UK Landlord Forum / Life

My wife and I rented our house out in the Midlands on a 12 month short term contract in December 2019, we rented a property in Devon with the intention of spending a year getting to know the area and deciding if we wanted to move there permanently.
Unfortunately Covid arrived and in April we had two deaths in the family, one being my wife. I wanted to return to the property in the Midlands as soon as possible, there was no break clause in the contract which was managed by a letting agent. The agents informed the tenants about what had happened and that I would be taking possession at the end of the contract. They were also told that if they found somewhere early and wanted to go I would assist them financially to do this.
I had no reply to this and eventually served them a section 21 for them to leave at the end of November 2020
Four weeks before the leaving date  they told the agent that they weren't leaving because  they'd been unable to find somewhere else due to Covid restrictions and that the husband had had to go onto universal credit.
I was advised that the section 21 would have expired by the time it got to court so I would have to reserve it, which now requires 6 months notice, this gives the tenants until the 24th April 2021 to move out
They are paying some rent but are still £3000 in areas
I've just been informed by the letting agent that by the 1st April I will need  an Electrical Installation Condition Report costing £180 I am reluctant to have this done as I intend to move back into the property
As the tenants are still in the property, am I still required to carry out repairs etc even if they are
there without permission in my eyes
To make things even better I have to leave my rented house in Devon by the end of March leaving me essentially homeless
Any advice would be welcome.

Dave

Hi Dave,

Really sorry about everything that has happened. There will be others here who can advise you much better than I can.

My understanding is evictions are very difficult at this time.  I have heard of people handing in Section 8 notices at the same time as a Section 21 but others here or legal advice should be able to clarify this much easier for you.  Even on the expiry of the Section 8 I believe the next stage is court procedures and these are massively backed up. If your tenant doesn't move out then this could be a long case.

My initial reaction is to go ahead with the EICR.  If you hand in a section 8 and it comes up you don't have the right certificates for a rental this can hurt your case.

Once again, I am no expert so please listen to others before myself.

Thanks for the reply
My suspicion is that they will leave before the section 21 date and they will have to chase them for the arrears
I have landlords insurance which should cover me for the arrears and court fees if it comes to that.
Unfortunately I have to agree with you, My first instinct was not to pay for the survey but i've tried to do everything right up to this point and I don't want to give them any loopholes if it does go to court.

Dave

I am so sorry for you Dave.You are still responsible for necessary repairs and legal requirements while they still reside there.If you ever decide to sell up,you would need the EICR anyway I think,and they are valid for 5 years.If you can't get a periodic arrangement at your current place,maybe a holiday let might fit the bill? Good luck.

Remember that - current arrears aside - the Tenants will likely have entered into the tenancy in good faith also... and losing your job and having limitations or restrictions about moving house (and finding new work) due to Covid is an entirely realistic position for someone to find themselves in... and they're not going to just turf themselves out into the snow if they can use whatever means to keep a roof over their head, are they? The truth hurts, but it is the truth. As for all the repairs and new certificates - they're a must, don't duck on any responsibilities. Don't let anything that happens here affect you personally. You cannot. Must not. You've made the mistake many toe-in-the-water Landlords make - wanting your old home back - do not be worried about that, we've seen it loads of times. Make assumptions for worst case right now... start looking for a place for yourself, renting, airBnB, friends... whatever you have. Don't assume things will work out - they may, but prepare yourself in the meantime. Don't escalate the situation and go off the deep-end under any circumstances. When you finally do get it back - and you will - don't be freaked-out if it's not as you remember... unless you usually did leave faeces slathered on the walls etc.. One assumes not... otherwise how could it have been attractive to let out? It is how you may get it back.

I know someone who has rented a lodge type thing on the Broads... it's quite a steal he's got, with the current climate... maybe something like that to tide you over?

Thanks everyone for the advice. You've confirmed pretty much what I'd suspected  including the truthful bits.
I could have dug my heels in and carried on renting down here but I've decided to move in March, furniture into storage and either stay with my father in law or if Covid rules allow go travelling in the motorhome.