Issuing Gas Safety Certificate & requirements

[Mikefromlondon]

I cannot get her out now, as I offered her a choice that if she leaves quietly in a month or two, then I will wave all her arrears (just over 2 grand) and she would owe me nothing, but her deposit will be kept.

She said No, she likes the place and has friends around, and will not leave now, and if I did serve her notice to leave she will defend it against the fact that I did not provide her with space heating!

( despite having provided her with temporary electric fan heating and offered her 150 pounds towards electricity bills per month only for the winter months) but she would deny this as I am not actually paying her as such but knocked her rent down from 750pcm to 600pcm.

So a court may not grant me a reprocession order, instead might even find me guilty of breaking the housing act 1985, or charge me for harassment! The courts may even order any rent she has paid during the period the heating was out to be repaid to her! I am completley stuck from sides)

My idea was if she totally vacates the place then it would be much more easier to remove the asbestos, without any liability issues arrising and gut out the old WAU, and much more easier for the RGI to lay pipes under floor boards, through the existing wau cupboard, and hang rads and install a new boiler in the utility room, and finally throughly vaccum the whole place, possibly replace old carpets with new, but whilst she is still there, I cannot see any prospects of installing a new heating,

My mate who is a RGI, is not a WAU qualified so I can't use him, even though he could really have helped me in this situation if it was not a Warm air heating!

 

[SimonH2]

You are so so wrong, have you actually taken advice from someone who knows the law rather than your obviously useless and clueless agent ?

The tenant is in breach of the tenancy agreement - assuming it's even close to "acceptable". By failing to inform you of a defect (in the heating), they are in breach. By failing to allow access (eg not answering calls/letters to make an appointment for legally required checks) they are in breach.

By their omissions, they have contributed to the lack of heating. You have made arrangements (electric heaters and discount off the rent) to keep them warm - so you have made reasonable efforts. They have been unreasonable in unduly restricting your ability to sort out problems.

So yes, you can serve a section 21. If they fight it they will almost certainly lose - the place is clearly habitable, and they consider it to be, otherwise why won't they leave ? You can demonstrate that yes you have given them an allowance towards the electric costs - why else would you reduce the rent just after discovering the heating is broke.

As I see it, you can serve a section 21 and have them out in 2 months - if they fight it, another month or two probably. You can serve them a section (IIRC) 8 right now because they have arrears of more than 2 months. You can serve them another notice on the grounds that they failed to report problems (in breach of the tenancy agreement) and are not co-operating with you making repairs (in breach of the tenancy agreement). Just serve the lot and one of them will stick.

Considering the amounts involved, membership of one of the associations I mentioned earlier would seem like a bargain. Then you'll get access to factual knowledge, rather than "facts that make the agents life easier" which is what it looks like you are getting now.

Oh yes, if they had the gas disconnected, don't forget to include the reconnection charge you'll have to pay when working out how much they owe you.


And from the sound of it, you need to be telling that agent to take a long walk along a short pier.

 

[Mikefromlondon]

You are right! I should have shown no compassion towards her, when she failed to pay rent on time and by March she was 3 months behind, that is when the lettings agent phoned me for my go ahead to serve her a notice, which I overruled on compassionate grounds.

I should have just let them get on with it. But if I had also known that she failed to report a serious breakdown with my heating, I might have made a different choice.

I will speak to my agent to seek his opinion, and suggest them what you have just said here, and I will most likely join one of these housing associations, sooner than later.

thanks for evrey bit of advice, really appreciate it all.

 

[SimonH2]

You'd have to check, but I assume that you could withdraw a notice should things improve. If the tenants really want to stay, then once they get a section 21 notice they will have to be accommodating to your needs as a landlord.

In other words, they'll either start answering your phone calls and co-operate with you over getting the heating repaired (and negotiate something mutually acceptable over future rent and current arrears), or they'll be leaving after 2 months (less with a section.

I understand your position. The last tenants in my flat were the worst I've had (been a landlord for 9 years). They were late with the rent many times, but generally paid it all eventually - I let that go as I realise it's hard for young couples in low end jobs. Eventually they got housing benefit, and after that they started paying in full, on a regular date, but about 2 weeks late. I could live with that.
But, they also made the place damp and mouldy - and then complained to the council*. I had complaints from the neighbours about their parking. And the final straw was when they tried to scam £400 off a neighbour for alleged damage to their van.
I have to admit, after I gave them notice I was a bit nervous. I wondered if they might cause damage out of spite (they didn't), or if they might refuse to leave until evicted (as then they'd be homeless and the council would be forced to house them)**. In the end they left without trouble.

* I reckon they were angling for "it's unfit, we shouldn't be paying rent"

** They've have hated that, the council housing is in a "less nice" part of town, and they'd have had to park the van on the street. To say the guy "liked that van" would be an understatement !