Tenants refusing to vacate

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    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.

    #2
    There is nothing you can do other than see if a hefty lump sum will persuade them.

    Comment


      #3
      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.

      Comment


        #4
        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
        https://nearlylegal.co.uk/section-21-flowchart/
        - 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...

        Comment

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