Updating post from Reddit.
Hello, I would love some advice from a seasoned landlord who has sucessfully used a section 8 notice or section 21 notice. Long story short. I have a tenant 6 years now. He is now retired and cannot afford the going rate for the property so I have not increased it.
The mortgage interest alone is more than his rent. I am now financially in a different position and would like to sell the flat. He is 3 months in arrears and has been since 2021. He never paid the deposit on the last tenancy agreement,
I was going to issue a section 8 notice and I have checked but the EPC expired 8 months ago from when I purchased the property 10 years ago. Can I still serve a section 8 ? I understand I cannot serve a section 21 with an expired EPC.
The tenant is now refusing to discuss letting a contractor in to carry out a new EPC survey. So much for trying to help someone over the years as I have paid for him to live in this property as I could afford to at the time.
As long as the EPC was valid at move in then you do not need to renew for the remainder of that tenancy. Also this rule goes for the section 8 as long as it was valid at the start then it's all good.
Yes, this, you don’t need to renew an outdated EPC until you want to either relet or sell the property.
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But the whole point is, the tenant won’t grant access! Which therefore doesn’t matter.
Get the EPC done now. Then, issue section 8. Keep proof written proof that you are requiring the work to be completed in case the tenant refuses so you can show that to the court.
From this stage, get everything in writing as your tenant is refusing to discuss the situation. Don't discuss. Tell him essential work needs to be done in writing. Tell him the date/s. If he refuses work to be done, get proof in writing from the person he refuses if possible.
Get proof of postage for notices sent to the tenant.
Wrong the EPC only had to be valid at the start of tenancy. Op has stated they tried to renew and are panicking because they can't gain access with the awkward tenant. The correct advice is continue with the s8 as this won't go against a s8 decision. Then get an EPC after the eviction as this will be needed to sell the property.
I wouldn’t dwell on the rental arrears - think of it as having a tenant for 6 years and you’ve not had to pay an agent relet fee for some of the years nor I imagine having had to do the place up in between lets.
This is a business and it looks like you were too emotionally attached - as soon as it doesnt make commercial sense you need to have an exit strategy, or in your case have put up rent to reflect market rates