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

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  • theartfullodger
    replied
    Originally posted by RedHitman View Post
    ....Being argumentative, volatile and threatening never helps anyone.,.....
    Could someone please tell trumper?

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  • RedHitman
    replied
    Well done.

    Being argumentative, volatile and threatening never helps anyone.
    Being clever, however, does.

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  • Prius
    replied
    GSC has been done last year, just that LA did not give them a copy of the new certificate. I am in the middle of claiming some management fee back from them so I didn't want to instruct them anything anymore. I emailed tenants myself to confirm that I will pay them for the first month rent and removal cost up £400 if they are to vacant the property before 18 March and they are moving out today.
    I just want to say big thank you for the most valuable advice - be friendly and be polite to tenants even when **** like this happens. I think it actually helped a great deal not upsetting the tenants so big cheers guys, I am getting my cottage back!

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  • KTC
    replied
    Why would you have to wait? A s21 don't have to end in accordance with rental periods if it started after 1 October 2015, or if it started before that (in which case you wouldn't be worrying about an out of date GSC) and started with a fixed term that then went statutory periodic.

    Make the agreement in writing incorporating all the terms in accordance with Law of Property (Miscellaneous Provisions) Act 1989. Have one of the term be that they allow a new GSC check as soon as you can arrange one so you can serve an updated GSC and s21.

    Even then, yes if they change their mind, you would still have to rely on a s21 and then court, but at least you'll have a possible breach of contract for some compensation (for loses from the mid-March date).

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  • theartfullodger
    replied
    Surrender only happens AFTER they leave & hand back keys..

    HOW (email, chat in pub, exchange of TXTs..) have you arrived at "... accept my offer....". Ask your written, signed, confirmation before parting with ££££ but even so I think they can change their minds..

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  • Prius
    replied
    Originally posted by DPT57 View Post
    If the GSC is the only problem get the agent to resend it with proof of service and then reissue the s21. Once they know its a valid s21 they may choose to leave on expiry rather than face the court and bailiffs costs.
    Thank you, their rent period is quarterly so I would have to wait several month before I can serve notice again, which isn't ideal. Tenants have now accepted my offer of free first month rent for their next place and free removal service if they can move out by mid march. I understand this is called mutual surrender? I would like to know what happen if they change their mind, can I then go to court or will I have to serve a new S21 before going to court.

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  • DPT57
    replied
    If the GSC is the only problem get the agent to resend it with proof of service and then reissue the s21. Once they know its a valid s21 they may choose to leave on expiry rather than face the court and bailiffs costs.

    Leave a comment:


  • Wannadonnadoodah
    replied
    Check your section 21 against https://www.google.co.uk/url?sa=t&so...v2RAFIDFQwrVvt

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  • Prius
    replied
    Thanks for all the reply, so I am now backed in UK, We are staying at mate's holiday let cottage until May which I hope give just enough time to get my property back. LA say they must have sent the GSC but has no proof. so it's going to be their words against tenants. I am almost ready to file court claim next Monday but not sure if this is the best solution. I worry if the court finds S21 invalid then I'd have wasted time and money and have to reissue another S21. I am able to lose up to 2 month rent without financial impact, so I am thinking of offering them 1st month free rent for their next place, full removal cost (provided they use my mate's removal service). Anyone has experience offering incentive? Is this enough to let them go?

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  • DPT57
    replied
    If you decide to offer money be careful how you do it. It could be construed as harassment. Probably best to make it verbal and contingent on a signed/witnessed deed of surrender.

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  • Wannadonnadoodah
    replied
    You say LA not keeping on top, the T could have lied to them and said they were leaving and still have been within their rights to stay on after the section 21 expiry date. A section 21 doesn't end a tenancy.

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  • Prius
    replied
    I haven't offered them anything yet, I haven't slept whole night I don't want to offer anything I might regret. still in disbelief LA not keep on top of this. I am trying to calculate how much I can afford to lose, maybe 2 month rent worth of money, I think. We had new carpet and bathroom put in a year ago so I want to keep some of the deposit in case of any damage. I need some rest now it's almost 6am Aussie. Thx for the help. I will try to get the paperwork in order.

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  • Wannadonnadoodah
    replied
    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?

    Leave a comment:


  • RedHitman
    replied
    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.

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  • theartfullodger
    replied
    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.

    Leave a comment:

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