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  • Buy-to-Let

    Cannot afford improvement notice works

    Hello,

    advice required, my tenants have got to environmental Health and I’ve been issued with a massive list of problems that need addressing. The issue is it’s about 45k worth of work and I cannot afford this. What can I do? Any advice more than welcome

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    Can you remortgage to raise funds? You can't evict without doing it so it needs to be done.

    ​One wonders who would rent out a house that needs £45k of work.

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    You can't evict without doing it so it needs to be done. 

    You can't use a S21 eviction, but it may be possible to use a S8G6 eviction, depending on the scale of the works. I would not expect someone to be able to live in a property requiring £45K of works to just make it habitable.

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    Where is the property?

    You could remortgage if you have enough equity in the property BUT if you already have a mortgage there are likely to be fees to exit that early so that may be counterproductive.

    I would suggest if you have let it get this far into disrepair/behind legislation you, or the Managing Agent, havent been doing a great job anyhow - with all due respect - so you have two choices here: Do the work or if you cant afford it then sell the property. It will go obviously go at BMV - which is why I asked where it was - there will be a number of investors on here that would be interested.

    There are a couple of other options like rent to rent or lease options which could be considered but these both need a clear understanding from both parties and should not be considered 'quick fixes' - they do both help someone like yourself in these positions.

    ALL of these options will depend on how long the EH have given you to complete the works required.....

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    45k worth off fixes, dam sounds like a rebuild....

    just curious what needs doing? and how long have they given you to complete this work.

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    You are going to have to do something as you will be prosecuted if you don’t do the work. Not being able to afford the work is not a defence.

    You could put the property up for sale and you would be allowed to use an s21 if you are doing this.

    I would suggest you get some advice about the works required, they may be excessive and you may be able to appeal the notice. There are powers for the local authority to do the works themselves and then recover the cost through the rent so you could discuss this with them.

    Otherwise as others have said you will need to raise finance on the property or elsewhere.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    i would get a detailed list of the work and then get alternative quotes ?

    I am keen to know what needs doing

    Practicalities and safety may mean that it is not practical to do all the work in one go and it may need scheduling.

    If this happened to me i would try to embrace it whilst challenging every aspect.

    By that i mean - understand what needs doing and in what order it can realistically be done - ie you cant redecorate if the roof is leaking ... so the roof needs doing first.

    Get some alternate quotes - get a schedule of works together and a proposed end date.

    Present that back to the council and show that you are taking it seriously - and go from there

    good luck

    disclaimer: i am not an expert - this is just how i would try to tackle it - also, if i were a tenant, it would see this as a reasonable response

    si

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    I think I would be tempted to put it on the market at £20k below market value and save myself £25k.  The tenants will have to leave and someone off this board will be happy to buy it and sort it out.

    Just out of interest, where is it?

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    What work actually needs done on many occasions they say stuff they can't make you do

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    Meet with council to discuss what is required to comply with hhse standards

    Get a surveyor to draw up schedule of works

    You may need planning permisdion and will have to issue notice of intention to do works


    You must be professional interact with council and show you are dealing with it

    If you do not comply they will do the work and charge you anyway

    If you can not deal employ a manager and surveyor and get legal advise

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    Classic example for some one who should never have been in the rental market. There is a cost to renting as it is not a one way bet. If you can't raise the money you will have to sell up and put it down to experience- its that simple.

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