UK Landlord Forum / Life

I bought a house in 2007 for my sister to rent from me. We (probably) has an AST document initially as mybsister claimed rent via benefit. Although there has been a couple of required rent increases, there has not been any additional.AST issued since then. I am in a position where I need to sell the property. 3 months ago I sent a section 21 notice giving termination date of 8th May. It wa say this point that I had a good look around the house and let's just say the state of repair  is dreadful with a whole interior and exterior redecorate required and a number of internal repairs needed...but nothing major structural. She has however made no attempt to arrange to move out prior to Monday best so assume she is just going to day put. She has gone to local council as she will be effectively homeless with young children (I am not heartless but with repairs costing c. £5k I can't let this continue! The local council (my sister is trying to get a council house) seemed to be playing card that I have to issue epc, gas and elec certificate (I am not a commercial.landlord so wasn't aware of my obligation - getting sorted now). No deposit taken and pays rent in arrears,but on time. What can I do when she doesn't move out on Monday as need to get workmen in!!!!
Any guidance would be great. In my mind if the council want to say the current section 21 is not valid because the tenancy is not valid due to missing documentation, then does shenhave a legal right to stay? What do I do about this without having to resort to solicitors etc...difficult enough with being family!!!!

If the section 21 notice isn't valid it has no effect at all, so she has the perfect right to stay it expires.
Even a valid section 21 notice doesn't mean the tenant has to move out when it expires, and the council will not help your sister if she moves out before you go to court to enforce it and get an actual possession order.

If there wasn't a Gas Safety Certificate in place when the tenancy began, it may not be possible to serve a valid section 21 notice at all.

You should probably hope that the council don't report the issue to the DWP, because, even if it wasn't the intent, this looks very much like a "contrived tenancy".

The comment about not being a commercial landlord makes no sense at all.You are the same as most of us on this forum,a private landlord who has made a profit on an investment. Is it the case that there has been no gas safety check for 16 years for a house with young children?After so many years any property would need new decor and carpets.amd 5k does not sound much after years of neglect.Did she report these faults to you? It sounds like she could have you over a barrel legally if she so chooses.