Rogue tenants

Lizzee

I very foolishly allowed people to rent my house which I lived in for 40 years, via a friend who assured me they were honest, reliable tenants, when I moved in with my partner. They have been in 7 weeks and already are behind with their rent. I have also discovered they have not registered with any utilities including council tax, water and gas and electricity. I now realise I should have informed them beforehand that I might wish to move back in at any time to allow me to serve a section 8.1 but I didn't. Can I inform them of this now?

jonnydeppiwish!

You can but what rental agreement did you all agree to?
Obviously you’ve provided the gas safety certificate, EICR etc?
Declaring any rent in tax returns?

Slithery

Lizzee said:

Can I inform them of this now?

No. Well obviously you can inform them but it won't be a legal ground for an S8 as it wasn't done before the tenancy started.

More importantly is the rest of your paperwork up to date - GSC, EPC, how-to-rent booklet, EICR etc etc? For example if there was no gas safety certificate in place when the tenancy started you can now never serve a valid S21 either.

Lizzee

A GCS was left at the house but the tenants have conveniently 'lost' it so I am in the process of having another one done. I am really at my wits end for being so stupid. What can I do?

anselld

Lizzee said:

I now realise I should have informed them beforehand that I might wish to move back in at any time to allow me to serve a section 8.1 but I didn't. Can I inform them of this now?

That is not the case.  You can serve a Section 8 at any time if they are in rent arrears though it is more effective if mandatory grounds can be used, ie 2 months arrears.

You should have closed your utility accounts and council tax when you left the property.  You could also have informed them of the new occupants names although that is not necessary and it is down to the Companies to chase them for payment.

theartfullodger

It amazes me that so many landlords and agents don't bother to write/email all utilities and council tax on all changes of responsibility for bills, with dates, names, meter readings (keep photos) etc etc.

And not bother to run easy quick cheap credit and reference checks.

Dear Lizzie, welcome to mse.  Might I humbly enquire why you did not, please?

Serve s8g10 TODAY!  A very simple way to send a message for merely the price of a stamp.  Tenant might just take the hint and/or realise you know rather more about the law than they thought.

Can we assume you will provide either no reference or only a full, honest one, please?

Done any training in being a landlord?

Some "friend"!

Yes of course I as a landlord have made stupid mistakes: oh my hubris!

Best wishes to all.

CIS

You're out of luck on that s8 ground, and a s21 cannot be served to take effect before 6 months in - effectively all you can do now is to get the paperwork in order and deal with the s21 notice when you can. Keep in mind the s21 notice is only a request to leave, and still needs to then be enforced via a court, and then enforcement agents, before it ends the tenancy.

Did you take a deposit (and, if so, did you protect it ?).

Contact the council and advise them of the residents of the property for council tax purposes.

CIS

anselld said:

Lizzee said:

I now realise I should have informed them beforehand that I might wish to move back in at any time to allow me to serve a section 8.1 but I didn't. Can I inform them of this now?

That is not the case.  You can serve a Section 8 at any time if they are in rent arrears though it is more effective if mandatory grounds can be used, ie 2 months arrears. 

Ground 1 under s8 requires advance notice that the landlord wishes to move back in at some point. Rent arrears are under grounds 8 and 10 of s8. Each s8 ground has its own specific rules.

Slithery

anselld said:

Lizzee said:

I now realise I should have informed them beforehand that I might wish to move back in at any time to allow me to serve a section 8.1 but I didn't. Can I inform them of this now?

That is not the case.  You can serve a Section 8 at any time if they are in rent arrears though it is more effective if mandatory grounds can be used, ie 2 months arrears.

You should have closed your utility accounts and council tax when you left the property.  You could also have informed them of the new occupants names although that is not necessary and it is down to the Companies to chase them for payment.

A S8 ground 1 can only be used if the tenant was notified before the start of the tenancy. Different S8 grounds have different requirements...

https://www.legislation.gov.uk/ukpga/1988/50/schedule/2

MaryNB

Lizzee said:

I very foolishly allowed people to rent my house which I lived in for 40 years, via a friend who assured me they were honest, reliable tenants, when I moved in with my partner. They have been in 7 weeks and already are behind with their rent. I have also discovered they have not registered with any utilities including council tax, water and gas and electricity. I now realise I should have informed them beforehand that I might wish to move back in at any time to allow me to serve a section 8.1 but I didn't. Can I inform them of this now?

That's not your problem as long as you made it clear in the tenancy agreement that they are liable for utilities and you closed all your accounts when the tenancy started.

Lizzee

Thank you everyone for your replies. I have protected the deposit and informed all utilities and closed accounts etc when the tenants moved in. They just haven't told them themselves.