Tenant refusing to leave?

Tenant refusing to leave?

9:09 AM, 30th June 2023, About 11 months ago 22

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Hello, my wife and I bought a property, the completion date was January 2023. We bought with a tenant in situ who since April has been in rent arrears and is refusing to leave after section 21 and 8 has been issued.

The solicitor is about to issue an accelerated possession order but has requested us to get the Gas Safety certificate issued to the tenant when she moved in 2016, which is not available. Will the court not honour the accelerated possession order as advised by the solicitor?

Please advise as my wife and I are having to incur monthly costs from our pockets.

Thank you,

Stan


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Comments

Norma Nagle

12:50 PM, 30th June 2023, About 11 months ago

Hi I am kind of in a similar position, except house was never bought as a rental but has accidently ended up as one. No gas certificate from when tenancy begun in2017 but there has been one every year since 2019. My solicitor is advising me that I can use section 21 and the accelerated route.
Things really stacked against homeowners

Reluctant Landlord

13:50 PM, 30th June 2023, About 11 months ago

S8 might be the only option here.

If the Gas Cert for the S21 is missing its pointless pursuing this.

If your tenant is working then in addition to pursuing the S8 you could send separate communication simply highlighting the S8 process and that additional costs will also be added to the rent arrears bill - all of which will be chased via money order. Highlight the implications of this on his future financial referencing record etc, especially if it has to go down the CCJ route.
Perhaps state you (as the new LL) are willing to understand WHY the tenant is not paying and if it is due to financial difficulties then maybe a compromise could be made?

Graham Bowcock

16:13 PM, 30th June 2023, About 11 months ago

Reply to the comment left by Norma Nagle at 30/06/2023 - 12:50
In fairness Norma, whilst I agree to some extent about the protection that tenants have, there are clear (but strict) rules as to how tenancies work. It should not really come as a surprise to any landlord what they need to secure possession.

As for being an “accidental” landlord, this is by far the biggest mistake I see in the sector. Usually lettings to friends, or friends of friends, who then renege. The value of most houses is pretty significant, yet so many people rely on informal agreements and pub advice.

Ruchelle

1:04 AM, 1st July 2023, About 11 months ago

I am said tenant Stanley is referring too. I have only incurred rent arrears due to the fact that I am being refused a tenancy agreement, No agreement no official paperwork rent on! So please do tell me how I can pay my rent which I top up £160 per month as the government were paying £440. I I even offered to pay £2400 to secure a new tenancy agreement. I have spent a lot of money on improving this property as the previous tenant was not very clean to say the least I am a disabled student with two disabled so s living with me. I feel I was never ever going to get a tenancy agreement, as he tried to put the rent up straight away to £700/750 pcm I was only contacted on evening and weekends, these are not office hours

Ruchelle

1:10 AM, 1st July 2023, About 11 months ago

Also I can not legally be served with a section 21,
As I do not have a tenancy agreement, now served with sections 8, 10 and 11 unpaid rent and always late paying my rent can not be paid without official paperwork stating rent and landlord details again OFFICIAL

Ruchelle

1:16 AM, 1st July 2023, About 11 months ago

I am not working I am a disabled student who has been asking for a tenancy agreement since they purchased hased the property I have only just!!!! Recieved official documentation to prove my rent is £600 I have even offered to pay £2400 this was February march time 3 months rent in advance and £600 for a bond this was ignored and was never answered dispite many attempts to speak to Stanley's agents

Ruchelle

1:24 AM, 1st July 2023, About 11 months ago

Reply to the comment left by Golfman at 30/06/2023 - 11:13
May I asks what helps the safety of the tenant? As I had done nothing wrong as a tenant.
I don't have wild parties my neighbours have never had to complain I have sorted and regrassed both lawns, dug flower beds, cleaned the property inside and out.

Leonard Read

12:38 PM, 1st July 2023, About 11 months ago

Reply to the comment left by Graham Bowcock at 30/06/2023 - 09:58
you can apply to the court for a bench warrant to be served by the court appointed bailiff,

Luki

14:01 PM, 1st July 2023, About 11 months ago

It’s a absolute scary thought that a court can throw out an eviction case by one simple missed gas safety cert from 2016. Does that mean the tenant is granted the property indefinitely!

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