Section 21 advice needed – buyer waiting?

What was the exact start date of the tenancy?
For which year are you missing the GSC?

There is very little chance of gaining possession in this FY – even if the Section 21 is valid. When the S21 date passes you need to apply for a possession hearing. If you ‘win’ and the tenant still doesn’t leave you need to go back to court to appoint bailiffs.

Maybe consider compensating the tenant for their out of pocket expenses incurred through no fault if their own.

I’d recommend contacting an eviction specialist.

Evictions are a legal minefield. And the tenant will be told to stay put until evicted as to leave beforehand makes them
” intentionally homeless”.

Tenants are not your friends, they have no loyalty to you, and they will be quite happy to sit there where you spend your money and subsidise their rent and be more charitable than Shelter.

No more Ms Nice Lady. Get hold of a good eviction specialist and get them out.

Reply to the comment left by Fed Up Landlord at 11/12/2023 – 10:44
I feel for you because I was in your shoes in March 2020, and couldn’t evict until July 2021. It then took 7 months to sell, and I was RTM Director and in possession of all necessary paperwork [incompetent solicitor]!

Use an eviction specialist. It will cost you, but it’s a small cost compared to the income you’re already losing, and will save you a lot of added stress.

Work out the worst case scenario, and if you can survive financially until you sell, you will soon forget.

Wise words from above, esp NewYorkie. The courts are simply not fit for purpose. If it were me I would make him an offer he cannot refuse. (Money to get out)

Sadly this also clearly demonstrates the risks of below market rent as the first response is that all other rents are too expensive – no appreciation at all for the fact that they have been paying a lower rent.

With a market rent there should be comparibly priced properties available.

“I also cannot recall who did the gas check”. Is it relevant? If so, assuming that you didn’t pay cash, then look at your bank statements and cheque stubs. The bank should be able to supply a copy cheque if it’s needed. Perhaps your accountant has the required information within his working papers?

It’s not a good idea to market a property for sale when you don’t currently have possession and eviction will take many months. You will likely lose your buyer.

your eviction is likely to be thrown out by the courts. I would suggest a surrender of tenancy giving the tenant some compensation to leave, maybe 2 months equivalent rent for example, if this does not work you said that the rent is £300-£400 under the market value, I would serve the relevant paperwork to increase the rent, as long as your contracts allow this, give them a months notice and if they pay then hopefully this covers your mortgage and if they do not then eventually they will be in 2 months arrears and you will have the correct grounds to serve a section 8 on the grounds of 8, 10 and 11. the courts are not fit for purpose. I hope this helps

Could somebody point me to the legislation that says a landlord needs to keep Gas Safety Certificates forever?

The HSE stay we need to keep them for two years (see ‘What are my duties as landlord in relation to gas safety’, paragraph 3).

https://www.hse.gov.uk/gas/domestic/faqlandlord.htm