improvement notice served on tenants - wondering on timeline of events to follow

Donn14

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I have damp issues in a flat - tenants are there 5 years - 3 years ago I pit an air filltration system that helped a bit tenants went on HAP just over a year ago - had an inspection by HAP back in july - I did not do any repairs - had a re-inspection couple months later - HAP condemned flat because of some issues mould etc. I am currently serving an improvement notice for tenants to move out in May, 2020 as only way to fix this is get builders in etc.

Had a recent inspection with guy who fitted air filtration system and he said there is still some penetrative damp from flat roof and some rising damp coming up walls and floor. HAP said they will cease payments in January, 2020 so my question to viewers is if the tenants fail to move out next May because they cant find another flat etc and dig their heels in how long does it take to get them out?

I have done my best over past few years spending thousands on the flat but builders are needed to do a proper job so would be interested to hear other peoples stories
 

cremeegg

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Why have HAP said that they will cease payments in Jan when you have given tenants notice to move out in May. I would challenge this with HAP, you are seeking to remedy the defects, the tenants are entitled to a certain notice period, HAP should meet this.

If HAP stop paying while the tenants are still in the property, wether that be in Jan or May, issue notice to quit for non payment of rent.

If the tenants become homeless because of failure to pay rent, they may have trouble getting HAP again, that is the one leverage I can see you have with them.

The bottom line is that if the tenants refuse to move out you are obliged to house them forever.
 

Feemar5

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Work with the tenants and get them to clarify their situation with HAP. I assume if they move to another property they will still get their HAP payment. I presume the reason you have given May as the deadline is because of notice periods. If they cannot find another property by January they should ask HAP to continue your payment until they find a property. If you have followed the notice period correctly you can go to the RTB if you have problems getting them out , or you can go to court.
 

cremeegg

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If you have followed the notice period correctly you can go to the RTB if you have problems getting them out , or you can go to court.
You can go to the RTB. You cannot go to court.

What will the RTB do ? Many things, but not including evict the tenants nor permit you to evict the tenants.
 

Leo

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What will the RTB do ? Many things, but not including evict the tenants nor permit you to evict the tenants.
Yep, it would appear they generally side with the tenant.

and some rising damp
A lot of experts suggest that rising damp doesn't really exist, and certainly not to the extent that it is diagnosed by specialists selling very expensive remedies. A council in the UK went so far as offering a reward to anyone who could prove it.
 

Donn14

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sorry for delayed response - had have damp problems for 3-4 years with this flat - air filtration system put in 3 years ago which helped some - tenants went on HAP about a year ago but only had an inspection about last july or so - main issues flagged were mould and damp issues - I did nothing had a re-inspection about 2 months later condemning flat citing damp issues etc- got guy who fitted air filtration system to look at in september - he reported back to me that while his system helped there were still issues with rising damp and penetrative damp from flat roof -I think some of the plywood is rotten as you can nearly walk throu it - I cant fix any of these problems until flat is empty but tenants will probably say I cant find another flat blah blah blah so come next january tenants will probably say we cant get rent from HAP sorry - I would nearly let them stay to may if they would definitely move out but my main question is if they are still there because they cant find other place and are not paying rent how long to get them out if I go back to prtb
 

Leo

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and penetrative damp from flat roof -I think some of the plywood is rotten as you can nearly walk throu it
If the roof is in that bad a shape it's likely a significant cause of much of the damp problems. Most people manage to replace flat roofs on their own homes without having to move out. Why do your tenants need to move out? How much of the property is covered by flat roof?

Are you aware that if your tenants do move out, you must offer them first choice when the property is let again? Also, increases in rent charged must be in line with the 4%pa limit if you are in a RPZ.
 

Donn14

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All of flat has flat roof and damp issues for 3-4 years-it’s an old one bed flat probably from 80’s with single glazed windows etc floors might need to be dug up and walls probably just have 2x1 batons with white aero board so flat has to be vacated for works -if they stop paying rent using excuse HAP stopped payments because they condemned flat because of damp issues and prtb are notified how long to get them out
 

Leo

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10,429
-if they stop paying rent using excuse HAP stopped payments because they condemned flat because of damp issues and prtb are notified how long to get them out
Months, a year, perhaps more, it's hard to say. Have the tenants acknowledged the notice yet? They can appeal its validity to the RTB, which could take 6 months or longer to adjudicate, and even where they find your notice was valid, they can still give the tenant 6 months to move on. If they refuse to move out after that time, you then need to go to court to get an order to have the Sheriff execute an eviction.
 

Donn14

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Improvement notice was served last week -there's no question of them challenging validity of it as they are the very ones that complained many times in the past and even to prtb about 2 years ago - I think they have accepted it but I got a letter from their representative that in light of the prohibition notice they want no further rent charged until all the renovation works have been completed and the tenancy resumed ! hard to believe but true. Prohibition notice was sent to me after the inspection with damp and mould flagged as the main issues and flat was condemned
 
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