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

330 replies

Saywhetw · 06/11/2025 17:54

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

OP posts:
C8H10N4O2 · 07/11/2025 09:32

Aluna · 07/11/2025 09:19

I understand the beef with shit LLs but the general MN approach to LLs is mad.

Some people need to rent. What would we all do if no LLs existed and you simply couldn’t rent properties.

Rather too many people have had experience of hobby landlords. Frankly if hobby landlords all disappeared from the market in favour of better professional management of letting then the market would be better.

The buy-to-let craze seemed to take off big time in the 90s with a whole raft of new landlords just trying to make the dual buck of both income and capital growth where most commercial landlords know that over the long term you take one or the other if you are to maintain a decent property and decent tenants.

Hobby landlords trying to max the £ for the minimum of input are a plague on the rental market and the fact that a long term, reliable tenant can be kicked out of their home with a months notice by any hobby landlord looking to hike the rent has aggravates the problem. A stable rental market needs to include stable contract models.

snowmichael · 07/11/2025 09:29

YachtMistress · 06/11/2025 18:13

Your landlord responsibilities are numerous and ever increasing, if you can't tick all the boxes, your tenant is sitting pretty for the foreseeable. Your tenant may also pursue financial redress for your oversight.
Landlord Action is an excellent service, I can recommend, but the process takes time and money.
This is why the PRS is a sinking ship, which only benefits the corporate landlords.
Good luck

> which only benefits the corporate landlords. ...
... who, surprise surprise, are huge Labour donors

forgotmyusername1 · 07/11/2025 09:25

quickly checking my tennants gas safety is in date

C8H10N4O2 · 07/11/2025 09:24

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?

All irrelevant. At the point the OP decided to become a landlord they took on the responsibility of maintaining basic safety standards for other human lives.

It doesn’t matter if private individuals don’t bother checking their own houses, it doesn’t matter what has happened to the current or former owner. Tenants are entitled to know that at least basic safety checks are done - that is what they are paying the landlord for.

If one of my DC had a landlord skimping on such absolute basics I’d question what else they have skimped on.

Aluna · 07/11/2025 09:19

Fountofwisdom · 07/11/2025 08:23

Why?? We need rental properties. Many people want/need to rent and, for whatever reason, are not in a position to buy.

There is a very widespread hatred and resentment of LLs, which I think is misplaced. It’s irresponsible, greedy LLs we should direct anger at, but there are also many LLs who rent their properties with integrity and fulfil all their obligations.

When I was renting over the years, I had several great LLs, who treated me with respect and kindness. And when I was a LL myself, I did the same to my tenants. Not all LLs are monsters!

I understand the beef with shit LLs but the general MN approach to LLs is mad.

Some people need to rent. What would we all do if no LLs existed and you simply couldn’t rent properties.

jasflowers · 07/11/2025 09:12

hattie43 · 07/11/2025 08:59

But on the other hand you could have lots of properties sitting empty in a housing crisis . No rent and the government won’t be getting tax / NI income either . Seems very ill thought out but then that’s this whole Government, rush to plug a hole but create so many more .

Why would that happen?

A LL can evict for sale, to redevelop, so move back in, either themselves or family members.

What the RRB protects is LLs evicting for no other reason than to increase the rent.
Which is what that Labour MP did and then had to resign.

If a LL can evict but then re-let, you ve basically allowed No Fault Evictions.

Teenagerantruns · 07/11/2025 09:08

Im a Tennant and l know our landlord cant evict us easily as he hasn't done the gas safety check for years, l think electric out of date as well.
I have pointed this out to him, but hes still delaying. Not that l think he wants to evict us but l suppose one day he will want to sell. Its ridiculous that he has no idea of his responsibilities. On plus side we are renting at below market value as he has only put rent up once in 10 years.
He has no interest in us as long as he gets his money every month.

berlinbaby2025 · 07/11/2025 09:07

You're on the wrong forum really though, ; you'll get a lot of fnarr fnarr on here and would do much better with specialist advice

What a patronising and snotty comment. Many of us have direct experience of this kind of thing and the first thing OP needs to do is negotiate a financial deal to get the tenant out (the classic ‘cash for keys’ method). If the tenant doesn’t leave then that’s the time to get legal advice and then the costs to get the tenant out will quickly escalate.

hattie43 · 07/11/2025 08:59

jasflowers · 07/11/2025 08:02

I read it as 8 months, as its 12months after issuing notice, which has to be a 4month notice period.

To protect Tenants from being evicted for no reason at all, the period on re letting has to reasonably long.

