Tenant Issues

sandyk01

Hi all

Having some issues with my tenants. I'll try keep it simple.

I purchased a house in 2018. Renovated the whole thing. I ended up sadly separating with my husband and we moved out. I kept the house and decided to put it on rent until I figured what I wanted to do with life. Had one set of tenants stay from Dec 2021 until may 2022- no issues. Current tenants moved in June 2022. 

Over the course of the tenancy- no major issues. If there's work needed doing like a blocked toilet I'd often get someone out on the same day. If work needed doing like repairing the bathroom seals the max they had to wait was about 5 days. Relationship generally was good. 

In June 2023 with looming interest rate hikes I decided to sell. To be kind I paid the tenants a visit and explained in person. They wanted to buy so I agreed to hold off. After alot of chasing they confirmed they couldn't get a mortgage so it went up in July 2023. In Nov 2023 estate agent advised its better to market empty as it appeared messy and not presented well with tenants in it. Given it was Christmas/New Year I waited and served section 21 in Jan 2024. Over the course of the 2 months female tenant has been asking to stay extra that they didn't want to move etc. I advised I couldn't and I wanted to sell and I couldn't afford the tax bill and increased mortgage rates. 

Come March 2024 they advised earlier in the week they were moving but day before said they couldn't move. They said they'd found something but it fell through. I went the next day and nothing was packed so they were never going. During the next few weeks they advised they were being referenced by another agency but when we asked the agency they were not so I issued court proceedings. 

Since then things have deteriorated. Since 2022 I did not increase rent out of respect that I was selling but hate me or not I served a Section 13 to increase the rent by 300 to cover my mortgage payments (their previous rent was 1500). They decided they were only paying 1600. I told them this wasn't a negotiation. If they're exercising their right to remain I can exercise my right to increase the rent. 

Anyway. Court process ongoing. Court accepted the case and gave them a date to move on 07th June. They did not so I've applied for a possession order. Last week I was advised that environmental health went round because they'd asked. Environmental health gave an informal notice for a wall which appears damp- tenants say its mould and one issue with the flooring by the bedroom which the wood has separated and could be a trip hazard. No other issues found. The corner where they're alleging is damp- no mould spores can be seen. The plaster behind is dry but the paint has peeled. From the inventory dated 2023 there is a chat photo they have put a whole load of !!!!!! against the wall and my contractor is saying this has caused the emulsion to peel because of the condensation and lack of ventilation. Damp proof course all in place with no issues and no other problems noted. 

They have today contested the accelerated possession order and asked for a hearing and for s21 to be dismissed as they feel it's not valid because he hasnt received it. It was served via email and the tenant has subsequently used that email address and emailed the letting agents about the s21 which makes no sense to me? If it was new news why is he emailing about it? For example in March 2024 the agents have emailed saying something like are you vacating next week and he has said I have until the 9th March (the date the s21 is expiring) therefore i will hand the keys back then which he obviously hasn't. 

And sorry going back to the environmental health issue- neither tenant has contacted me or the letting agents about this problem (the letting agents confirmed this to me via email) the first we heard about this alleged damp abd flooring issue was from the environmental health lady. 

Any thoughts on this? I'm so stressed and I've lost my father in law last week and this isn't the added stress I need! 

Thanks for reading 

propertyrental

You have been following the correct S21 notice so far as I can see (no idea if you'd met all 83 requirements - but anyway the court accepted it.)

The outstanding issue is the complaint to EH and you have not disclosed to us what the outcome was? Did EH serve an improvement notice on you?

* if yes, that stops the S21 process (Deregulation Act to prevent revenge evictions)

* if not, then eviction process continues

sandyk01

Nope it was an informal notice given. Not an improvement notice which is what they were hoping for. I spoke to the council lady. Seemed nice. Just said she wanted to ensure that the house was okay and there wasn't an underlying problem with the building. I have until 17th July to complete the works- which is to investigate and clean up subject wall and fix the flooring. 

Tenant said he'd fund a damp report to prove there's a damp issue. Environmental health picked up nothing else. They are doing anything and everything to stop this eviction! 

sandyk01

See attached photos

sandyk01

The paint is peeling. There's no growth of mould- nothings spread. The wall behind is dry with no damage and the plaster is clean and white. The contractor thinks it's a lack of ventilation when they had stuff an up against it and didn't heat that room. 

Outside wall is fine and the other parts of the room is all okay too.

Note I stayed in the house for 3 years and I had one tenant through the peak of winter who had no issues either

Voyager2002

As you point out in one of your posts, the tenants are trying it on to halt the legal process towards a possession order. However Environmental Health declined to serve an improvement notice, so the process continues.

The claim not to have received notice of court proceedings is absurd, for the reasons you give, and if they attempt to repeat it in court they will not do themselves any favours.

It might be worth pointing out to the tenants that the longer this continues, the greater the bill they will face for legal costs, yours as well as their own. 

njkmr

If that's an air vent covered over with something, ie tape then that won't help .
Unfortunately there are tenants like this and it's another example of why being a landlord is not a job for everyone.
So many rules to follow now and still the tenant has a way of blocking your repossesion.
If you have not got a solicitor involved I would recommend you get one with tenant eviction experience and follow the process to the letter. It may take time but eventually you will get the property back.
You have been lucky that they have paid the rent so far , trust me.

propertyrental

sandyk01 said:

Nope it was an informal notice given. Not an improvement notice which is what they were hoping for. I spoke to the council lady. Seemed nice. Just said she wanted to ensure that the house was okay and there wasn't an underlying problem with the building. I have until 17th July to complete the works- which is to investigate and clean up subject wall and fix the flooring. 

I'm not entirely sure what 'an informal notice' is but suspect you are right. The Deregulation Act S33 invalidates a S21 where 'a relevant notice' has been served by the Local Authority.

“relevant notice” means—
(a)

a notice served under section 11 of the Housing Act 2004 (improvement notices relating to category 1 hazards),
(b)

a notice served under section 12 of that Act (improvement notices relating to category 2 hazards), or
(c)

a notice served under section 40(7) of that Act (emergency remedial action);

https://www.legislation.gov.uk/ukpga/2015/20/section/33/enacted

sandyk01

Thank you. Informal notice she said was just advice for repairs etc but it could lead to formal if the flooring and wall wasn't Investigated.

I do have a solicitor. Was hoping for an accelerated possession order hearing but it seems like they are contesting so may need to go for a hearing. It's frustrating because all I want to do is sell! 

housebuyer143

sandyk01 said:

Thank you. Informal notice she said was just advice for repairs etc but it could lead to formal if the flooring and wall wasn't Investigated.

I do have a solicitor. Was hoping for an accelerated possession order hearing but it seems like they are contesting so may need to go for a hearing. It's frustrating because all I want to do is sell! 

Sorry if that is a stupid question, but if the judge granted you a date they needed to go, then is the next step not to get a bailiff to remove them?

Are they able to contest the eviction if the judge has already granted it?

m0bov

If you have a move out date, get it sent to a bailiff or get a high court bailiff on it.