas safety cert etc, so he's stuffed.  I kind of hope the LA catch up with him because it pisses me off when LLs try to cut corners like this.  The downside though is that he won't be able to get the tenants out and it's those of us living here who have to put up with it, not him.

Jesus wept! This landlord is a complete and utter tool. Thanks to his lack of licence and gas safety certificate he’s never going to be able to issue a valid Section 21 notice. 

He is still able to use the Section 8 route though if he can find a mandatory ground for eviction such as ground 8 if the tenants rack up enough arrears. The danger with ground 8 though is that the tenants pay off just enough of the arrears before it gets to court. 

In your position I would have no qualms about reporting this landlord to the council for not having a licence and the HSE for not having a gas safety certificate because if these tenants ever leave you could end up in exactly the same position again when he re-lets the property. 

deannagone

I have to be honest, I agree.  It sounds like with this LL the only chance you have at all of forcing the LL to regularise the tenancy is to report him to the council for not being licensed.  Hopefully, the council may then find out that the LL also hasn't done other things they need to do.  Then there is a chance of the LL seeing that renting a property out is not for them, get things regularised, evict the tenant and sell the place.

Judging by past behaviour there is zero chance of anything like this happening without strong action being taken.