But on the other hand you could have lots of properties sitting empty in a housing crisis . No rent and the government won’t be getting tax / NI income either . Seems very ill thought out but then that’s this whole Government, rush to plug a hole but create so many more .

Puzzledandpissedoff · 07/11/2025 08:59

LoveItaly · 06/11/2025 20:58

The OP failing in her duty to do the basic checks is unacceptable and should, of course, have consequences, but it shouldn’t mean she can’t ask the tenant to move out because she wants to sell the property. Ffs 🙄

On balance I agree; not getting the basic tasks done (for 7 years, FFS) is ridiculous and deserves whatever penalties are coming, but it does someetimes seem a bit much that LLs are constantly told to suck up anything a tenant does wrong, only to be hammered when the fault's theirs

You're on the wrong forum really though, @Saywhetw; you'll get a lot of fnarr fnarr on here and would do much better with specialist advice

PumpkinTwistyWindToots · 07/11/2025 08:56

DurinsBane · 06/11/2025 23:12

I know. I’m saying that a section 21 (while not applicable in the scenario anyway) is for when in a contract. When the contract is ended, she can give them notice notice, no section 21 or section 8 etc needed.

No it's not! Once a fixed term period ends the tenant and landlord are STILL in a contract. The landlord still has to serve notice. Currently section 21 notice, soon to he changed. There is no automatic end to a tenancy without notice being served.

Digdongdoo · 07/11/2025 08:53

Livelovebehappy · 07/11/2025 08:51

Obviously it’s not going to be 100% good experience, even with ones following process and procedure via agents. But your chances of getting a good experience are going to be greatly increased by using landlords sourced through estate agents.

Which is why I asked how you're defining "good". Bare minimum legally, doesn't equal "good" to me.
I feel like you're speaking as a landlord rather than a tenant.

Livelovebehappy · 07/11/2025 08:51

Digdongdoo · 07/11/2025 08:40

Lucky you if you've only had good experiences. But I've only ever rented via reputable letting agents and never once had what I would call a good landlord.

I've had landlords that have followed procedure. So I suppose if that is your only metric then they were "good" landlords.

Obviously it’s not going to be 100% good experience, even with ones following process and procedure via agents. But your chances of getting a good experience are going to be greatly increased by using landlords sourced through estate agents.

Digdongdoo · 07/11/2025 08:40

Livelovebehappy · 07/11/2025 08:14

Our experiences then are clearly different. I’ve rented and my experiences have been good. I think the key thing is to not rent off some random person you find on Facebook or Gumtree. Which is common sense really. Always do it through an agent, as those are the landlords who do things by the book generally. The tenants who source a rental via social media and other platforms are probably doing it for the reason that they want to bypass credit checks and references, so are probably the sort of tenants who aren’t going to be great, so you could say in those circumstances that it’s not going to be a match made in heaven. Both landlord and tenant wanting to bypass processes that would protect them both.

Lucky you if you've only had good experiences. But I've only ever rented via reputable letting agents and never once had what I would call a good landlord.

I've had landlords that have followed procedure. So I suppose if that is your only metric then they were "good" landlords.

Greenwitchart · 07/11/2025 08:37

Not providing your tenant with up to date electricity and gas certificates is not an ''oversight''.

It is breaking the law and putting your tenant's welfare at risk.

Yet another example of why landlords get such a bad press...

What else have you managed to conveniently forget? did you put their deposit in a protected deposit scheme?

Frankly you are at fault here and you need to start following the law and collaborating with the tenant (ie pay them off to leave) to find a way out of your own mess.

LupinLou · 07/11/2025 08:31

LoveItaly · 06/11/2025 20:42

I hope everyone on here crowing at the OP’s predicament will be happy when the only landlords left will be large financial institutions etc. How long do you think they will put up with most of the rights being on the tenants side? They will be lobbying for easy evictions and screwing tenants over in no time.

The corporate landlord we rented from was a huge improvement over the two accidental landlords we rented from prior.

Lolopolo · 07/11/2025 08:29

OP I have a fantastic lawyer (not cheap) who would give you all the right info and solutions. DM me if you want his details.

LastToBePicked · 07/11/2025 08:24

Liondoesntsleepatnight · 07/11/2025 08:08

Bloody hell OP, have you now carried out electricity and Gas Safety checks and have relevant certificates?

How do you let the property? If direct how do you contract? Is it due for renewal? If you use an agent they are incompetent. Can you start a new contract? In line with new rental rules? One that has a mutual notice built in?

