Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
NextOneb · 07/11/2025 08:04

TeenagersAngst · 07/11/2025 06:55

Yes, absolutely nothing to do with supply and demand. 🙄🙄🙄

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.

jasflowers · 07/11/2025 08:02

ChardonnaysBeastlyCat · 07/11/2025 07:57

This is mad and excessively punishing.

Circumstances can change dramatically over the space of a year.

Edited

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.

jasflowers · 07/11/2025 07:58

Bunny44 · 06/11/2025 23:28

I got an electrical report done in prep for potentially renting which was expensive but flagged up a massive list of things to fix (in a 20 yr old house), which even the electricians themselves said were not considered dangerous but the current regulations are a really high bar to pass. Also with the current fire regulations. It's all important but feels quite excessive and that along with being taxed so much on income which isn't even profit (since you don't offset the mortgage).

I've rented many times and been a landlord myself in the past but I was put off this time by all the current regulations and costs. It's not worth it. I just wanted to break even, but can't even do that. My property is currently sat empty but would have been a nice home to someone.

An EICR is not a high bar to pass at all, it looks for correct earthing requirements & continuity tests in line with current Electrical regs.

Costs about £200 max and is valid for 5 years.

A 20yo house will need at most a new Consumer unit, all your cabling will be pvc, so thats all ok, might need the gas pipe earth bonded near the meter.

Max £1500.

Fire regs? an alarm and it can be a battery one, on each floor, a CO2 monitor by the boiler.

None of this is onerous.

At the end of the day, even if you just break even, in 25years, you have a house, mortgage free, where someone else paid all your costs inc the mortgage.

ChardonnaysBeastlyCat · 07/11/2025 07:57

echt · 07/11/2025 07:25

This is from the Renters' Rights Act: To prevent landlords from abusing the moving in and selling grounds, landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds.

This is mad and excessively punishing.

Circumstances can change dramatically over the space of a year.

berlinbaby2025 · 07/11/2025 07:53

ReadingSoManyThreads · 06/11/2025 23:13

If the tenant stopped paying rent, then OP could Section 8 her and evict her that way. Section 8 is quicker than a Section 21. @Saywhetw why is solicitor telling you you cannot use Section 8? If you are planning on selling, Section 8 is the way to go. You need to use an Eviction Specialist. Mark Dawson of AST Assist is highly recommended. I obviously do not condone you not having carried out the legally required safety checks on the property though.

But you still need to provide the right documents to serve a section 7, which OP doesn’t have and didn’t do. This is part of the whole mess that is of OP’s creation. She’d better start negotiating a chunky pay off to her tenant if she wants the tenant out asap.

Needtosoundoffandbreathe · 07/11/2025 07:52

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?

Well that's a pretty stupid comment. In your own home then it's one thing not to maintain it properly, but gas safety is no joke and the reason we have those regulations is to prevent people dying from carbon monoxide poisoning or gas explosions.

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.

Cosyblankets · 07/11/2025 07:40

Funny how you forgot the gas and electric check but didn't forget to collect the rent.
Did you remember insurance?
Did you protect the deposit?

hattie43 · 07/11/2025 07:39

echt · 07/11/2025 07:25

This is from the Renters' Rights Act: To prevent landlords from abusing the moving in and selling grounds, landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds.

Far better to leave it empty and pay 12 mths costs and have the flexibility to do what you want with your own property .

hattie43 · 07/11/2025 07:36

TeenagersAngst · 07/11/2025 07:02

The RRB says they’re not allowed to put it back on the rental market for 12 months. Not sure how they will enforce, presumably through threat of fines.

As with most landlord legislation, this is yet another fine example of penalising good landlords to limit the actions of bad landlords. A good landlord might well intend to sell, put house on market and get no interest or their circumstances change so they decide to relet. However now they find they can’t for 12 months, house potentially sits empty, one less property available for tenants.

It’s like all legislation isn’t it . Far easier to issue a blanket rule than address the rogues . Like the call for the dangerous dogs issue to bring back licensing for all rather than stop the types of people keeping large dogs in unsuitable environments.

echt · 07/11/2025 07:25

hattie43 · 07/11/2025 06:43

I don’t see how it can work . Landlord wants to evict so says they want to sell property . Property doesn’t sell so back on the rental market .

This is from the Renters' Rights Act: To prevent landlords from abusing the moving in and selling grounds, landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds.

ToKittyornottoKitty · 07/11/2025 07:25

kasho5 · 07/11/2025 06:59

We're landlords - you can issue the missing paperwork and then serve the section 21 but you'll need to be quick as they are getting rid of them soon. I've seen these guys mentioned a lot as being very good eviction specialists www.ast-assistance.com/

Do you do this crap to your tenants too? She doesn’t have the paperwork to issue

berlinbaby2025 · 07/11/2025 07:19

hattie43 · 07/11/2025 03:46

I hope every single landlord sells up .

