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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To evict my tenant *and other stories.....

110 replies

ConcernedLandlord · 09/03/2021 19:24

I feel awful about this, really awful :(

The property needs some work doing that, if not done by a certain date soon, will mean I am breaking the law.

For the last few months the tenant has been evasive and uncontactable, (which is quite normal for her, changing numbers regularly, not responsive etc), and then eventually agreed a date for it to be done. When the guy turned up to do it (and he arranged it with her, not me so a date of her choice) nobody was in to let him in.
Eventually the tenant's boyfriend contacted him and said sorry he hadn't heard the door or some such nonsense.

Second date, again similar thing occurred. Workman also said lots of built up post behind letterbox, curdled milk on doorstep, nobody appeared to be living there (if nobody is there, my insurance is void which is another concern).

Obviously my guy is getting rather annoyed and has now lost two days work.

So third time lucky-again he arranges it with her, but this time says he'd like me to be there too just in case she doesn't let him in as the deadline is looming and he is fully booked up for next few weeks. Fine, I emailed the tenant a letter to advise her, texted her also, and told her she did not have to be in if she didn't want to be. I said because she hasn't let him in beforehand, I needed to make sure he could get in-to which she responded that she didn't think he was coming last time, as he hadn't responded to her text. I told him what she had said and he sent me a screenshot showing that she clearly DID know he was coming and he had confirmed.

I know she spends a lot of time at her Mum's.

A family member has another property nearby, and their tenant has said that my tenant isn't living there, he never sees her etc.

The date before this booking, tenant emails me a screenshot of an ordering of a covid test, saying a relative she has spent time with has covid, and she needs to self isolate as a result so we can't come.

The work guy received a msg saying same, she actually sounded quite panicked in her msgs to him, saying he 'must not come'. Amongst other things (I find it odd because, she isn't usually there anyway ad hasn't been last two times). She also told me she had checked with 101 and they've confirmed she isn't allowed anyone in, which obviously is true, but I smell a rat.

It's a quiet street in a nice area. I've had neighbours tell me that her and her boyfriend burn things in the garden quite often, and I've also learned the fire brigade were called to the property on one of these occasions as they had lost control of a fire and it was encroaching on a neighbours (expensive!) van. :(

I've had complaints about their garden being full of rubbish, dirty nappies etc (she has four very young children*) and complaints about other things.

The same tenant has told me the neighbours are rude to her-I am not sure what is going on here, perhaps they're off with her because of the above.

Issues here for me;

  1. I feel she really does not want anyone in that property for whatever reason, and I am worried. However not so long ago she was having some different work done and was happy for the tradesman to go in.

While he was there, he asked me to come round to show me something, a problem with the job meaning he'd have to do something else-I checked with tenant who said fine for me to come round, so she's been fine with people in quite recently. On this visit, the house was a COMPLETE tip although I only saw downstairs.
2)I feel utterly awful making a young Mum move out in these awful times. Horrible. But what about her poor neighbours too?
3)As above, if she isn't actually there, my insurance is void.
4)Why may she be so against people in the house?
5)I think she is lying about this covid thing. The screenshot she sent me doesn't contain her name or any other identifying details. It could be someone else's or something she has got from the internet, even, she's also obviously lied about the workman not confirming. I am not hurt or bothered even that she has lied to me, but this again supports her just not wanting people in the house. What I may do is ask her for another screenshot with her name or similar included, citing that I may need it if this essential work cannot be carried out in time-I have to find another tradesman capable of doing it and I just might not be able to-and she may play more cards to avoid anyone coming in. :(

*back to the children. They're very young, and when aforementioned workman was actually working in the house (the one she DID let in) he messaged me with concerns. He said the house was such a tip and the couple did not interact with the babies at all, they were left strapped up in a chair for well over an hour. Of course, I understand it must be so so difficult with 3 very young children like that and a house being a mess does not equal bad parenting, and the next time he visited he said he took back his concerns, the house was in better order and everyone was being lovely, the children looked happy. Should I be concerned? I think not, but I'd rather ask what others thought about the children, and if you'd evict someone in these circumstances. I am a bit concerned that she isn't coping with something, although obviously this isn't really for me to be concerned about. Her partner and the children's father seems a lovely young man, confirmed by the aforementioned workman, but, who knows?

Wwyd
YABU-Do nothing just keep trying for a date to get the work done,s*it happens..
YANBU-something fishy going on here, protect yourself and your property and/or you're right to be concerned.

