Should landlords have the right to refuse DSS tenants?10:43 AM, 20th May 2019
About 4 weeks ago 124
I inherited a tenant who has been in situ since 2011. An annual Agreement is signed each year for a following 12 months.
A recent inspection has found numerous breaches of the Agreement, some of which had been advised as remedied by the Tenant. Quite frankly the damage she has caused through pure negligence and laziness has to be seen to be believed. Tradesman visiting to quote say they have never seen anything like it.
The flat is a very small studio flat. It is designated as sole occupancy in the Lease.
A brief summary is – additional person staying permanently even though sole occupancy, large dog living there, no maintenance whatsoever, no opening of windows for ventilation, damage to walls, ceilings, fixtures and fittings, boiler system (new in 2011) damaged,, bathroom flooring wood and tiling needs replacing due to non replacement of shower door after breaking it, shower cubicle needs complete replacement due to grime which cannot be removed, and more including the flat is overcrowded with furniture contributing to mould which has damaged walls and two windows along with the non ventilation. The Property Manager who inspected advised she had to climb over furniture to get into the kitchen, she also said it was so cramped and felt that the living conditions with two adults and a dog residing there, plus smoking were the prime cause for all the mould damage.
At least 30 days vacant possession is needed to remedy the problems and will cost about £5000 minimum dependent on what else is found. As rental income is only just over £300 pm this is a disaster.
The tenant has her rent paid by the Council but it transpires the original Landlord did not have a formal contract or bond with the council, just an agreement to pay rent. Speaking with the council and showing photos of damage has led to them suggesting she has intentionally made herself homeless if evicted.
My options are Issue Section 21, with a view to eviction in December when Agreement finishes.
Issue a Section 8 because of all the breaches and go for eviction in 2 months.
Regardless of which I need the property empty for the repairs – what comeback could there be on myself if I waited for December ?
What implications are there if she vacates voluntarily for the work to be done, but I don’t allow her back in – what protection can I get legally if any.
My concern is if I don’t evict her and she moves out for 30 days, she will still have a period of time between then and December to cause problems again
What should I do ?
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