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

oh come on now. That is really pathetic. Try harder.

Yes they really should...

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 ?

Hmm what's the good deed here?
Letting out a potentially dangerous house to a tenant & them paying you money? I agree landlords should be able to evict more easily but lets not pretend they are all saints and being oh so charitable to the needy and homeless - they are doing it for the money.

You do get that the LL / OP is massively in the wrong here, don’t you? They’ve not completed legally imposed checks, not issued government mandated paperwork. They could be sued for thousands by the tenant. They are not ‘owned’ by their tenant, they have massively reneged on their legally binding contract.

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

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.

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.

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

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.

https://www.evicthem.co.uk/
He's nice and will talk you through things.

@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

@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)

I would hire an eviction specialist such as Mark Dawson.

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.

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.

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

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

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

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.

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?

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.

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

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

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?