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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 920
Experience:  LLB (Hons)
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I am the live out landlord of a unlicensed house with 4

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I am the live out landlord of a unlicensed house with 4 tenants who share facilities.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I need to evict one tenant who is now classed as a periodic tenant - he move in on 2nd April 2018 on a six month contract.
JA: Where is the house located?
Customer: DY53DA ie. Dudley area.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I did not provide info on gas cert etc when he moved in - didnt know I had to at the time.

Hi, I'm Lea and I have reviewed your query.

Are you supposed to be licensed as an HMO in your area?

Customer: replied 1 month ago.
No because I only have 4 tenants on a 2 storey house

I am not available to call you, but I can assist you online.

Have you issued gas certificates at all during the period of the tenancy?

Customer: replied 1 month ago.
Are you saying I must pay £44 just go a phone call?

No, you requested the phone call. I am not available to call you.

Customer: replied 1 month ago.
I can not afford your phone calls.

You can cancel your request. You can then ask customer services for a refund.

Do you want to continue with your query online?

Customer: replied 1 month ago.
Can you please answer my tenancy eviction question.

As you have not provided a gas safety certificate you cannot use a s21 to evict your tenant.

Can I clarify anything for you?

If yes, please do ask.

If not, please take the time to rate positively as that is how I am credited for answering your query.

SASH_Law and other Property Law Specialists are ready to help you

Would you like to know what notice to use to evict instead of a s21?

Customer: replied 1 month ago.
I repeat I DID NOT request a phone call. I was called in spite of telling you this and I told the caller this and cut the call. I am extremely annoyed by the way the way this service was conducted - I thought I was safe with the Which brand.
Please refund any money’s taken from my account.

Unfortunately you requested the phone call. I told you that you could cancel your request and ask customer services for a refund. I am not in control of the phone calls, nor who picks them up.

You can contact customer services here (0808(###) ###-#### as you had clearly said you did not want the call you requested and have received the response you wanted online. I am sure they will be happy to assist you with this.

All the best.

Customer: replied 1 month ago.
What are the alternatives if I can’t use s21

You can use a section 8 notice - some of the grounds available (1-8) are mandatory grounds, which mean that if you apply and the court agrees, then the court has to award possession. The remaining grounds are discretionary, which means the court does not have to grant you possession, but can do if it thinks the ground is met. You might want to see a solicitor to draw up the notice for you so that you can discuss the most suitable ground to claim under.

All the best.

Customer: replied 28 days ago.
Using section 8 likely to be risky and arduous. Can I start a new section 21 or is there any other way?

You can't use a s21 as you didn't provide the right documentation at the start of the tenancy.

Customer: replied 28 days ago.
I can’t use section 8 because he’s not broken the terms of agreement. Can I start a new 6 month tenancy otherwise I’m stuck with him for life- surely that can’t be right!

You can use a s8, you just have to find one of the 17 grounds which suits best.

Customer: replied 28 days ago.
That’s no use - he is a perfect tenant - I just need my house back so what’s wrong with starting a corrected 6 month tenancy.
P
Customer: replied 27 days ago.
Please answer my Q
Customer: replied 27 days ago.
why don’t you answer my question ?

You can create a new tenancy - unfortunately it won't change the status quo regarding your initial failure to provide a GS.

All the best.

Customer: replied 27 days ago.
Are you saying that I cannot ever get an eviction order?

No, I told you what you needed to do above, but you claimed it was 'no use'. Since I can only tell you what you can do legally, and I have done so, there is nothing further I can add.