I served a S8 on my tenant after she head ceased to pay rent for four months and I had an offer to buy my cottage, so felt now was the time to sell. She started alleging many problems, including all the electrics being dangerous, mould and damp, lack of adequate heating….etc etc.On her request we had 3 EHO visits, all stating the house was dry and habitable.All the electrics were checked by electrician. She alleged the deposit wasn’t protected. (it was). Everything that had previously been fine went very sour and she refused to communicate or allow access. She moved out, but her son stayed at weekends.
I sought legal help through my insurer, who fortunately covered this.
Because she has counterclaimed, (disrepair and harassment), it has now, after three hearings, gone to trial. This has been going on for over a year. On the judges orders tenant paid rent again for six months, but has now stopped , other than the odd £50 every few months. She hasn’t been living there for almost a year and the place looks derelict and I’ve been told I cant go in or do anything. Of course it’s now had two winters without heating or ventilation so when we had an “independent” survey done at the courts request, they said it was damp and there was mould. It’s an old stone cottage. It’s been empty for a long time.
Photos show plaster picked off wall in a pile on the carpet and the surveyor said “ crumbling plaster".
The trial was set for tomorrow but we have heard this morning that it is delayed for up to 4 months,due to no suitable judge being available.
I heard that the trial will be in the next four months.
The solicitor says that if we don’t gain possession then we could serve a S8 on the grounds we wish to sell but my buyer is long gone, and I may not want to sell at his point. Do I have a choice?
I’m posting this as a warning, source of info and maybe a discussion or advice provoker.
The tenancy won’t necessarily have ended just because she’s not living there and if not, the Son would therefore be her guest.
Ann5, If you have evidence that she is living elsewhere, you could try serving a common law Notice to Quit. If she doesn’t re-occupy the property before the notice expires, the tenancy should end. You should get proper legal advice on the process.
@Ann5 just to add, there are tracing agents who folk here on these fora have mentioned who use various databases social media etc to establish where someone is- could be useful as evidence
Initially I served a s21 but was told by solicitor that was wrong as I didn’t have a gas cert until after she moved in. The only gas is the LPG hob of the cooker, and I let her move in quickly as she begged to be in by Christmas and it was lockdown, so stupidly overlooked it. Apparently any small glitch in the paperwork prevents the section 21.
So served S8, which apparently grinds to a halt the minute someone counter claims
Should probably have seen that coming too…
I think the reason for the odd bits of money coming in , and son visiting , is to keep the tenancy and make it hard to prove its ended. I know she’s not there as I live opposite, but I’m not allowed to even look in the windows as apparently that could be seen as harassment. In the past she has had cameras trained on the windows and recorded or her conversations with me covertly.
The other catch 22 is that for insurance purposes the property has to remain occupied. And if someone is there occasionally it is covered. As I am using insurance cover for the legal claim I have to be careful.