Hi,
Please may I ask for some advice, and apologise for the length of the question but background is needed.
Homeless Centre contacted me 18th October 2022 to house a single middle-aged lady who appeared to be no problem. She had allegedly returned from a divorce overseas, had no money and had fallen on hard times.
Foolishly, heart ruled head and I gave her a 6 month AST in a ground floor flat, with another middle aged couple above from 20th October, in a newly decorated and carpeted flat.
The gas safety cert was due to be renewed on 8th December 2021.
From the first day of her tenancy, she was problematic and tried to con me out of £50, alleging her flat had been broken in to, but if I gave her £50, she would not tell the police.
She immediately ripped wallpaper off the newly decorated flat and cut holes in the new carpet to paint the floorboards underneath. Walls remain without paper.
Screaming, shouting abusive to the tenants upstairs and other neighbours at all times of day or night, as well as causing issues in shops.
I tried to work with her but established that she was well known to the Council’s Housing Department and had severe behavioural issues and aggressive tendencies.
Police were attending flat regularly and tenants above are terrified of her.
In the meantime, our gas engineer, tried to make contact with her for the gas safety check, but she did not respond despite all his efforts.
In the meantime, she secured a tenancy with another landlord who allowed her to stay temporarily for 2 days in one of his flats, until it was ready (with her brother) but as he had not given her a tenancy, refused to give her a tenancy because within 2 days, she had caused havoc, allegedly tried to stab 3 people with a syringe and stabbed one: none of whom would speak to police.
She threw the keys to our flat in the docks and cannot get back in.
She is now banned, even from the Homeless Centre having become aggressive and homophobic in there.
Her S21 date. issued 20th February 2022, is 21st April before I can apply to court and the council state that she must be allowed back into our flat (despite safety issues) because she has a tenancy until that date.
Worse, they state the S21 may be invalid because there was no Gas Cert in place at the date the S21 was issued.
To make matters worse, without permission, she changed the lock on her flat and the council has said that either we replace it with a new one (and they will pay) or they will get a locksmith.
I am disappointed that we are being forced to re-accommodate the tenant, given the fear of violence and the safety and wellbeing of residents upstairs and have today issued a S8 notice on the grounds of behavioural problems and damage etc.
However, since moving in, in October, she has not put any money on gas or electricity meters and has lived without heating or lighting throughout winter and does not have money to clear the debt on meters.
There is therefore no gas in the property.
Under these circumstances: -
1. Is a certificate necessary?
2. Would a failure to have one, even though tenant would not allow access and there is no gas in property, require a judge to dismiss the S21?
Any thoughts, help or advice would be appreciated…..and yes, lesson learnt!
Thanks
Ray
