Our tenants have not paid rent for 5 months. They were given notice this month. This of course means they have 6 months due to the current circumstances.
The EICR is showing that £2000 of works need to be done.
We cannot afford this. We have been massively affected financially by the pandemic. What can we do?
Speak to the council. They may have grants that you can use.
You are legally obliged to do this but see what they say as they are the ones that will penalise you. You will not be able to serve a section 21 if you do not have an EICR
Thanks for the advice.
They have already been served the section 21.
Up until this week they were refusing entry to the property for the report.
You need to speak to the council and take legal advice.
This is their excuse not to be evicted.
Get everything documented with the council. They can serve a prohibition order to gain access and works
Bear in mind your section 21 may not be valid as they do not have a valid 18th edition EICR
Not having an EICR doesn’t affect a s21 notice. Its one of the few things that doesn’t. However, the s21 notice can’t be used to speed up a claim when the tenant is in 6 months arrears. Only a s8 ground 8 notice can be used for that.
You only have to meet the 6 month rent owed requirement at the point you serve the s8g8, 10, 11 notice. Once it gets to court, the threshold is only 2 months rent owed, so even if the judge offsets the disrepair costs, its unlikely that it would push the arrears that low unless the rent is very cheap.