Page 12 | Surely I’m not expected legally to have this tenant in my property forevermore??

Saywhetw · 2025-11-06T17:54:56+00:00

Tenant been in property since 2017. I need to sell. Solicitor telling me we can’t used section 21 as I didn’t provide the right information at the time of the tenancy and also didn’t carry out electrical report or gas safety checks. This was oversight on our part. We can’t seem to use section 8 as tenant paid rent and isn’t a nuisance or anything but she literally won’t move even though we’ve asked repeatedly she just says she hadn’t got anywhere to go. It doesn’t seem right there’s no way out of this?? Solicitor said best they can do is write a letter asking her to vacate. I will get a second opinion tomorrow but really panicking now

Tdcp · 06/11/2025 20:15

Put in up with a tenant in situ?

eurochick · 06/11/2025 20:13

Your best option is to pay her off so she leaves voluntarily.

Enrichetta · 06/11/2025 20:12

TeenagersAngst · 06/11/2025 19:11

Why wouldn’t they? They don’t need to inherit the problems that OP is dealing with, they can simply issue a new tenancy agreement and do everything properly.

I do caveat that by saying they’d need to check on the status of the gas safety certificate as that might be the one thing that would ‘pollute’ a new AST.

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IANAL, but AFAIK the tenancy is not automatically ended by a sale - unless the tenants agree to a new AST agreement, it simply carries on.

@Saywhetw - you need to own that you messed up majorly and consult with a specialist lawyer on how to rectify the situation.

Though I fear you’ll end up having to pay the tenant a fairly large 5-figure sum to get them to vacate the property.

Hamthatbelongstome · 06/11/2025 20:11

Bollihobs · 06/11/2025 20:06

@Hamthatbelongstome You have literally no knowledge of the OP's circumstances - for all you know the house is her parents/PILs and is being sold to cover care home fees - how is that funny?

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Landlord crying about not being able to make someone homeless because they didn't follow the basic minimum easy but incredibly important safety checks.

ToKittyornottoKitty · 06/11/2025 20:09

Bollihobs · 06/11/2025 20:06

@Hamthatbelongstome You have literally no knowledge of the OP's circumstances - for all you know the house is her parents/PILs and is being sold to cover care home fees - how is that funny?

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The OP isn’t the victim here regardless, she’s acted immorally and illegally and is now trying to evict a good tenant after leaving them in a potentially unsafe house for years. It’s entirely right that the law protects the tenant in this scenario

randomchap · 06/11/2025 20:07

So you can't s21 them.

What you need to do is open a dialogue with them and find out what they would need to move out. There must be something they want.

If you're so desperate to sell, could you sell to the tenant?

Remember to pay any capital gains within 60 days of completion

Bollihobs · 06/11/2025 20:06

Hamthatbelongstome · 06/11/2025 19:42

You should check the legal case Byrne v Harwood-Delgado 26th June 2022 Luton County Court.

Gas check was not provided at the start of the tenancy. Court ruled that this requirement of the gas regulations can never be remedied. Therefore the landlord will never be able to serve a valid s.21 notice.

Haha, haha, haha

@Hamthatbelongstome You have literally no knowledge of the OP's circumstances - for all you know the house is her parents/PILs and is being sold to cover care home fees - how is that funny?

Woodlend · 06/11/2025 20:01

I do always find it funny that you need a gas and electricity safety certificate for a rental property and yet what proportion of owner occupiers have this done? Pretty much no one.

But yes, op Id expect a landlord to have done this. You’re going to get what’s coming to you. You’ll have declared the income to HMRC too?

SteakBakesAndHotTakes · 06/11/2025 20:00

berlinbaby2025 · 06/11/2025 19:58

Probably the most stupid advice I’ve read on here for a long time.

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Currently yes, but once the renters' rights act is in place from next year, all rent increases will be eligible to be contested/denied

ToKittyornottoKitty · 06/11/2025 20:00

MsCactus · 06/11/2025 19:55

Can't you just massively increase the cost of her rent so she leaves?

If OP can’t evict her the tenant would obviously just stop paying rent. Maybe the OP should try and rectify her mistakes rather than decide to be even worse landlord

Original poster

Saywhetw · 06/11/2025 19:58

Hamthatbelongstome · 06/11/2025 19:42

You should check the legal case Byrne v Harwood-Delgado 26th June 2022 Luton County Court.

Gas check was not provided at the start of the tenancy. Court ruled that this requirement of the gas regulations can never be remedied. Therefore the landlord will never be able to serve a valid s.21 notice.

