Tenants refusing to vacate

  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants refusing to vacate

    Our tenants have been issued with a section 21 back in December. Having had six months notice they are now refusing to vacate the property as their new build house is not ready. We have sold the property subject to contract. Our buyers want to take advantage of the stamp duty holiday. What if anything can I do as tenants have put in writing that they will not move out until they are ready even though their agreement ends on 1/6/21.

    There is nothing you can do other than see if a hefty lump sum will persuade them.


      Write to them pointing out you are now able to proceed to court and that you intend to do so. That this will incur costs and legal fees, that court judgements of any sort would not reflect well on their mortgage application, that once a possession order has been granted you will incur additional bailiff costs and costs for applying for same warrant, once possession granted and executed you will pursue for the full legal costs associated with that action. That if they refused to pay said costs you could apply for a charge against their property followed by a further application for an order for sale which will incur further legal costs of around 3k. Then list all the costs. You could probably get up to 5k or so. It may well focus their mind, because at the moment they think they are going for the cheap option.

      I presume when you say you have sold, you mean you have a buyer but have not exchanged contracts? Huge difference. If you lose your buyer, there'll be another along soon, even with the loss of the stamp duty holiday. Supply is poor at the moment unless you want a new build.


        An s21 notice does not end a tenancy nor compel a tenant to leave. The tenant is simply exercising their right, unde s5 of Housing Act 1988 ( Thatcher's ) to remain until court, court order, bailiffs/HCEO. The self-same Act ( Thatcher's ) that permits us landlords to serve s21s.

        Their agreement doe NOT end 1st June 2021. You could ask them nicely, You could bribe them.

        You state
        Our tenants have been issued with a section 21 back in December. Having had six months notice
        Last time I checked my calendar May is not 6 months after you served notice..

        NB Have you checked your s21 - eg
        - many ( many!) s21s are invalid... - worth checking before engaging with court.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


        Latest Activity


        • Flat entrance door - fire door compliance
          by MrSoffit
          Hi. Inspecting flat entrance doors has been a requirement since the 2005 Fire safety Order. The role of managing agents to inspect front doors is covered in appendices to the 2011 guidelines.

          Should a managing agent have in-house expertise to carry out door inspections (required by an...
          18-06-2021, 21:11 PM
        • Reply to Flat entrance door - fire door compliance
          by jrsteeve
          Best practice is for the agent to appoint an external contractor to conduct an FRA and formal risk assessments. Checking for obvious damage to apartment doors would be completed during a standard site inspection by the agent. Any significant damage should then be followed up by a contractor assessment...
          18-06-2021, 21:36 PM
        • Reply to Handing back Right to Manage to Freeholder
          by jrsteeve
          Perhaps appoint a managing agent to take the stress away and deal with the difficult leaseholder?...
          18-06-2021, 21:29 PM
        • Handing back Right to Manage to Freeholder
          by carolebrntt
          An RTM was set up in 2005 of which I have been a Director ever since, and dealt with all the buildings requirements.
          Including Insurance, maintenance and getting documents sent to Companies House. I’m now 73 and wish to sell my flat and move on, as the responsibility is now affecting my health....
          17-06-2021, 09:53 AM
        • Reply to External wall surveys - S20
          by Samish
          We are going to make an application to dispense under S20ZA out of caution, however I don't personally feel that it should be classed as 'works'. It is an inspection by a qualified individual. If an asbestos survey exceeded the S20 threshold, or a fire risk assessment, you might challenge the cost on...
          18-06-2021, 15:17 PM
        • External wall surveys - S20
          by Samish
          Hi there, sorry if this has been covered before but I was hoping to get peoples view on costs for external wall surveys and whether they are qualifying works under S20? Colleagues of mine think that we need to go through S20 consultation, however I'm of the opinion that, while expensive and invasive,...
          17-06-2021, 15:41 PM
        • Reply to How easy/difficult is it to set up a freehold management service?
          by eagle2
          We need some more information please. Are the leases directly between the freeholder and the leaseholders or is there an RMC involved?
          A block of 5 flats can probably be managed by the leaseholders themselves, especially if you are all contributing and you all get along well. The problem is when...
          18-06-2021, 15:17 PM
        • How easy/difficult is it to set up a freehold management service?
          by riva
          I live in a share of freehold (block of 5 flats) and we are currently paying around 6k per flat for management/bills per annum. No concierge but there's a lift. It's an external management company that we outsource to. Thing is, I feel that they were coming up with rather expensive quotes and so I've...
          17-06-2021, 09:09 AM
        • Reply to ICO Data protection fee
          by eagle2
          There is a registration self assessment on the ICO web site. I suggest that you complete it and keep a copy if it states that you do not need to pay a registration fee....
          18-06-2021, 14:40 PM
        • ICO Data protection fee
          by parklands
          I have received a letter from ICO informing me that we need to pay a fee. Our managing agent says we must decide if we want to pay and offers no advice. Do other RMCs pay this?
          17-06-2021, 22:00 PM