OP posts:
LIZS · 09/03/2021 20:18

Can you send a tracked letter and copy by email, stating that you are giving notice that you will be requiring access on x date for your workman to complete essential work, as agreed on y date. Is the house near a good school or could she be subletting?

safariboot · 09/03/2021 20:19

Morally I think you have enough reason for an S21.

Regarding the tenant refusing access for work you need to do, you could apply to a court for an access order. This isn't common with private landlord, they normally just evict instead, but if you think the eviction will be severely delayed it might be worth looking at.

StrawScarecrow · 09/03/2021 20:24

Current notice period for a section 21 is 6 months. This may change in March but may not.

Access order/injunction may be a good shout.

NorthDowns · 09/03/2021 20:25

Get shot of her. I bet internally the place will be a mess & that’s why she doesn’t allow access. Send a solicitor’s letter telling her you require access & failure to allow access within reasonable timescale will result in eviction action. This generally works.

PotterHead1985 · 09/03/2021 20:26

Pretty sure you are allowed to gain access to the property (giving notice of course) to carry out essential works. Which upgrading the electrics to legal standard would be.

Twofurrycatsagain · 09/03/2021 20:28

Is it possible that:
She doesn't want the work doing and will then withhold rent as house isn't 'habitable'
or
Wants evicting to move her up a housing list?
Bit convoluted but odd things do happen.
Keep a record of all communication with her about the workman.

TDMN · 09/03/2021 20:32

Your last message sounds good OP, it meand you have evidence of what needs doing and why and what the consequences will be - id also mention again that this is the 3rd attempt

Cherrysoup · 09/03/2021 20:44

I’m afraid I would send the Section 21. I bet the place is shocking inside.

Is it the new electrical safety certificate you need doing? Deadline is 31 March, I think? I asked my tenant about the workmen coming and she told me it couldn’t be done! I reminded her it’s the law, for her safety and essential. Turns out she just wants to be the one to choose the time, tricky when I need to organise the time, but totally fair. We negotiated!

Judystilldreamsofhorses · 09/03/2021 20:57

Just to give a slightly different perspective - we rent, and have lived here for six years. We keep the property in excellent order. However before Christmas we had a similar situation re electrical work, and it was a total pain - I’m a lecturer live teaching from home and having the power off for half a day (in our case) with no WiFi was really awkward. It ended up being done in the Christmas holidays, which worked out okay, but I would really have hated our landlord to think we were being evasive and had something to hide. (Under non-Covid circumstances we have spare keys for tradespeople, and no-one is at home during the day.)

mumwon · 09/03/2021 21:11

if its a safety obligation that has to be done by specific date & you have sent (& have emails trail or letters) you can go to court to allow you access
Re the covid
Bit of a coincidence ask her to go to her mother for the day (presumably her dm is both a covid contact & a bubble so they are treated as one household) or organise it for two weeks time

NotFabulousDarling · 09/03/2021 21:12

Surely not doing this electrical work will also invalidate your insurance? If there was a fire and the cause was that the electrics weren't up to date I doubt insurers would pay out. And if there's that much rubbish in the house the fire risk potential is high. So that's more reason why you need to get in and get it done.

I agree ring SS about her; she could well be doing this to the health visitor too (if she even has one) to stop her seeing how the children are living. But I also wouldn't lose sleep over evicting her. Whether she's struggling or not, your neighbours shouldn't have to put up with her burning things and leaving her garden full of rubbish (which can attract pests like rats).

When we had tenants, we needed to do urgent plumbing work on the house and they were being obstructive, so I told them if we couldn't do the work we would have to stop renting the house as it was unfit for habitation until repaired. They very quickly let us do the work after that.

mumwon · 09/03/2021 21:13

& she may be heading for a section 8 eviction -

user1487194234 · 09/03/2021 21:15

Really difficult and drawn out process to evict at the moment

mumwon · 09/03/2021 21:17

tell her to get a rapid flow test & show you proof (there for asymptomatic)

ElizaLaLa · 09/03/2021 21:28

She's probably turned it into a grow house.

I'd start eviction proceedings.

FoxyTheFox · 09/03/2021 21:30

No matter what your rental agreement says, you would be on very shaky ground if you entered the property without permission. There is a covenant in law that entitles the tenant to "quiet enjoyment" without disturbance, even if that 'enjoyment' isn't enjoyable for the landlord. The basic of it is that without first taking legal action, you cannot just go into the property without permission unless it is an emergency (which this wouldn't be) or it is clear that the property has been abandoned (which it isn't).

