SECTION 8 – CONSEQUENCES IF YOU FAIL TO ABIDE BY THE RULES
It is essential to act responsibly as a landlord, comply with your statutory obligations and your obligations under the tenancy agreement, take advice from a professional body or a solicitor when in doubt.
If you fail to abide by the rules, there will be consequences for the tenant. And there may be consequences for you:
You can’t use a section 21 notice to obtain possession from the tenant if you:
1 – Fail to provide the tenant with copies of the EPC, gas safety certificate and How to Rent guide.
2 – Fail to deal with the tenant’s deposit correctly.
3 – Charge fees that are not permitted under the Tenant Fees Act 2019.
You may have to pay up to three times the amount of the deposit if you don’t place it in a government-approved scheme
You may face enforcement action by the local authority if your property is not kept free from hazards and not be able to issue a section 21 notice for 6 months
Your tenant may bring proceedings against you if satisfactory repairs are not carried out, which could result in you having to pay compensation, a fine as well as doing the works.
You could face criminal prosecution by evicting a tenant without using the correct process, and the tenant can bring a claim in court for reinstatement and compensation.
The local authority could apply for an order requiring you to repay rent you have received if you are guilty of matters such as unlawful eviction or failure to comply with statutory notices
A local authority could apply for an order banning you from letting out properties in the area if you have been convicted of certain offences.
Landlords who are convicted of banning order offences can be included on the national database of ‘Rogue Landlords’
Obtaining Possession From A Tenant
If you want a tenant to leave your property, you must follow strict procedures.
If you do not, you may be guilty of illegally evicting or harassing your tenant.
Before taking steps to recover possession of your property, you should consider discussing any underlying problems with your tenant either directly or through a mediation service and try to resolve them without taking court action.
This could save you time and money.