In your shoes I would get valuations done, speak to tenants and advise them that the property is going on the market, offer them first to buy (at market value), if they don’t want to then advise them that the property will go onto the market and that they will need to move, realistically you won’t be completing a sale for many months. I wouldn’t put it on for sale until January.

I'm sure this is well intentioned but mostly incorrect. OP can't just put the property on the market and expect the tenant to move. That's the whole point of the thread. Due to her previous "oversights" she can't legally evict the tenant (or at least it's going to be difficult to do so), which leaves the tenants fully entitled to continue to live there which would prevent a sale with vacant possession.

OP can sell to someone willing to take it on with sitting tenants - that will be at a lower value than she could achieve selling with vacant possession but not impossible (even allowing for the "oversights" which may well limit the market).

Fountofwisdom · 07/11/2025 08:23

hattie43 · 07/11/2025 03:46

I hope every single landlord sells up .

Why?? We need rental properties. Many people want/need to rent and, for whatever reason, are not in a position to buy.

There is a very widespread hatred and resentment of LLs, which I think is misplaced. It’s irresponsible, greedy LLs we should direct anger at, but there are also many LLs who rent their properties with integrity and fulfil all their obligations.

When I was renting over the years, I had several great LLs, who treated me with respect and kindness. And when I was a LL myself, I did the same to my tenants. Not all LLs are monsters!

Livelovebehappy · 07/11/2025 08:18

hattie43 · 07/11/2025 03:46

I hope every single landlord sells up .

Ermm. I don’t think you’ve thought this through…..where do private renters turn to? Go on the ever increasing waiting list for social housing for years, meanwhile living in a travel lodge subsidised by the government? Selling up private rentals will increase housing stock for buyers, but there are millions who cannot afford to buy.

berlinbaby2025 · 07/11/2025 08:18

@Liondoesntsleepatnight You can’t just tell a tenant to move because you want to sell up and expect them to. Dud you know tenants have rights? You have to serve a section 8, but OP can’t because she’s been shit at her job.

TeenagersAngst · 07/11/2025 08:17

NextOneb · 07/11/2025 08:04

Well that feeds into my point - if people are merely buying to make a rental profit as opposed to living there, then it’s artificially induced demand.

You’re missing the point. Landlords can’t charge excessively high rents unless the market allows. The market currently allows that because there is no alternative housing. Governments since Thatcher have allowed social housing stock to dwindle and for private landlords to pick up the slack.

As our population has increased and other demands on housing have increased, demand on housing has gone up and supply has gone down.

You can argue for an end to private letting but that would require millions of social homes to be made available.

Livelovebehappy · 07/11/2025 08:14

Digdongdoo · 07/11/2025 06:47

Good landlords follow the simplest rules. It's not as though OP has fallen foul of some complex, obscure law. It's landlording 101.
And on what basis are most landlords good? That's not remotely my experience.

Our experiences then are clearly different. I’ve rented and my experiences have been good. I think the key thing is to not rent off some random person you find on Facebook or Gumtree. Which is common sense really. Always do it through an agent, as those are the landlords who do things by the book generally. The tenants who source a rental via social media and other platforms are probably doing it for the reason that they want to bypass credit checks and references, so are probably the sort of tenants who aren’t going to be great, so you could say in those circumstances that it’s not going to be a match made in heaven. Both landlord and tenant wanting to bypass processes that would protect them both.

Liondoesntsleepatnight · 07/11/2025 08:08

Bloody hell OP, have you now carried out electricity and Gas Safety checks and have relevant certificates?

How do you let the property? If direct how do you contract? Is it due for renewal? If you use an agent they are incompetent. Can you start a new contract? In line with new rental rules? One that has a mutual notice built in?

In your shoes I would get valuations done, speak to tenants and advise them that the property is going on the market, offer them first to buy (at market value), if they don’t want to then advise them that the property will go onto the market and that they will need to move, realistically you won’t be completing a sale for many months. I wouldn’t put it on for sale until January.

berlinbaby2025 · 07/11/2025 08:04

Nurseleaver82 · 07/11/2025 07:49

Play the long game, stop all talk about eviction amd selling the property to the Tennant. Then work through your list of 'oversights' over the next 6-12 months. The more you stress your Tennant out the more she/ he will dig their heels in. You have been a bit silly and a bit arrogant to think you can basically do what you want and won't be answerable to legalities.

“A bit silly and a bit arrogant” is an understatement. OP could have - indirectly - killed her tenant.

Your plan is risky because if the tenant doesn’t know already about the ‘oversights’ then they will do when OP brings them up which (unless the tenant is as stupid as some people on this thread) will ring alarm bells, possibly causing the tenant to take action against OP.

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