Help, 7 weeks into S21 notice, Tenants not moving.

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    Help, 7 weeks into S21 notice, Tenants not moving.

    Hi,
    First time post here please be gentle if I say something stupid.

    My LA has served Section 21 notice to my tenants in November. They should be leaving end of this month and I will move back in on the 7th next month. A friend of mine who is also Tenants' neighbour just told me that Tenants aren't leaving because they weren't issued a copy of gas safety certificate. I have checked TA signed by them (I always ask LA to give me a copy of everything) and saw that they were given a gas certificate although it expired 3/Aug. I don't have any records of it being renewed afterwards.

    I can't get hold of LA now it's the weekend. I am assuming LA doesn't know about this because they knew I'm moving back and they haven't said anything to me. What are my options if this really happens? I don't understand why didn't they say thing earlier I am moving back from abroad and everything has been arranged I am extremely worried now!

    Any advice is much appreciated.



    #2
    If they are resisting, you should budget for 40 weeks. Note that the council will consider them voluntarily homeless if they leave before they have new accommodation, or the full court and bailiff process has run its course, so, if they can afford it, you should help them find new accommodation, if you want possession sooner. If their only realistic option is social housing, expect the full process.

    Comment


      #3
      Welcome to LLZ

      Even if s21 is valid (many are not) tenancy does not end when it expires, tenant does not have to leave, so tenant perfectly within their rights to stay just as you are perfectly within your rights to have s21 served.

      So agent won't know what tenant's plans are. Wait and see what happens, make no immediate plans.

      Check s21 against Mark Pritchard's s21 checker, only 24 pages

      Any rent unpaid?

      Get GSC sorted ASAP. Landlords can& have gone to jail for not complying with Gas laws. Tenant can easily report you to HSE omline
      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


        #4
        I have given them 3 month notice I don't know why this has happened. They didn't say anything. Are they allowed to keep quiet even until now? If this is really happening and they are claiming the notice is invalid, can I ask compensation from LA for their mistake?

        Comment


          #5
          Of course they can keep quiet, Thatcher's 1988 Housing Act. T

          The landlord is always ultimately responsible: Are you sure agent agreed to ensure there's always a GSC? What losses will you sue for? - you've lost nothing, tenants entitled to stay.

          As said typical eviction timescales if tenant digs heels in (as they are perfectly entitled to) is 40+weeks.

          Dig in for a long campaign. Stay calm, polite & friendly with tenants.
          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


            #6
            Even if the notice was valid, if they choose to stay, you will need to go through two stages of court process before you can force their removal.

            If they ask for help from the council, they will be told that the council will not rehouse them unless they delay their removal for as long as legally possible. Councils are underfunded for social housing, and have to use every legal means possible to avoid allocating it.

            You might be able to get some compensation from the agent, if you have to re-issue the notice, because they got it wrong, but you will not be able to get compensation for them for the months it may take to remove the tenant, as that is not under their control.

            Comment


              #7
              I have a full management service so I expect GSC would be taken care of. I will look into it again. I am moving back from Australia we are a family of 5 with children under 5 and all our belongings are being shipped to UK right now, I will have to find storage or rent a new home which I probably can't afford. I have a new job starting late Feb which now I may have to delay it. There is a lot of cost involved!

              Should I contact Tenant directly and find out what's happening. It's driving me mad.

              Comment


                #8
                Originally posted by leaseholder64 View Post
                Even if the notice was valid, if they choose to stay, you will need to go through two stages of court process before you can force their removal.
                .
                I just did some googling, apparently there is a thing called accelerated procession proceeding. Can I use it in my case?

                Comment


                  #9
                  Accelerated does not mean quick. It just mean there's no formal hearing and a judge will decide whether to grant the possession order on the paperwork alone, so save maybe a few weeks. If your tenant file any defence to the claim, a hearing would be listed and you're back to the normal process.

                  As stated above, prepare for an eviction process that's going be a few months, and that's assuming all your paperworks are in order to begin with.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

                  Comment


                    #10
                    You will, probably. Not much quicker than other way, previous comments were assuming that route.

                    No offence but you've been declaring 100% of rent income to tax man?

                    Sorry, tough lesson. Join RLA or NLA and get helpline and much other help. Eventually you will get them out.

                    It might sound daft, morally questionable but maybe bribe tenants to go?
                    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


                      #11
                      I just had to call the tenants, couldn't help it. He admitted they will not be leaving, not telling me anything about section 21 just said shelter told them to stay put. He said his mother was made redundant and wife injured so they don't have extra money for deposit. They haven't missed any rent so I can't tell how true it is. If that's the truth can I give them back half or some the deposit early?

                      Comment


                        #12
                        Originally posted by Prius View Post
                        Should I contact Tenant directly and find out what's happening. It's driving me mad.
                        Worth a try.

                        Read up on harassment first.

                        Keep it very polite and friendly, "Hope the 3 months notice was more than enough, as you always knew we would be moving back again. Would returning your deposit early help with your new place? Don't bother with a thorough clean, I'll pay to get a cleaner in- I know how stressful moving is (cue sob story about little children, shipping belongings over, new job)."

                        Most people aren't ar*seholes and will do the decent thing.

                        Edit; Whoops! posted too late.

                        Comment


                          #13
                          Think tenants are fishing for ££££.

                          Re. deposit: Which scheme is it in, is it custodial or insurance? You would need to co-ordinate the scheme & tenant, probably agent, definitely you to return deposit. Returning half is likely to be problematic ("the deposit" might be deemed no longer protected so s21 invalid & tenant can sue you for up to 3xdeposit penalty).

                          In your shoes I'd keep communication with tenants to written/email, very calm, very polite. Problem with verbal is can be used as example of harassment (you don't have a recording do you...).

                          Have you got copies of ALL paperwork from agent (tenancy, inventory, deposit stuff, photos, references, inspection reports, notices served etc etc etcc??) If not, get that first.
                          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


                            #14
                            An unfortunate lesson to learn.

                            Just because you use (pay) a Letting Agent doesn’t really mean anything as it’s you that is still legally liable for that property and the tenants.

                            S21 (if valid) is only a piece of paper that informs the tenants that the process has begun for the landlord to reclaim the property and doesn’t mean they have to leave by a certain date.

                            As as others have said, be polite to the tenants - they hold all the cards now and can either help your move or make your life a nightmare.

                            Oh, and sack the agent.

                            Comment


                              #15
                              Originally posted by Prius View Post
                              I just had to call the tenants, couldn't help it. He admitted they will not be leaving, not telling me anything about section 21 just said shelter told them to stay put. He said his mother was made redundant and wife injured so they don't have extra money for deposit. They haven't missed any rent so I can't tell how true it is. If that's the truth can I give them back half or some the deposit early?
                              You'e
                              IMHO you've got to weigh up the extra cost to you if they don't vacate, offer them their deposit back and more to get them out. Maybe first months rent at their new place?
                              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                              Comment

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