Council row almost leaves tenant and child homeless with more tenants to be evicted

A dispute over Gas Safety rules and selective licensing nearly left a parent and child without a home but more tenants are facing Section 21 notices.

The landlord, Mick Roberts, says he is fed up with struggling to get Nottingham City Council employees to understand housing law.

He says the situation escalated after council officers challenged the validity of a property’s Gas Safety certificate.

That came despite changes introduced in April 2018 allowing checks to be carried out up to two months before its expiry without altering the renewal dates.

Council won’t listen

Mr Roberts also says tenants are being forced to make repeated visits to council offices to resolve issues, claiming one tenant made three separate trips with five children.

Each of those trips involved hours of travel, only to be told that the tenancy documentation was insufficient before later being accepted unchanged.

He told Property118: “I am serving 10 Section 21s the next month, but hopefully if the council get the paperwork right, most tenants will be able to stay with the new landlord buyer with assistance from the council on deposit and rent up front.

“Twenty years ago, I let tenants move in and pay me at the end in four weeks or 12 weeks when the housing benefit started paying in arrears.”

He added: “I want the council to get their understanding of the paperwork right to save this 20 hours or so it took me last week on very simple case.”

Mistakes happen

Mr Roberts continued: “I understand that mistakes happen and sometimes people don’t know all the rules to start with.

“But it is so annoying when the council sticks to their guns and will not be open to listening ‘just in case they are wrong’.”

The Nottingham landlord pointed to the Gas Safety Regulations, which allows a new certificate to retain its original renewal date if completed within a two-month window before expiry.

He said the council’s interpretation has delayed rehousing efforts.

Alongside the certificate dispute, Mr Roberts said council officers requested a selective licence for a property where no tenant was in place.

He argues that under the rules, this requirement does not apply until a property is occupied.

Council don’t know rules

Mr Roberts said: “The council is also asking for a selective license before the tenant has moved in.

“This is incorrect and the fact that no one in the council appears to know the rules is making me poorly.”

In that case, Mr Roberts responded by stating the tenant had already been rehoused and the property was empty, questioning why licensing requirements were being pursued.

He also raises the cost implications of licensing when the sale of a rented property is in progress.

Applying for a licence for an empty property means spending £900 which would then, perhaps a week later, become invalid once ownership changes.

Selective licence issues

If it was to remain a rented home, it would require a new application and fee from the incoming landlord.

He told us: “I spend £900 for one week, then a new landlord has to spend £900 again. It’s bonkers.”

He has also asked Nottingham City Council: “Have you any idea how many times selective licensing are wrong?”

He added that delays in resolving the Gas Safety certificate issue had taken several days despite the documentation being compliant.

Mr Roberts has now warned the council that unless the situation is resolved soon, he plans to serve around ten Section 21 notices in the coming weeks.

Council will work landlords

A spokesperson for Nottingham City Council told Property118: “Our officers are clear on the relevant legislation and worked proactively with all parties to resolve minor inaccuracies in the paperwork through ongoing dialogue.

“A selective licence is required where a property is to be let, and as the new landlord intends to rent the property, an application will be necessary.

“As a local authority we must be satisfied that properties have necessary licences and compliance checks in place.

“We will always work constructively with landlords and partners to support people into safe and suitable accommodation.”