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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:
FortunesFave · 10/03/2021 11:29

@FoxyTheFox

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.
But it's far from an instant eviction.

Here's advice to tenants from the CAB - note the highlighted section at the end of the following advice. It could take 6 months.

If you get a section 21 notice, it’s the first step your landlord has to take to make you leave your home. You won’t have to leave your home straight away.

If your section 21 notice is valid, your landlord will need to go to court to evict you.

You might be able to challenge your eviction and stay longer in your home.

Your landlord doesn’t need a reason for giving you a section 21 notice - for example, they might just want to move back into the property.

You can only get a section 21 notice if you have an assured shorthold tenancy. If you’re not sure what type of tenancy you have, use Shelter’s tenancy checker to find out.

If your landlord gives you a section 21 notice and you don't have an assured shorthold tenancy, your notice won't be valid. You'll be able to challenge your eviction and stay in your home.

If you got the section 21 notice on or after 29 August 2020, your landlord had to give you 6 months’ notice

murbblurb · 10/03/2021 11:34

if this is England you can't evict at the moment, backlog is approaching two years. It will be about the same for any court action for access too. The covid legislation has overridden all previous landlord legislation and you are actually compelled to provide free accommodation if your tenants choose not to pay.

do NOT use recorded delivery, easy for tenants to refuse. Send notices by normal post with a free proof of posting, from two separate post offices if you want to be sure. Legally that means they have been delivered after a few days.

regarding the electricial certificate: the landlord sites say that as long as you have evidence that you have repeatedly tried to arrange it, that should hold up in court. The local council will probably take you to court as they will smell easy money. They will also come after you for the council tax when she does a flit and stops paying, but you still can't access the property. (been there!)

contacting social services is a good idea. If she is vulnerable the dealers and cuckoos will be along shortly and then it will be hell for the neighbours for the next two years.

I hope you have good landlord insurance including rent guarantee and legal expenses, plus malicious damage. Sadly all the signs are that you are going to have a wrecked property and no rent. Sorry.

radioband · 10/03/2021 11:42

I work with vulnerable people, if they refuse to let workman in (our property) then I arrange a time with the workman and make sure they can get in even if it requires a locksmith. Obviously they’re made aware of the date and time etc and only if it’s a health and safety concern. If they’re avoiding me going into the property I know I need to get in as something is going on they don’t want me to see. Usually it’s either damage or mess. I would also anonymously contact Social Services to report concerns. They will want to go in. I would also probably start eviction proceedings. She is taking the mickey out of you and if she does have support needs you would hope it would be picked up by Social Services or the housing. Good luck.

FoxyTheFox · 10/03/2021 11:46

No, it's not an instant eviction but OP wouldn't need a reason for issuing it so the tenant wouldn't have grounds to object.

emilyfrost · 10/03/2021 11:53

I would contact social services and start the eviction process immediately.

Radio4Rocks · 10/03/2021 12:01

Get her out ASAP, OP.

TaraR2020 · 10/03/2021 12:18

Op, you sound like a lovely landlord!

Honestly, I would check legal advice about getting the work done - and then assuming it's legally ok, organisd it to be done on X date and tell her that you'll be letting workman in if she's not around, but won't be entering the property yourself.

I'm not sure there's enough in what you've said to warrant concerns over child welfare, but if you're genuinely worried then its better to be safe than sorry.

mumwon · 10/03/2021 12:41

regarding court permission to go into property -it has to be for safety issues & you have to have record of her denying you reasonable access & I saw this form of permitted landlord access mentioned on the NRLA forum website. (Any landlord please become a member of this or any other similar sites - the cost is tax deductible, up to date legal advice & in the case of NRLA a good phone advice line as well as a forum etc )
I think its about £70 this year?)

LGY1 · 10/03/2021 13:28

The Covid thing is a red herring where she thinks you can’t argue.
If emergency work needs carrying out it is still going ahead within council house maintenance
You just need to ask her to stay in a different room & you & the contractor needs to wear PPE.

We are so far down the line with Covid it doesn’t stop things that need to happen, you just need a procedure in place
Call her bluff....

Horizons83 · 10/03/2021 13:42

I think the Covid thing is a red herring.. if she has to self isolate then she cannot leave the house - I don't think there's anything that prohibits other people to enter the house to undertake work.

Horizons83 · 10/03/2021 13:44

..Or I could have just read LGY1's comment and not wasted my time and yours saying the same thing... :)

Monkeytapper · 10/03/2021 13:56

I hope you have handed her a 'How to Rent guide' when she moved in . If you haven't and it goes to court you wont be able to evict her under a section 21.

Monkeytapper · 10/03/2021 13:58

When I say 'handed her' I mean you need proof you have given it to her by her signing to say she was given it .

AwaAnBileYerHeid · 10/03/2021 13:59

Is she actually living there? She could be claiming benefits as a single mum, living alone etc but actually be shacked up in his/their main flat.

KindnessCrusader · 10/03/2021 14:03

@AwaAnBileYerHeid how interesting you should think that.

Picassosfriend · 10/03/2021 14:17

Op, I am in a pretty similar position and could have written a lot of your post. According to the Shelter website, if you tenant has concerns about someone entering the house due to Covid, then this could be grounds for delaying the inspections. Take a look at landlord info. on the Shelter website. You will need it confirmed in writing by your tenants that they are at risk. Of course, this doesn't get away from the fact that your tenant sounds tricky....

AwaAnBileYerHeid · 10/03/2021 14:46

In what way is it interesting @KindnessCrusader?

KenAddams · 10/03/2021 15:16

I thought the eviciton ban was banned until end of march at the earliest?

KenAddams · 10/03/2021 15:16

Haha sorry meant extended

murbblurb · 10/03/2021 16:44

evictions are indeed paused until end March. But if the OP has not even issued a valid section 21 she/he is a long,long way off that. Court backlog may mean up to two years. Rent payment is effectively optional now.

murbblurb · 10/03/2021 16:50

Make that 31 may. Sorry for anyone living next door to drug dealers who will be loving this.

KenAddams · 10/03/2021 17:09

I just said the same thing wish I was drug dealer wouldn't have any worries ATM 😂🤣

ConcernedLandlord · 10/03/2021 18:03

Thanks for all the advice. I've tried doing the reverse image search and I have found an identical image on twitter, APART FROM her image has her 'phone background etc. So doesn't prove she's lying -that image 'proving' a test has been ordered will be what everyone gets who uses that site to order one.

OP posts:
ConcernedLandlord · 10/03/2021 19:25

I have decided, once she tells me her 'result' (I don't believe her)I can't really do anything until she has her result or refuses to send me proof of such.

At the moment she has a valid reason albeit a likely non-truthful one. I'll find out how long it usually takes when done from the government website. Once that is in, I then can set a date for the work to be done, hopefully within the time limit.

If she has to isolate for a further 14 days due to being positive (and she's proved it to me) I will be just in time probably depending on the time turnaround for her results. But at least I'll be able to prove that I've tried if it comes to that.

IF she doesn't let us in (because I will give her notice and I will attend with the tradesperson) then that's another kettle of fish altogether :(

I really think I'd be causing myself more of an issue to do anything before then when at the moment, she does Hmm have to isolate so I can't do anything about going or about her cancelling. Ugh. Thanks again all.

She still hasn't responded to my messages. And I have checked her tenancy agreement and she is in breach of contract for not letting people in to carry out work.

OP posts:
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