Surely I’m not expected legally to have this tenant in my property forevermore??

[Saywhetw]

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

What info dod you not provide?

Have you done the electric checks and yearly gas safety checks now?

Have you at least put their deposit in the scheme?

Thats not correct at all, shd it go to court, the judge can easily disregard the s21 because of the LL's oversights.

In the tenants situation, i'd be going to the council and making sure the LL is prosecuted.

Gas and Electrical safety is paramount & there is the opt of prison for LLs

But don’t all tenancies go on to rolling monthly tenancies now?

Doesn’t perform basic safety tasks as a landlord and now upset as it’s bitten you on the arse. Previous poster is correct, landlords like you are the very reason why tenants rights have improved significantly over the past few years. Rightly so.

The Byrne vs Harwood-Delgado has certainly seriously changed circumstances. However, Google says: As a County Court decision, it is not a binding precedent on other courts. However, it is considered influential and can be used by tenants to support their arguments against a Section 21 notice.

so all you can do OP is remediate all your failures, propose a financial reward, repent and hope the judge takes pity on you.

The OP failing in her duty to do the basic checks is unacceptable and should, of course, have consequences, but it shouldn’t mean she can’t ask the tenant to move out because she wants to sell the property. Ffs 🙄

For what?! Illegal eviction, which is a criminal offence! A landlord could be arrested and prosecuted for doing this, alternatively sued for large amounts of damages in the civil court.

Gosh I hope the safety checks have been done by now.

Well yes they do if neither party serves notice

I think you can go to prison?

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

This its why so many landlords are getting out, it's only getting more difficult to get your property back. You could try a bribe, I'll give you £xxx k to leave by such a date.

We don’t know anything about this poster’s situation. @Saywhetw seek legal advice and hopefully there is something you can do. I hope you manage to rectify it.

I have had good and bad landlords. I wouldn’t wish ill will on any of them.

What a good idea 🙄🙄

You mean neglecting their duties as an LL, putting the tenants life at risk?

How easy do you want it to be for landlords?

That's not a bribe, that's compensation.

Not exactly related but following on from a thread recently about landlords and tax free incomes, do you declare your income on a tax return?!

Yes of course I've had to rent. An alternative to social housing is not letting landlords do whatever the fuck they want. Two wrongs blah blah blah.

Why not? Why shd the LL have it all their own way?

Btw i rent one property inherited with tenant in situ, i ve given them a life interest as per my Mums wish to me, i take the safety of the tenant and her family v seriously.

Labour ministers are allowed oversights about renting properties, why not ordinary people?

@Saywhetw have you had all the correct stuff done now and copies given to the tenant? If so you could try an S21 and risk it going to court.

Your other options:

1. Sell to a landlord with tenant in situe.
2. Bribe the tenant to leave. A friend of mine was in a similar ish situation so offered their tenant £2k if they moved out within 2 months but the offer was off the table if they didn't. They accepted and moved.

Not on safety they are not, what a ridiculous and pointless comment.

The problem is - nobody will help you if you try to be a decent person and just leave a house when asked. Councils literally force you to take your landlords to court to evict you before they will consider helping you. This is where the issues stem from. I am a good tenant, I pay rent on time, I keep the house clean, tidy & freshen up decor etc. But I would love my landlords to evict me, I've had multiple issues including sewage issues, mice, damp, mould. Genuinely loads and loads, and although they do always fix it in the end its always just waiting for the next thing to happen. But I can't afford to rent anything else, and my landlords do try their best, but it's not easy to just 'move on' for tenants. I also think the government are absolutely at fault & if a tenant doesn't abide by the contract/damages the property/doesn't pay rent/is a nuisance they should be able to be evicted far more easily.

As others have said, you need legal advice. Failure to undertake gas checks is serious stuff: the eviction isn’t going to happen quickly or cheaply either way. Likely thr tenant needs eviction in order to be considered eligible for housing assistance.

As they say no good deed goes unpunished, you let a property to someone and now they own you. No wonder rental property is scarce and expensive.