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Looking to evict tenant at the end of 1 year lease

Started by stuart1973, February 17, 2018, 09:53:48 AM

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stuart1973

My friend has is renting a flat out this is his first year doing this he has decided he  would like to end the tenancy for his currant tenant at the end of the 1 year lease(6 months from now)as he has had a bad time with the tenant,he has recently realised that he was supposed to give the tenant a pack of information at the start of the lease,gas certificate,how to rent leaflet and an energy performance certificate,he has only just recieved the energy performance certificate so wouldn't have had that to give at the start of the lease anyway.
He is going to give the tenant the pack but it's 6 months past the start of the lease,he is very worried that handing the pack over so late will mean that he can't evict at the end of the lease 6 months from now and  he read that the judge would throw it out of court and the tenant would be able to stay there for life as long as he was paying the rent.
There is 6 months left to run on the lease,can anyone say if he is trouble for only handing those certificates over now?

heavykarma

I think this would compromise his chances of being able to evict for sure.He can't issue 21,so he must also have valid grounds and evidence to issue section 8.The most important thing though-did he put the deposit in protection within 30 days of the lease signing? To say the tenant could remain for life is nonsense,a lease is still a lease.Is there a break clause?

Riptide

Wow, gas safety certificate is the most basic of landlording basics. 

Epc, how to rent booklet and GSC need to be issued prior to a section 21 being issued.  Section 21 can't be given for another 4 months.

With not knowing about these most basic of things, if your 'friend' took a deposit I bet he hasn't handled that correctly and has opened himself up for a penalty of up to 3x the deposit amount.

How can people go into a business without reading even one "how to" guide?  Buy house, put a punter in, collect money, get rich....er no.  Thankfully legislation exists to protect tenants against clueless and unscrupulous landlords.

stuart1973

He was a week late putting the deposit in to the protection scheme

stuart1973

Quote from: stuart1973 on February 17, 2018, 10:16:00 AM
He was a week late putting the deposit in to the protection scheme
Does it matter if those booklets haven't been handed to the tenant at the very start of the lease?The tenant still has 6 months to run of the 12 month lease

Riptide

Quote from: stuart1973 on February 17, 2018, 10:16:00 AM
He was a week late putting the deposit in to the protection scheme

Opened himself right up for a 3x penalty I'm guessing he didn't issue PI either then?  Tenant has 6 years to make a claim.

Check what does and doesn't make a valid section 21 here

https://markprichard.co.uk/documents/s21-validity-checker

Of course a section 21 could be issued, the tenant could leave on the date specified, no court and no check of its validity.

stuart1973

He put the money in a deposit protection scheme and he and the tenant then signed something,is that what you mean by P.I?

stuart1973

#7
He had only just signed for the flat and rented it out to  the tenant a friend, earlier than he was ready to do so as the friend became homeless,after the freind had moved in he then found the friend had not paid his rent at his old place and been evicted which he had kept quiet,he has been naive and has fallen short in the circumstances in being properly organised

Riptide

Quote from: stuart1973 on February 17, 2018, 10:35:12 AM
He put the money in a deposit protection scheme and he and the tenant then signed something,is that what you mean by P.I?

I don't know what he signed, could have been the back of a fag packet saying £500 deposit received.  Google Prescribed Information. It's an official document in a set format that has to be provided.

stuart1973

Yes that paperwork was provided to him when he used one of the online schemes and a copy is held by him and the tenant