EICR necessary for tenant a year in arrears?

by Readers Question

12:53 PM, 26th March 2021
About 3 weeks ago

EICR necessary for tenant a year in arrears?

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EICR necessary for tenant a year in arrears?

Hi, I have a tenant who was given a section 8 notice before lockdown last year and because of the ban on evictions, he is still there. He owes a year’s rent.

I do not wish to get a EICR test as I do not wish the property to be let out again, and he should have been evicted a long time ago.

I would like to know the legal aspect of this as why should landlords who cannot evict a tenant due to government guidelines be responsible for more expenditure when the tenant should have left?

Surly in a court of law the question of a landlord being forced to keep a tenant in their property against the owners wishes and the landlord having to comply with the latest regulations at their expense would be questionable?

The government should have extended getting the EICR done by 1st April 1st due to these issues.

Ray

Comments

John Mac

13:21 PM, 26th March 2021
About 3 weeks ago

A Tenant being in arrears doesn't remove the LL's requirement to meet Statutory Regulations.

Graham Bowcock

13:28 PM, 26th March 2021
About 3 weeks ago

I'm with John. I've spent years advising landlords that their obligation to do repairs is never subservient to rent arrears or their desire to remove tenants.

In this case if you do not get the check done you may find yourself up against it when you come to court - such is the nature of courts in the current climate.

If there's an accident you would be in serious trouble.

It's a £120 or so to get a check done so I'd just get it done.

Pete Lightowler

13:41 PM, 26th March 2021
About 3 weeks ago

Do you mean and EICR? You will need one from 1 April and give to all tenants within 28 days, or in case of Unsatisfacory rating, within 28 days of work being done give copy to tenant and local authority. LA's don't have a clue what to do with them or why you're giving them a copy, but that's another issue!

Chris @ Possession Friend

14:10 PM, 26th March 2021
About 3 weeks ago

I think the author means E 'I' CR ?

Ray Lancaster

14:47 PM, 26th March 2021
About 3 weeks ago

Reply to the comment left by Chris @ Possession Friend at 26/03/2021 - 14:10
Hi, I did mean EICR. Me not concentrating.

Nikki Palmer

15:13 PM, 26th March 2021
About 3 weeks ago

Aside from the question of the EICR (and yes, you still have to provide it), what Grounds were there for the Section 8? I ask only because I served a Section 8 back in February 2020 for rent arrears, constantly being late with rent and various other breaches of the agreement. The Council stepped in and paid off the rent arrears to the Landlord but we 'reactivated' the court proceedings on the 12th of this month based on anti social behaviour. The Judge made a 14 day possession order on the 17th March without a hearing. Job done.

You are aware that you can reactivate the Court paperwork if there are rent arrears for 6 months or more?

Ian Simpson

8:24 AM, 27th March 2021
About 3 weeks ago

Reply to the comment left by Nikki Palmer at 26/03/2021 - 15:13
Jeepers. Council paying rent arrears! Wow! That’s a first! Bring it on.... I need a council like that!

Ray Lancaster

8:28 AM, 29th March 2021
About 2 weeks ago

Reply to the comment left by Nikki Palmer at 26/03/2021 - 15:13
Hi, thanks for that. I do have a possession claim that is still with the judge awaiting the next move but nothing back from the courts at the moment.


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