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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:
LastToBePicked · 06/11/2025 21:46

MolkosTeenageAngst · 06/11/2025 21:38

Can you raise the rent above market rate and then presumably she’ll stop paying it and it will be unaffordable and then you can serve Section 8?

Tenant can take it to rent tribunal. You can’t just raise the rent to an untenable amount as a means of eviction.

TeenagersAngst · 06/11/2025 21:46

femfemlicious · 06/11/2025 19:14

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

The new landlord inherits the existing AST but once the fixed period ends they can issue a new tenancy. This would allow them to issue the correct paperwork.

To be fair, the OP could do this but she then has to wait another six months. As it stands, she can put right some of her wrongs by issuing retrospective paperwork and then restarting the S21. That would speed things up. It’s only the gas safety that I’m not sure of.

Teaandtoastserveddaily · 06/11/2025 21:46

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

This is completely wrong.

PeonyBulb · 06/11/2025 21:44

berlinbaby2025 · 06/11/2025 21:19

Something else that the tenant could use in a case against the landlord.

I can only assume that people offering terrible advice have never been a tenant or landlord.

I have actually but I’ve never been in this difficult position of wanting to sell my own property

TheThingsYouDoForLurve · 06/11/2025 21:44

MolkosTeenageAngst · 06/11/2025 21:38

Can you raise the rent above market rate and then presumably she’ll stop paying it and it will be unaffordable and then you can serve Section 8?

God, I despair…. The OP had broken the law. They are in the wrong and people are suggesting they should be further negligent and behave like an utter bastard to boot?

Livelovebehappy · 06/11/2025 21:42

MrsMcGarry · 06/11/2025 21:25

You do know that when private landlords stop being landlords the properties they own don't just go up in a poof of smoke? They get sold, increasing supply in the market.

People in rentals are there because they can’t afford to buy, so obviously once the property is sold on, it’s one less property for someone to rent. Why do you think selling the property is going to help someone who needs to rent?

EmeraldShamrock000 · 06/11/2025 21:41

Good, I am delighted that it has caused some issues as a useless landlord.

GingerBeverage · 06/11/2025 21:41

OP, is it mortgaged? If you can’t sell will it get repossessed?

PacersSpanglesandaCabanabar · 06/11/2025 21:39

ToKittyornottoKitty · 06/11/2025 20:00

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

She can't evict the tenant on "no fault" grounds (which is the section 21route). If the tenant stops paying rent, presumably she can go down the "fault" route under a section 8 notice.

MolkosTeenageAngst · 06/11/2025 21:38

Can you raise the rent above market rate and then presumably she’ll stop paying it and it will be unaffordable and then you can serve Section 8?

TwinklySquid · 06/11/2025 21:36

Failure to not do the gas certificate means you can only evict via section 8 now. You can’t fix that after the event.

Also if you put the rent up, which you can, she could take you to court and get up to 12 months rent back because of your “oversight”.

And if you sell to a landlord, this mess won’t disappear- they can then only use section 8.

Looks like you are going to have to get used to being a landlord.

Delphiniumandlupins · 06/11/2025 21:36

Have you spoken to your tenant? Asked them what they would want to move? Can they buy the property?

Londonrach1 · 06/11/2025 21:34

Op no gas safety certificate...I'm shocked. Tell me you protected the deposit. Oversight...come on you have legal responsibilities here.

HPFA · 06/11/2025 21:30

Daisymay8 · 06/11/2025 20:59

One of the reasons tenant has nowhere to go is landlords leaving the business due to things like this /can’t get tenant out

The poor landlord who couldn't even be bothered to do the basic safety checks?

LuckIsNotMyForte · 06/11/2025 21:28

PeonyBulb · 06/11/2025 21:11

Surely the tenant will have to move due to all the renovations and work you’ll be doing on the house making it a health and safety issue for them to carry on staying there. They’ll have to move out as these works could take months no ?

Tenant can and should refuse access for renovations which obviously do not fall into repair category, especially if they know the landlord wants them out so they will not benefit from the mess and disruption.

It’s the landlords responsibility to ensure there are no health and safety hazards in rented property for tenants. Council will investigate and give notice to resolve or prosecute.

MrsMcGarry · 06/11/2025 21:25

Livelovebehappy · 06/11/2025 20:30

Honestly I’m not surprised private rentals are like hens teeth. Which sane person would want to be a landlord? Government better sort themselves out then and get building more social housing, or homelessness is going to get out of control.

You do know that when private landlords stop being landlords the properties they own don't just go up in a poof of smoke? They get sold, increasing supply in the market.

softstone · 06/11/2025 21:24

I would hire an eviction specialist such as Mark Dawson.

IntrinsicWorth · 06/11/2025 21:21

@Saywhetw what’s your situation and why the fire sale?

There will always be a buyer but obviously with a sitting tenant it is going to be for much less than with vacant possession. Sometimes needs must though and you should consider how much court proceedings, a possible fine, and court bailiffs will cost.

It is often cheaper and more efficient to pay off the tenant. Not a bribe, as they are losing their home and potentially in the frame dor much higher rents going forward, than had they been able to stay.

As to @BadgernTheGarden trying to equate failure to conduct gas and electricity checks with failing to apply for a licence in a selective licensing area - that is pathetic. Gas and electricity checks are vital for safety. Selective licensing is important but not in the same ballpark. Honestly, that is embarrassingly bad political agitation or at best, being pretty hard of thinking.

(edited to tag the person I was referring to)

AlwaysADramaHadEnough · 06/11/2025 21:20

@op also check re legionnaires disease checks. My ndn who rents private said its a new thing and their landlord has to check this every 2 years. She had an assessor yesterday

berlinbaby2025 · 06/11/2025 21:19

PeonyBulb · 06/11/2025 21:11

Surely the tenant will have to move due to all the renovations and work you’ll be doing on the house making it a health and safety issue for them to carry on staying there. They’ll have to move out as these works could take months no ?

Something else that the tenant could use in a case against the landlord.

I can only assume that people offering terrible advice have never been a tenant or landlord.

PumpkinTwistyWindToots · 06/11/2025 21:17

PeonyBulb · 06/11/2025 21:11

Surely the tenant will have to move due to all the renovations and work you’ll be doing on the house making it a health and safety issue for them to carry on staying there. They’ll have to move out as these works could take months no ?

Are you proposing that OP carries out an illegal eviction by harassing her tenant into leaving?

PeonyBulb · 06/11/2025 21:16

Is this now correct ?

updated grounds for possession: New grounds for eviction will be introduced, including a mandatory ground for landlords who want to sell the property, which requires four months' notice and cannot be used within the first 12 months of the tenancy.

GingerBeverage · 06/11/2025 21:16

So, a lifelong tenancy from no gas check at the start? Amazing.

OP Afraid this is one of those made bed lie in it situations. I did read you can still evict for antisocial behaviour but that’s it.

TheThingsYouDoForLurve · 06/11/2025 21:15

PeonyBulb · 06/11/2025 21:11

Surely the tenant will have to move due to all the renovations and work you’ll be doing on the house making it a health and safety issue for them to carry on staying there. They’ll have to move out as these works could take months no ?

The OP has broken the law. Trying to wriggle their way out of it is hardly the best course of action, no?