Help – Tenant won’t move out of unsafe building?

Help – Tenant won’t move out of unsafe building?

13:48 PM, 10th September 2021, About 2 weeks ago 8

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I’m hoping someone can point us in the right direction as Rent Smart Wales, NRLA or the council have been unable to help.

We have a building in 3 flats, the top floor is rented to a tenant who has been there for about 18 months. On starting to refurbish the middle floor flat, we found that there was serious structural damage that had been covered up by the previous owner. The council have now issued an emergency prohibition order and have offered the tenant alternative accommodation, but he has declined and is refusing to move out.

To serve a section 21 will take 6 months (at least) and we and the council want him out quickly due to the unsafe conditions. The council are also saying they will fine us unless we get him out, even though we went to them for help and support as soon as we realised the problems with the building.

Has anyone got any suggestions please?

Linda



Comments

by Blodwyn

14:26 PM, 10th September 2021, About 2 weeks ago

Without trawling the legal tomes, what authority do the council have to fine a landlord who is trying to do what they both want, move the tenant to allow the landlord to make safe - and then presumably restore the tenant?
Could the local County Court be helpful to list for tomorrow the appropriate appplication to move the tenant?

by Paul Maguire

14:49 PM, 10th September 2021, About 2 weeks ago

Try Section 3 of the Mental Health Act.

by Smartermind

14:50 PM, 10th September 2021, About 2 weeks ago

Evicting the tenant (Section 21) is a tad unfair as the tenant has done nothing wrong. As the landlord it is your responsibility to ensure that the property is fit for human habitation. Presumably you only want to relocate the tenant temporarily while you carry out the repairs, in which case you will need to ensure that the tenant is not out of pocket and perhaps offer a reasonable inducement to get them to relocate temporarily.

Have you explained that the relocation is not permanent?

by Chris @ Possession Friend

15:59 PM, 10th September 2021, About 2 weeks ago

Linda, - your welcome to contact us for advice.

by homemaker

16:14 PM, 10th September 2021, About 2 weeks ago

Linda, have you contacted your insurers for assistance? They may be able to offer alternative temporary accommodation while works are carried out that might be more agreeable to your tenant. Although the Council may advise that it is an offence to allow occupation of the property you are required to follow the correct procedures to obtain possession and providing you aren’t sitting on your hands they would be hard pushed to pursue you.

by David Price

17:56 PM, 10th September 2021, About 2 weeks ago

I love the concept of a landlord being fined for something a tenant has done (or not done in this case), especially as it is something which legally the landlord can do nothing about.
It had to happen sooner or later, the next stage will be a landlord jailed for a tenant's misdemeanour. I breathe a sigh of relief that the death penalty has been abolished.

by Oliver Black

10:22 AM, 11th September 2021, About 2 weeks ago

Reply to the comment left by David Price at 10/09/2021 - 17:56
The tenant has done nothing wrong, why should they voluntarily evict themselves?

As the other comments make clear this landlord is failing to think outside the box, and presumes eviction is the only way forward. Alternative temporary accommodation (maybe paid for by insurance) is also an option.

This might be the easiest path for the landlord, but it is the most difficult for the tenant. Given the landlord is responsible for the structural soundness of the building, he should suffer the inconvenience.

by DSR

14:57 PM, 12th September 2021, About 2 weeks ago

if this is a genuine case that the LL did not know about the serious structural issue beforehand and
is now trying to act responsibly with the full knowledge of such with the Council AND the Council has offered the tenant alternative accommodation BUT the tenant has refused to take this up then I would have no hesitation issuing the tenant with and eviction notice.
1. The tenant has refused the LL AND council offer of alternative (temp not permanent)
2. If the LL starts the S8 or S21 process they will be seeing to be acting in total accordance with the law as it stands so if the Council turn round and say the LL is not doing all he can then this is evidence enough!
3. As the LL I would write to the Council AFTER serving the notice to say this is what you have had to resort to as the tenant is not being compliant. Ask the Council what exactly they suggest in this circumstance (and get any reply in written form you may need to rely on this later)
What the hell else can you do?


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