Ending Tenancy

[Tomboy]

My tenant is due to move out in approx two months. I've served the Section 21 on time which has not been acknowledged by him.

In  the weeks leading up to this he has cut off all communication with me, ignoring my emails, notices under the door requesting a visit to deal with maintenance issues and more recently ignoring a further notice + three emails requesting access for the gas safety inspection which is overdue. I put a further notice under his door advising I would be visiting with the inspector at a given time to carry out this work and despite security informing us he was in the flat, he refused to answer the door despite our loud banging! On this visit I noted the door bell had been broken. Two days later security then advised they saw a contractor visit the flat who by all accounts could be a gas inspector he has employed. 

Firstly, can he just decide to take it upon himself to arrange his own GSI . Secondly, he is now behind on the rent. Either he is planning to stick it out and make me apply to the courts for repossession or take the view the rent will come out of the deposit. I don't want the later as he already owes me for work carried out in relation to damage in the flat.

As he is behind on the rent am I correct in that I cannot apply for an accelerated repossession now? Oh, and his a lawyer with a big city firm and no doubt will be well informed about his options.  I heard he has a flat nearby which is being worked on so I am surmising the project is delayed so he fancies staying where he is in the interim.  

 

 

[Richlist]

Hmmmm bit of a mess isn't it ?

My advice for the future is always take either rent guarantee insurance or a home owning guarantor. That way you should be able to significantly limit your losses for little or no effort.

Good luck.

[Grampa]

A bit more info is require to advise correctly such as:

1. Is there a  written tenancy agreement in place?

2. Is the property in England or Wales?

3. Has the deposit been protected corrected within the correct timescales and the Prescribed info  given to the tenant?

4. When did the tenancy start and what are the fixed term dates on the tenancy?

5. When, how and what version of the S21 was served?

6. Is the rent paid monthly and how much is it?

7 What is the current arrears status?

8. Was there a current valid gas cert in place when the tenancy was originally let?

9. Is there a valid EPC in place for the property and has the tenant been given a copy?

10. Has the  tenant been given the latest version of the governments"How to rent" info sheet?

 

 

[Carryon Regardless]

Some of Grampa's points are only relevant if he became a T after Oct 2015.

Clearly here what is very important is to follow the process defined as lawful by legislation, and record your actions.

A letter to the T, sent by record of dispatch and not signed for on delivery, detailing the situation is of value. As a lawyer when he sees that you are acting as required and not stepping into the world of ambiguity that lawyers enjoy he will likely play ball. His reputation is important to him 'if he really is a lawyer'.

Research, not sure how, his status as a lawyer.

Try to find where his other flat is.

It's his choice to inspect anything but the gas cert that he 'may' hold is of no value to you. In writing you need to ask for him to state when he will make access possible for your engineer to visit.

Send him a printed sheet that he might wish to fill out giving accurate detail of works as may be required, to head off a claim of disrepair.

[Melboy]

It is highly unusual for a professional person such as a solicitor/lawyer or accountant to act this way as a Court CCJ will not look good on their CV and it is my experience that professionals will avoid this legal action at all costs.

He may well employ an independent gas engineer for a gas safety certificate but the rules apply to him also that he must give you a copy of the landlords gas certificate.  It is the landlord that must show the current certificate if requested to do so by any authority.

[Mortitia]

Agree with the others.  Check him out on Linkdin and other search sites.  It always amuses me how some idiots can't help but promote themselves all over the net so it makes them easy to suss.

Yes, I can guarantee he will make you go through the court process.  What maintenance issues are there?  These could prevent you getting a Section 8 possession.

[BryanRDickens]

What is the current situation? Is the issue resolved? The same situation happened to be with my friend. He then decided to consult a lawyer and take their help. Lawyers are intelligent enough to find some clue. If you find yourself in this awful situation, it's important to make sure finding a good real estate lawyer, which is as stress-free as possible. Using these details will lead you to someone you can trust, without the risk of being taken advantage of.

[Melboy]

2 hours ago, BryanRDickens said:

What is the current situation? Is the issue resolved? The same situation happened to be with my friend. He then decided to consult a lawyer and take their help. Lawyers are intelligent enough to find some clue. If you find yourself in this awful situation, it's important to make sure finding a good real estate lawyer, which is as stress-free as possible. Using these details will lead you to someone you can trust, without the risk of being taken advantage of.

I always thought Lawyer's don't like tasking on other Lawyer's through the Courts?   or is that not correct.