UK Landlord Forum / Life

Hello all.

I find myself in a situation where I sadly need to evict a long term tenant (10 years in December) due to needing to move back into the property. I'm not a career landlord, my late wife rented the property after relocating for work and it's really not been a priority for me until now. I've accepted a new job and need to move back in.

The tenant is funded by the council/housing association (although it seems that they pay her and she pays me if that makes sense?) and at the time she moved in was unable to afford a deposit, my late wife decided that she could move in without a deposit, not my choice but paid off fine, the tenant has been as good as gold, other than the odd late payment and a call here and there about things that needed repairing (which I have always done).

I gave the tenant a section 21 notice two weeks ago and spoke with her to say that I really need her to vacate the property ASAP, I understand her statutory rights allow her 8 weeks notice but given that she pays was less than market rate for the place, that I'd be really appreciative if she was out within 4-6 weeks. That's all fine, she understands the urgency and was fine with it, she has seen properties that she is happy to move to but she needs financial assistance from the council in order to gather enough deposit, first months rent etc for the new place.

The council have told her that they will help her financially but will not entertain that at this point because I had not given her an EPC for the property (there was one but it expired in April this year and the tenant did not have a copy AFAIK). They have told her that I will have to re-issue the section 21 and that I cannot do that until 8 weeks after I have provided an EPC which totally screws us both really.

Looking around, I see conflicting information on this and have no doubt the council will try to pull whatever is necessary to delay making any financial contribution. Am I correct in thinking that in this case, the council are talking nonsense? Some sites seem to indicate that this would be true but only if the tenancy began on or after October 1st 2015.

Any guidance greatly appreciated

Tez

Hmm... the biggest problem you have is not actually whether you're in the right or in the wrong. You can try to batter the Council down about subtleties of the law - what you are required to do in terms of having a current EPC etc. - for as long as you want... the real issue is that the Tenant is reliant on Council assistance for making any moves and they simply aren't going to move heaven-and-earth to try and satisfy your urgencies.

Likewise, be prepared - as the Council (any Council) would usually advise a Tenant to wait until you've gone through the entire eviction process - serving Section 21 correctly, allowing it to expire, applying to Court for a Possession Order, eventually engaging Bailiffs etc. - before they would step in to help - now, I accept that usually means in terms of them providing alternative accommodation themselves... but you see where this is going, right?

The Council has absolutely zero interest in helping you out. The EPC angle they're trying right now is just a pretty effective objection they're sending your way to avoid doing anything, now, to assist the Tenant... as you say "pull whatever is necessary"...

Consider this...

If the issue is truly only the ability to pull together a Deposit... and the Council is the gatekeeper, then try to remove them from the equation... you do that via inventive means, like a loan to the Tenant (on favourable terms, of course - they're not the problem here, just the 'victim') or even a donation. This is what we call pragmatic... because, yes, you can bang your head against the Council wall for as long as you like, and you might get the result you want... but it will cost you, in effort, in time, in sanity.

Does it sound fair? Not really. But you aren't within your rights to expect the Tenant (of 10 years) to be up and out within your "4-6 weeks"... no-one, no law, gives you the right to expect - or certainly demand - that.

The council can use various tactics of course,but I don't think you have actually broken any laws if you gave an EPC when the tenancy started.If you were reletting you would have to get a new one.I usually do not agree with giving cash incentives to tenants to move,but if  you really must get back in  urgently it could be worth it.I don't think calling it a loan would work,you would have little chance of getting it repaid.Would waiving the rent for the remainder of the notice help,or just make matters worse?

The EPC angle is Kafka-esque only. A Council tactic that I'm sure the drones there share amongst themselves to help hinder things as much as they can. Sometimes you can fight it and win... but I bet it will take time that the OP doesn't seem to have. Even to-and-fro communication via email can take days and days with Council droids. By the time it's resolved to the OP's satisfaction the properties the Tenant wanted will probably have gone with the wind and it'll be like a big RESET button's been pressed.

I actually encountered a real live human,capable of independent thought,working at our council tax office.With 2 voids at the same time,I was expected to pay a lump sum upfront,with the promise of a refund when they were let.I complained that I had been allowed in the past to pay all outstanding tax when new tenants moved in.I had a very friendly reply,giving me two months grace,after which monthly payments would start, if still vacant.When I paid up to date,I had a nice thank you from the same man,using his first name .I expect they will have sacked and blacklisted him as a result.

He certainly won't have gotten a bonus that year.

I just hope the droids didn't hunt him down and kill him.

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