Oh dear. I take it you’re a bitter ex-landlord with an axe to grind?

Boomer55 · 07/11/2025 07:15

Contact these guys - they seem to have a good reputation around evictions:

www.landlordaction.co.uk/eviction

kasho5 · 07/11/2025 07:03

Saywhetw · 06/11/2025 19:58

@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

Under the new RRA selling the property is one of the Section 8 grounds

TeenagersAngst · 07/11/2025 07:02

hattie43 · 07/11/2025 06:43

I don’t see how it can work . Landlord wants to evict so says they want to sell property . Property doesn’t sell so back on the rental market .

The RRB says they’re not allowed to put it back on the rental market for 12 months. Not sure how they will enforce, presumably through threat of fines.

As with most landlord legislation, this is yet another fine example of penalising good landlords to limit the actions of bad landlords. A good landlord might well intend to sell, put house on market and get no interest or their circumstances change so they decide to relet. However now they find they can’t for 12 months, house potentially sits empty, one less property available for tenants.

kasho5 · 07/11/2025 06:59

We're landlords - you can issue the missing paperwork and then serve the section 21 but you'll need to be quick as they are getting rid of them soon. I've seen these guys mentioned a lot as being very good eviction specialists www.ast-assistance.com/

TeenagersAngst · 07/11/2025 06:55

NextOneb · 07/11/2025 02:22

@BadgernTheGarden rental properties are expensive for tenants because it’s a well known money making scheme. Many landlords live off the income of rentals as opposed to having a job themselves. That’s why properties are expensive, not because it’s a charitable cause.

Yes, absolutely nothing to do with supply and demand. 🙄🙄🙄

TeenagersAngst · 07/11/2025 06:50

PrincessofWells · 07/11/2025 01:23

Yes you probably can. In Trecarrell House Limited v Rouncefield [2020] EWCA Civ 760, the Court of Appeal held that a section 21 notice was valid where a gas safety certificate that should have been provided before the tenant went in to occupation but wasn’t, was provided prior to service of the notice. This means that it is possible for all gas safety certificates to be provided ‘late’ so long as provided before service of a section 21 notice. What is as yet not clear is the effect of failing to have a valid gas safety certificate at the commencement of the tenancy and where that failing can later be ‘redeemed’, or whether provision of a gas safety certificate at the commencement of a ‘replacement’ tenancy would correct the position.

My husband tested Trecarrell House in court and the judge wasn’t interested. He was missing a gas safety certificate from the start of the tenancy because a letting agent he had fired for incompetence claimed it was done but there was no paperwork.

All gas safety certificates done except for the one right at the start of the tenancy.

Judge dismissed Trecarrell House ruling without explaining why.

TeenagersAngst · 07/11/2025 06:47

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.

Why do you keep saying this? It’s not true. A landlord cannot end a tenancy without following the correct process.

You seem to be equating the end of the fixed period with the end of the tenancy (or contract as you call it). Thats not the case.

Digdongdoo · 07/11/2025 06:47

Livelovebehappy · 06/11/2025 21:48

Majority of landlords are good, so yep, we do need private landlords. Things should be made (very) difficult for slumlords, but the answer isn’t making things difficult for all landlords just because of the actions of a few.

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.

hattie43 · 07/11/2025 06:43

LastToBePicked · 07/11/2025 06:29

They are replacing S21 with new grounds that allow a landlord to do exactly that. The difference is the landlord now needs to prove that’s why they are serving notice.

I don’t see how it can work . Landlord wants to evict so says they want to sell property . Property doesn’t sell so back on the rental market .

LastToBePicked · 07/11/2025 06:29

DurinsBane · 06/11/2025 23:13

So when they get banned, how will anyone ever got a tenant to leave? For example if they sell up, or want to move in themselves?

They are replacing S21 with new grounds that allow a landlord to do exactly that. The difference is the landlord now needs to prove that’s why they are serving notice.

LastToBePicked · 07/11/2025 06:26

TeenagersAngst · 06/11/2025 22:41

And we’re moving back to this situation next year when the RRB comes into effect.

Not entirely- landlords will still have more liberty to serve notice on a tenant than the did 30 years ago. The RRB isn’t heralding in some new previously unheard of restrictions on landlords.

OldGothsFadeToGrey · 07/11/2025 06:04

@FancyCatSlave Just pointing out that as a landlord you don’t have any legal right to insist on a fixed term contract at renewal if a tenant doesn’t want one. The tenant has the legal right to refuse a new fixed term and the tenancy automatically becomes a rolling contract. You can decline to accept a rolling contract as a landlord - but you can’t prevent it if it automatically becomes an rolling at the end of the fixed term period, and you can’t force a fixed term on a tenant who doesn’t want it. I had a landlord who tried this shit too. Once. Also reprehensible if you’ve been automatically issuing and insisting on them.

Swipe left for the next trending thread