Haha, haha, haha

@Hamthatbelongstome yes that’s what I was told that the section 21 is off the table completely as I don’t even have the records to now serve. No need for nasty remarks though, I’m struggling a lot as it is and need to sell

OP posts:

berlinbaby2025 · 06/11/2025 19:58

MsCactus · 06/11/2025 19:55

Can't you just massively increase the cost of her rent so she leaves?

Probably the most stupid advice I’ve read on here for a long time.

MsCactus · 06/11/2025 19:55

Can't you just massively increase the cost of her rent so she leaves?

JudgeJ · 06/11/2025 19:53

Greggsit · 06/11/2025 18:06

Landlords like you are why tenants have rights.

Without seeming to defend the OP but tenants seem to have all the rights and none of the responsibilities such as paying rent. Miss twice and automatic eviction should be the rule.

Hamthatbelongstome · 06/11/2025 19:42

You should check the legal case Byrne v Harwood-Delgado 26th June 2022 Luton County Court.

Gas check was not provided at the start of the tenancy. Court ruled that this requirement of the gas regulations can never be remedied. Therefore the landlord will never be able to serve a valid s.21 notice.

Haha, haha, haha

PashaMinaMio · 06/11/2025 19:26

https://www.ast-assistance.com/

You definitely need these people. They were a terrific help to me. (NB I was a proactive responsible LL) but my tenants were challenging.

Check AST out. They’ll take over the whole situation, advise you and put paid to your stress.

AST Assistance

Based in Bacup, we have been providing streamlined landlord services across the country since 2020. From landlords renting out single properties to those with large property portfolios, we provide our clients with the help, expertise, support and resou...

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Sloelydoesit · 06/11/2025 19:18

You are going to need specialist advice. This is the name that always pops up

https://www.ast-assistance.com/about-us

A guy called Mark Dawson.

Because you have done everything wrong - even though it was an oversight, you will need to jump through all the legal hoops to fix it

About Us

The team of property specialists at AST Assistance has long been there for landlords. Learn more about us and our team of experts here with our reviews and testimonials from our clients.

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JDM625 · 06/11/2025 19:18

Do you own other rentals OP? Have you forgotten their legal checks also?

HedwigEliza · 06/11/2025 19:16

You’re absolutely outrageous.

Not complying with the rules and regulations yourself and potentially jeopardising your tenant’s safety, and that’s an oversight. Bet you wouldn’t accept that as an excuse if they didn’t pay their rent, would you? You’ve got some nerve.

Bearbookagainandagain · 06/11/2025 19:15

You brought that upon yourself. No gas or electric safety checks is really bad and putting your tenant at risk. It's not just an "oversight".

Your solicitor doesn't seem very resourceful though. First I'm pretty sure you can just send all the required documentation, then serve the notice again.
And there is also another obvious way out, which is to pay your tenant to leave ("cash for key" arrangement).

femfemlicious · 06/11/2025 19:14

TeenagersAngst · 06/11/2025 19:11

Why wouldn’t they? They don’t need to inherit the problems that OP is dealing with, they can simply issue a new tenancy agreement and do everything properly.

I do caveat that by saying they’d need to check on the status of the gas safety certificate as that might be the one thing that would ‘pollute’ a new AST.

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If its that easy, why can't OP do that as well?.

femfemlicious · 06/11/2025 19:12

DurinsBane · 06/11/2025 18:16

Surely you just wait until the tenancy is up? As in 6 months, year long tenancy, however long the last one was signed for? Section 21, which is being banned from next year, is to give notice during a tenancy. Once it is up you can give them notice no issues

You really shshouldn'be giving advice when you don't know anything about being a landlord.

TeenagersAngst · 06/11/2025 19:11

femfemlicious · 06/11/2025 19:08

No investor would touch this unless the price i rock bottom. @Saywhetw if you need to get them out , help them get another property to move to ...offer to pay deposit and 1st month's rent for a new place

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Why wouldn’t they? They don’t need to inherit the problems that OP is dealing with, they can simply issue a new tenancy agreement and do everything properly.

I do caveat that by saying they’d need to check on the status of the gas safety certificate as that might be the one thing that would ‘pollute’ a new AST.

KimTheresPeopleThatAreDying · 06/11/2025 19:10

Greggsit · 06/11/2025 18:06

Landlords like you are why tenants have rights.

Exactly!

femfemlicious · 06/11/2025 19:08

77Fee · 06/11/2025 17:56

Not that this is what you want but you can sell a property with a tenant in situ.

Whether there are landlords out there wanting to buy is another thing.

No investor would touch this unless the price i rock bottom. @Saywhetw if you need to get them out , help them get another property to move to ...offer to pay deposit and 1st month's rent for a new place