I would start by building up a paper trial of contact, on top of what you already have. Ask the tenant via email or text why they are not allowing entry and stress the importance of the work that you need to carry out, ask them to name a day and time for the work, make it clear that you cannot be held responsible for their safety if they cancel/refuse the work and that you will take steps to recover the property, also state that they will be held responsible for any damage to the property as a result of delaying the repair - that bit is enforceable via the deposit scheme.

And then, in all honesty, I'd evict them anyway. They're giving you a load of unnecessary stress and you would be better off with different tenants, evictions are currently taking six months so the sooner you get the ball rolling, the better.

Goldieloxx · 09/03/2021 21:40

Evict her, I feel sorry for her neighbours and her behaviour seems pretty suspicious. My neighbours won't let their landlord round either, I think because they have ripped his house apart, I know because I can see all the furniture they have removed in the garden!

abstractprojection · 09/03/2021 22:19

Looking at this sounds like she needs to let you or the contractor in once her period of self isolation is over (regardless of if real or not) or you are forced to go down section 21

england.shelter.org.uk/housing_advice/repairs/repairs_and_inspections_access_to_your_rented_home

Sarjest · 09/03/2021 22:26

Can you arrange a property inspection, giving her good notice of you going round? Then at least you would find out the true state of the rental. You sound reasonable and hanging on is not worth the stress. It will only get worse. I’d go for eviction, even if it takes a while and is at a cost to you. There are plenty of good tenants out there who would be happy to let you fulfil your legal obligations and take better care of the house.

VodkaSlimline · 09/03/2021 22:30

By all means evict - you would not be unreasonable - but she's unlikely to go. I think you're going to have a nightmare here.

timeisnotaline · 09/03/2021 22:40

I would definitely arrange an inspection, give legal notice etc. I’d be worried shes trashed the house.

Ellmau · 09/03/2021 22:41

Have you actually spoken to her lately or is is all e-mail/text/her partner? I'd be inclined to ask the police for a welfare check on her tbh.

ConcernedLandlord · 09/03/2021 23:53

Thanks again for all the replies. Vodka I am so worried about that, that she'll be out for blood.

EllMau I've not spoken to her about this only text.

I saw her a few months ago, I have her on whatsapp and she regularly changes her photos, and I also saw her in the supermarket a few weeks ago (I didn't approach her and I don't think she recognised me).

Another thing I didn't mention is when she had only been moved in a few weeks, she took it upon herself to have new flooring installed which I was pretty narked about but said to her (it was already underway when I found out!) that It's fine as long as it is done by someone decent at it. She said the carpets smelt-i didn't know or notice that they did, but maybe they did, I havent' spent a lot of time there but I told her had she mentioned this to me I'd have replaced/had them professionally cleaned/paid for new flooring/whatever, it isn't okay to just do things like this without even telling me. Sorry for drip feed.

foxy I have absolutely no intention of entering without permission, if I've implied that I am sorry-really no intention of such. One good thing about it all being over messages (she NEVER answers her phone!) is I do have a record of all things.

notfabulous yes it probably will, I've got just over a couple of weeks left. Yes I worry about rats etc too. I have been so tired today but I will get back on drafting a letter to her tomorrow. What would be your actual concerns re SS?
twofurry that is interesting-I wouldn't have thought of any of that.

I know it isn't easy or quick to evict at the moment, I am not under an illusion there.

mumwon yes I agree-and she says it is another family member who lives seperately to her Mum, and I know she sees her Mum so she isn't following the guidelines anyway.

judystill that sounds very frustrating!But I also suspect you didn't arrange a date and then not answer the door (twice) either!

cherry I am worried it is, too. With this sort of thing I always tell tradespeople to contact the tenant directly then there's no scope for middleman/confusion/getting a date they don't want.

OP posts:
Emeraldshamrock · 10/03/2021 00:00

The house must be trashed.
What was the reaction to the neighbours complaint? If they're leaving the garden in that state I'd imagine the inside isn't great.

ConcernedLandlord · 10/03/2021 00:06

@LIZS

Can you send a tracked letter and copy by email, stating that you are giving notice that you will be requiring access on x date for your workman to complete essential work, as agreed on y date. Is the house near a good school or could she be subletting?
I hadn't thought of that, regarding schools. I will google! I will sort a letter out tomorrow.
OP posts:
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