Tenant’s actions have made flat a Health and Safety danger

by Readers Question

13:39 PM, 17th July 2014
About 4 years ago

Tenant’s actions have made flat a Health and Safety danger

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Tenant’s actions have made flat a Health and Safety danger

My tenant has a serious drink problem and has damaged the flat so badly it has caused a serious Health and Safety issue.

The power points are hanging off the wall, the kitchen has evidence of a messy hob top fire and there is mold everywhere from lack of ventilation.

On top of this I just find out that he has got custody of his baby. I am sure that Social Services will get involved and I would like to get him out before this happens. He is on an AST with the usual 2 month break clause.

Anyone have some advice on whether I can get him out earlier than this on safety, health reasons?

Many thanks

Johnpower



Comments

Mark Alexander

13:43 PM, 17th July 2014
About 4 years ago

Hi John

If there is a way then Paul Shamplina at Landlord Action is the man to advise you - see >>> http://www.property118.com/tenant-eviction/39099/
.

Stacey McCourt

13:50 PM, 17th July 2014
About 4 years ago

Hi John,

Section 8 Ground 13 all the way! Please note that this is a discretionary ground therefore it will be entirely up to the courts to decide on whether the tenant can be evicted. If you need more info on this, feel free to contact me

Stacey

Mark Alexander

13:54 PM, 17th July 2014
About 4 years ago

Reply to the comment left by "Stacey " at "17/07/2014 - 13:50":

I was considering getting HSE to condemn the property. I've never had to do this and would certainly take professional advice myself before pulling that particular trigger as I can see how it could easily backfire too.
.

Stacey McCourt

14:00 PM, 17th July 2014
About 4 years ago

I think that would work but would certainly have its disadvantages for the landlord. It would mean potentially a longer time off the market to refurbish/redecorate the property and then get the HSE to confirm the property is indeed habitable, whereas issuing a S8 could have the property back on the market within 4 weeks. I do understand the risks with section 8's though such as the tenant being reluctant and the landlord redecorating the property to an unacceptable/inhabitable standard. Here's hoping the tenant isn't reluctant and it should just be straightforward from the day the tenant is served the s8 notice!

Rob

14:01 PM, 17th July 2014
About 4 years ago

If it was me i would firstly get an electrician round there immediatly to sort out the electrics and issue you with an electrical safety certificate, i wouldnt want the death of a baby on my hands even if it would be proved to be the tenants fault. You can claim the cost of that from the tenant when he leaves. Then when i could sleep easy at night sort out the eviction bit.

Yvette Newbury

14:10 PM, 17th July 2014
About 4 years ago

Rob, I completely understand where you are coming from but I can imagine getting an electrician to go in there with the flat and the tenant as described would be difficult.

Stacey McCourt

14:14 PM, 17th July 2014
About 4 years ago

Reply to the comment left by "Rob " at "17/07/2014 - 14:01":

I agree with this. Get the property cleaned, then get the PAT tests done. I can't see DPS/TDS/MyDeposits having a problem with this if the tenant for some reasons chooses to dispute this.

Edit: Edited my comment just as Yvette posted hers, glad someone agrees.

Rob

14:35 PM, 17th July 2014
About 4 years ago

Reply to the comment left by "Yvette Newbury " at "17/07/2014 - 14:10":

Probably would be difficult, however under the circumstances i would give 24 hours notice that i would be entering the property with an electrician to rectify electrical issues caused by you for the saftey of your child weather you liked it or not. I wouldnt be worried about upsetting you because im gonna evict you anyway. If i ended up in hot water over entering the property then so be it, id rather that than have a tenent try and blame me for the death of a child.Which he could well try and do. Im pretty sure any court in the land would side with the landlord on those actions.I think i would check with my solicitor first but surely under the circumstances you can enter to do that.

Yvette Newbury

14:39 PM, 17th July 2014
About 4 years ago

In a particularly messy flat the insurance appointed contractors (electrician, carpenter and decorator accessing the flat to repair the kitchen after a fire) insisted I obtain a pest infestation certificate confirming the flat had been cleared, cleaned and any infestation treated before they would return to start work.

Jamie M

16:48 PM, 17th July 2014
About 4 years ago

I have just had a similar. The council encouraged him to stay on for 6 months while I went throughout the eviction process etc I lost £7070 in rent and £13,000 in property damage thanks to the councils coaching him of his rights and how I can do nothing to him. He ruined a great flat. It was so bad the council have just offered me £1000 on top of the rent deposit scheme, (lipstick on a pig) which didn't even cover the ruined carpets, let alone kitchen bathroom electrics et al. THE ONLY CHANCE you have is to meet him and offer him £500 or £1000 in cash if he leaves in two weeks. I have a friend who has done this with drunks etc

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