Help my tenant wants a section 21?

by Readers Question

10:18 AM, 15th January 2016
About 3 years ago

Help my tenant wants a section 21?

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Help my tenant wants a section 21?

Help, my tenant is causing damage to the property and have been there just over 2 years now on periodic tenancy. I have been letting below market value as I knew them and was trying to do them a favour.want

Now they have complained to council about condensation and mold! I have spoken to council and explained that they are not cleaning the windows or allowing air flow through house. They only have the heating on 2 hours as they can’t afford heating bills? First I knew was when I got a letter and went to house and was shocked by state of it. Lots of damage!

When I told them the rent going up to £1,100 per month they told me they couldn’t afford it on housing benefit and they now want a section 21 to help them? The council will only pay £850 a month so they will have a shortfall?

I was looking for help please as to what to do next. I want them gone and it will cost to put house right again.

Any information would be greatly appreciated as I am fed up with tenants that trash house.

Many thanks in advance

Lazydaisy



Comments

Neil Patterson

10:21 AM, 15th January 2016
About 3 years ago

It sounds like they are going to get the council involved and this is a one way street to trouble unfortunately.

It is best to protect yourself by using professionals.

Please see >> http://evicting-tenants.net/

Gareth Archer

11:03 AM, 15th January 2016
About 3 years ago

A Section 21 Notice may well be required in order for you to seek possession of the property. It sounds like the sooner you can obtain possession, the better.

You may also wish to consider serving a Section 8 Notice. This may offer a quicker route to possession based on the damage to the property by the tenant. In theory you can seek to recover the repair costs (arising from the tenant's damage) from the tenant but you will appreciate that the tenant may not have the finances to re-pay you.

Consideration will need to be given to the potential for the tenant to argue disrepair (the mould issue) and the need to address the letter from the Local Authority.

There are a number of issues therefore to consider and I'd be happy to chat through them with you.

Mandy Thomson

12:01 PM, 15th January 2016
About 3 years ago

I am currently doing my APIP qualification with the intention to set up as an inventory provider. It's only since I saw a landlord friend of mine go through a nightmare with a difficult tenant accusing her of all sorts of maintenance negligence with the local authority that I now see just how vital a PROPERLY compiled inventory done by a professional is, in defence of landlords faced with this - never mind deposit disputes! For the record, the let property is the landlord's former home, which was always immaculate when she lived there herself.

In Daisy's case, I'm afraid the local authority are likely to insist the tenant stays put until the day the bailiffs turn up. They may even claim the tenant has made themselves intentionally homeless by causing damage and running up arrears, so it might be advisable to involve social services to help get the tenant re-housed.

Chris Byways

12:10 PM, 15th January 2016
About 3 years ago

To clarify, do you mean deliberate damage, or the condensation is causing the damage? Is it substantial or will they argue it's fair wear and tear?

Trickle vents not bungled up are a small part of the solution, MVHR installed might be another.

Did you give the 2m+ notice of increase after the periodic renewal date?

If the rent is not 2m in arrears, s21 & s8 ground 12 & 13 together?

Ross McColl

12:25 PM, 15th January 2016
About 3 years ago

Issue a Section 21 immediately. Issue a Section 8, but use the Accelerated Possession Proceedings to get the possession order. Make sure you record delivery of the notices. All the best.

Chris Byways

12:29 PM, 15th January 2016
About 3 years ago

And just to really foul up your day.....

http://www.landlordlawblog.co.uk/2015/02/03/new-court-of-appeal-decision-makes-landlords-and-agents-repairing-obligations-more-onerous/

May be in Supreme Court in the Spring?

Who'd be a LL?

Chris Byways

12:58 PM, 15th January 2016
About 3 years ago

Recardo Knights

16:54 PM, 15th January 2016
About 3 years ago

Recently had the same problem on inspection before Christmas, mould and damp in some rooms. Told the tenant the property has been damp, and mould free for 14 years, and he should heat and ventilate as the guidelines I gave 2 years ago when he move in should be followed. Although no trouble last year I felt not enough heat and vent was used and too much damp close on radiators.

When I told him this he said the windows were always opened, so when I tried to open the Bay windows they were all locked and he didn't know where to find the keys!

In his mind it was rising damp, penetrating damp, damp from above etc. LL was to fix it. I sent a damp expert round who agreed with me. So advised the tenant that as stated in the tenancy he was responsible to remove the damp, mould, and return the toilets to their white condition.

A section 21 was served at the start of the tenancy and I was ready to evict. After calming down I explained to the council what was happening, and asked them to talk to the tenant before I evicted them. Waste of time could not intervene unless the tenant complained about ME the nasty landlord.
I told the tenant this could be harmful to their young children if not removed, but still think it's there and getting worse. Don't think they care. Decided to let them live in their own mess and evict later.
If they left next week I have to refurbish and loose rent and pay council tax. keep the next few months rent money to go towards the refurb and if the tax law is not overturned will probably sell.

I have emails from the council, saying they are damaging my property, the damp surveyor agreeing to the cause, so let things lie till April.

Joe Bloggs

18:10 PM, 15th January 2016
About 3 years ago

Reply to the comment left by "Ross McColl" at "15/01/2016 - 12:25":

'Make sure you record delivery of the notices.'

I THOUGHT THE LEGAL ADVICE IS NOT TO DO RECORDED DELIVERY, BUT A CERTIFICATE OF POSTING.

Mandy Thomson

18:17 PM, 15th January 2016
About 3 years ago

Reply to the comment left by "Joe Bloggs" at "15/01/2016 - 18:10":

It's perfectly legal to do either, or even neither. However, recorded delivery can be refused and returned undelivered to sender, whereas a civil court would normally deem a certificate of posting as delivery. I would be inclined to send a scanned copy by email at the same time.

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