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

[ConcernedLandlord]

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.

@safariboot

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.

It wil be delayed won't it :( so yes, I may do this. Thank you

Hi OP I'd be concerned too in your situation. If she really isn't living there I'd be worried the house could be being used as a cannabis factory. Either by her/her partner or she has sublet it to someone else for this purpose.
Are the curtains to the property open or closed and can you see in at all?
The thing about the fires could point towards this as well.
It's sadly really common.

By the sound of the rotten milk and built up letters, it's highly unlikely she's subletting.

It sounds more that she's not coping well, spends a lot of time at her mums/partners and just uses the house as a base for her stuff and so it's become badly neglected.

I'd give her a letter stating that unless your workman gets access on a given date, you will be starting eviction proceedings.

That will either make her sort the house out or she will hide from the reality of the situation and you can begin eviction.

I'm a tenant...I'm not a landlord...so my opinion is not biased in any way.

I'd send a letter and insist on the periodic inspection at the same time. I'd be more worried why she's so against the electric being changed - could be something dodgy, growing something or fiddled with the meter ?

One good thing about it all being over messages (she NEVER answers her phone!) is I do have a record of all things

That's good, it'll show that you've made every effort possible to complete the work and to provide your obligations as a landlord. From the sounds of it, she doesn't have a leg to stand on in terms of eviction.

I think @FortunesFave has the right of it and she's letting the place run to neglect because she's not coping and spending a lot of time elsewhere. I know it probably feels awful to start eviction proceedings against someone who is potentially vulnerable in that way but it sounds like matters have reached a point where its necessary in order to protect your property.

Do you think she’s growing cannabis? Just a thought. Would explain a lot.
Why would someone rent and not live there?
Why is she avoiding letting anyone in?

She was really annoyed and said they were all being horrible to her for no reason, but she did clean up and sent me the photo of such. It's a really lovely house! Of course I'll say that I suppose but it is. A nice spot, nice neighbourhood, semi, car parking, a lovely garden (WAS a lovely garden)..

@FoxyTheFox

One good thing about it all being over messages (she NEVER answers her phone!) is I do have a record of all things

That's good, it'll show that you've made every effort possible to complete the work and to provide your obligations as a landlord. From the sounds of it, she doesn't have a leg to stand on in terms of eviction.

I think @FortunesFave has the right of it and she's letting the place run to neglect because she's not coping and spending a lot of time elsewhere. I know it probably feels awful to start eviction proceedings against someone who is potentially vulnerable in that way but it sounds like matters have reached a point where its necessary in order to protect your property.

Yes, and me being me just feels I should offer help and not make her issues worse :( but I have to I know.

You don't need her permission to enter the property. Give her 24hrs notice and turn up with your workman and your keys.

@doublehalo

You don't need her permission to enter the property. Give her 24hrs notice and turn up with your workman and your keys.

I agree normally, but not if this covid thing is true and at the moment I can't know it isn't I do know, but not really

Can you reverse image search the screenshot she sent you on Google? (This link tells you how: www.pcmag.com/how-to/how-to-do-a-reverse-image-search-from-your-phone ) That would give you an idea of whether she's just picked it up off the internet.

Evict, sorry but you are in business you are not a charity.

O know that sound harsh but look at it like this: When your business earns enough money that you can give it away then you can look for charity cases to help, until then you can not.

I’d be very worried about what’s going on inside that house and be doing whatever I could to get in there ASAP. I’m not sure of the legislation in the UK but if it’s true that you can just issue her with notice and let yourself in I would do it. Unless she can send you proper evidence of the covid test with her name on it.

Well I’d stop being so wet, for a start.

She’s trashing your asset that you presumably worked hard to get, devaluing it, souring your relationship with the neighbours and likely neglecting her kids.

The longer this goes on the more it will cost you.

Where’s your backbone? Your anger? She’s treating you and your property like shit.

Honestly the advice above is right. Being a landlord is a business and you need to approach it as such. She is an adult with her own family and it is not your role to be her support. Your role is to ensure she is living in a safe habitable house, and that you protect your own financial interests.

Even if you give her a section 21 - section 8 is hard unless you have a shit load of evidence or rent arrears you would be unlikely to get her out of your property this year .
At the moment it’s 6 months notice before you can start the process although this might change at the end of March . But even if I changes she will probably be advised to stay put as she won’t get rehoused by the council unless you evict her which under normal times can take 6 -12 months
On a landlord four lim I’m on people have been trying to evict since last March and still haven’t managed to do so

I would be calling social services as absolute priority. Tell them what you just wrote here.

@Mumofsend

I would be calling social services as absolute priority. Tell them what you just wrote here.

I will try to reply to eveyone later just busy atm,appreciate all the advice. I truly realise eviction isnt going to be quick or easy. And she'll probably stop paying her rent for the months it takes. Ugh. Most landlords arent loaded despite popular belief. Also with the flooring shes had done she is likely to be pissed off at money she's lost. Regarding the above, mumofsend what would you be actually concerned about that you would tell SS? Mess? Her not appearing to be functional? I'm not sure how I'd approach that. The workman that told me he was worried is soemone my family have known for years and he's a fab dad and generally lovely, I do trust him and he was very upset while telling me. Thinking now, I might speak to him again and see if I can get more details

@ConcernedLandlord honestly yes, it may be that she just needs a bit of help but if it is enough for a repair man to have told you I would be highly concerned for the children. SS aren't monsters and it would be better for intervention now than when things get too bad to come back from.

You need to write to her three times by recorded mail so you can keep a record of your attempts. Set out in the letter that it is a legal requirement and the full risks of not complying (I.e fire risk). Give her a deadline in each letter to contact you.

This was if anything were to happen you can prove that you tried everything to meet the deadline and have proof.

You can also serve her notice at anytime under s. 21 so long as the term is up or coming up. Do NOT specify a reason in the notice.

Also you do need her permission to enter, if she’s says no you can’t enter. This 24 hour thing people write in tenancies directly contradicts the right to ‘quiet enjoyment’ in law. The law wins. Don’t forcibly enter, she could call the police.

You need to toughen up a bit and protect your asset OP.

Someone needs to consider the poor children’s welfare too - I’d contact SS about them and let them handle the matter.

You don't need her permission to enter the property

Covenants set out in law say otherwise. As @springdale1 says, the tenant could call the police. She could then also make things even more difficult for the OP, for example she could make an accusation of theft (not that the OP would but "landlord came in without permission and now my is missing..."), she could make an accusation of harassment, she could also report it to the council many of whom now keep a list of rogue landlords.

@Theunamedcat

But I would say not being able to get in for repairs and maintenance is that a reason you can evict? Will you not just get a court order granting entry?

You certainly can if you're a social landlord, I've had to do it when tenants with MH issues wouldn't let workmen in for essential repairs.

You don't need a reason to evict using a Section 21, it can be a "no fault" notice for no reason other than the landlord wanting possession of the property.