Section 21 issue with a tenant in situ?

Section 21 issue with a tenant in situ?

0:04 AM, 10th January 2024, About 5 months ago 20

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Hello, My tenant has been in the property for a very long time, even before I purchased it in 2006. I have tried to sell the property with them in situ but no takers which I tried for around 6 months. I gave them four months notice to vacate but the council pays most of their rent and as typical with the council they have been told to sit tight and wait for the bailiffs.

I then made an application to the court for possession. The tenant opposed it only on the ground that she didn’t see why they should pay the court fee as they are on benefits. This was last August. I chased the court in October and was told it was waiting to go before a judge.

I chased again last week and the court e-mailed to say the file was off site and they would review. The next day I had an order to strike out my claim which had clearly been struck out by the judge back in August but the court had not told me about it. The reason for the strike out was that I had said the tenant was in occupation pre 2006 and had not provided the tenancy agreement from 2006.

I had explained in my claim that we purchased the property with them in situ, I also had no idea that the court expect you to provide every Gas Safety certificate and every AST for the entire duration of the tenancy – this was not the case when I had a possession order 5 years ago!

I have e-mailed the court twice to appeal the decision and to again offer an explanation regarding the occupation and the fact that I don’t have the AST from 2006 when I purchased the property.

My biggest concern is I don’t have a tenancy agreement from 2006, so why is a document that is 18 years old even relevant when the latest AST was provided?

I provided Gas Safety certs going back about 5 years but I don’t have them going back to 2006. I just don’t understand why these are relevant.

Is there anything that can be done to remedy a situation where you don’t have all the AST’s, all the gas certificates?

Everything else is in order, I have the electrical certificates, the details of the deposit scheme, the tenant’s How to Rent guide etc.

Are the courts saying, if you don’t keep all of the paperwork the tenant can stay forever? I have a mortgage that expires in a few years so I need vacant possession so I can do it up and sell it, I won’t be able to take out another mortgage. If they don’t go then the lender will simply repossess the property and they will no doubt be evicted at that point, it doesn’t end well for any of us!

Please, does anyone have any ideas as to what I should do next before I engage a solicitor?

Thank you,

Nicola


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Comments

Cider Drinker

7:36 AM, 10th January 2024, About 5 months ago

Contact an eviction specialist. They should be able to advise accordingly.

Cider Drinker

9:21 AM, 10th January 2024, About 5 months ago

The property is t selling because the price is too high.

Without a tenant, there’ll be no rent coming in and you’ll be responsible for utilities, insurance etc., and the property may still be overpriced.

smithn

10:07 AM, 10th January 2024, About 5 months ago

Reply to the comment left by Cider Drinker at 10/01/2024 - 09:21
The property was priced accordingly, I did have an offer but then they pulled out. The problem as I see it is that landlords are leaving in their droves. By trying to sell to another landlord investor I am reducing my target market ie first time buyers. The property will need some work carried out on it to make it saleable but I can't do that all the time the tenant is in situ.

TheBiggerPicture

11:22 AM, 10th January 2024, About 5 months ago

I am guessing the older tenancy agreement is important because it may have given the tenant more rights. Don't think law can be a do it yourself job. You may get it right sometimes, but there is too much that you don't know.

Paul Essex

11:32 AM, 10th January 2024, About 5 months ago

Sadly you can now see why buyers do not want existing tenants - I fear you may need to price them out by raising the rent.

Amen Bundred

11:51 AM, 10th January 2024, About 5 months ago

You can offer them a cash sum to move out. Alternatively you can sell at auction and it's the buyers issue then.

Chris @ Possession Friend

12:29 PM, 10th January 2024, About 5 months ago

@Nicola, contact us if you want help.

Cider Drinker

13:09 PM, 10th January 2024, About 5 months ago

You have owned the property for 17+ years and should have made good money, especially as interest rates collapsed soon after you bought.

The lack of a tenancy agreement is a huge risk for any potential buyer. You may only find a buyer by slashing the price. The auction suggestions are good but if the reserve price is too high, I don’t think you’ll find a buyer. There are better tenanted properties out there.

Using an eviction specialist is another good option. Again, the lack of a tenancy agreement could be a significant hurdle.

Good luck to you and your tenant.

Michael Booth

13:39 PM, 10th January 2024, About 5 months ago

Common practise with councils, inform the council that they are in breach of the homelessness deduction act 2017, and homelessness code of practise by advising the tenant to breach their lease agreement and will take legal action to claim compensation for their actions .

Slooky

19:54 PM, 10th January 2024, About 5 months ago

A relative has a similar situation. He has the current TA, current gas, current Eicr, no deposit involved and can not issue a section 21 because he does not have the first gas certificate. I'm not a professional but it is alarming to me that the judge wants the original TA when it's been replaced with a current one. Surely the current TA has trumped the old one. We contacted eviction specialists and they said they couldn't help because we didn't have the first gas certificate. Just before the repossession date a relative stepped in and paid of the mortgage but it still needs to be sold. We have increased the rent to market value as we were advised we would never be able to issue a section 21 and we are advised to try and hope that the tenant gets into arrears. Sad for the tenant but the state of our rental system is so shocking that someone can not get a tenant to leave even when the mortgage company has said they will repossess. Why should a landlord suffer the financial loss involved with repossession just because a bit of paperwork about a rental agreement is wrong. Is any other industry penalized as much as landlords?

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