Tenants in breach and need to vacate for full rewire?

1. Make sure you are fully compliant with everything first. Gas certs/deposit protected etc. If this happens to go down the legal route make sure you are covered as a judge can throw anything out on a whim if they get a sniff that you have done every single thing you should have.
2. If they are in total breach of AST then you have grounds to issue a S8. If you have insurance cover that has legal advice - call and ask for guidance.
3,. It may be wise to issue them with a formal warning first in advance of issuing a S8 to given them a heads up and time to get the uninvited people out. You can state you will be taking formal action and involving the Police also if they don't act.
Issuing a S8 will show your claws from the start (don't forget you can always retract this) - this may be enough for those not listed on the TA to leave (they may not all be legal themselves??).

Qu 1 - you can ask them to move out, but be prepared to do it properly. You may have to fund their alternative accommodation and moving costs, etc.. It's not the tenants' fault that works needs doing and, frankly it begs the question of the conditon of the electrics when they moved in if such substantial works are now needed. Yes you do need to met them back in. Permanent eviction would be unlawful and you need to read carefully.

Qu 2 - it sounds like they are breach of their AST, and may have created a HMO whihc could be a further problem for you. YOU should perhaps take good legal advice on this point.

Qu 3 - I think you just need to speak with the tenants and agree how the works can be done. Repaying the deposit is only part of the stro; you have works to do and need to bear the costs of dealing with the situation.

You have an unlawful HMO on your hands and should speak to a housing solicitor asap.

Reply to the comment left by Graham Bowcock at 23/02/2021 - 16:28
Somebody kindly pointed out some typoes (which I hate, so am very grateful). here is the (hopefully) correct version:

Qu 1 - You can ask them to move out, but be prepared to do it properly. You may have to fund their alternative accommodation and moving costs, etc.. It's not the tenants' fault that works needs doing and, frankly it begs the question of the conditon of the electrics when they moved in if such substantial works are now needed. Yes you do need to let them back in. Permanent eviction would be unlawful and you need to read carefully.

Qu 2 - it sounds like they are breach of their AST, and may have created a HMO which could be a further problem for you. You should perhaps take good legal advice on this point.

Qu 3 - I think you just need to speak with the tenants and agree how the works can be done. Repaying the deposit is only part of the issue; you have works to do and need to bear the costs of dealing with the situation.

Firstly, can I ask you when did the tenant move into property.
Was the property fit for human habitation then meaning that was the wiring of the property in good safety order then. If not, you have breached the Home (Fitness for Human Habitation) Act 2018. We landlords always think the only legislation that applies is just that relating to electrical installation only. No whatever that has to do with fitness for human habitation applies. Thinking has or Electrical safety certificate is just the only thing required ? No, the law is law you may have gas and electrical safety certificates and property may still fall short of it's fitness.

Reply to the comment left by OluM at 27/02/2021 - 22:22
Cramming human beings into ever more cramped spaces is increasingly unfit for human habitation but entirely legal and generates revenue for the local council.
There are two strangers crammed into a garage in my road, entirely legally. All this despite 100% objections from every property in the road and objections supported by three local councillors.