Section 21 - Tenant not leaving...been told to stay put - help required please

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 21 - Tenant not leaving...been told to stay put - help required please

    Hi, I have issued a Section 21 due to breach of tenancy (not arrears) this is paid for by the local council as the tenant is on benefits, I understand now the tenant has been told to stay in the property after the date she is supposed to have left (by her case worker) - due wanting my property back and the breach of tenancy, can I issue another Section to get her to vacate my property? sooner rather than later, If so when would I issue that as I don’t want to interfere with the Section 21?
    Is it viable to pay for a high court notice? Is this a long process? I have given 3 months to date and require the property asap.

    #2
    S21 does not end tenancy nor comply tenant to leave. Take expired s21 to 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


      #3
      Thank you - is there any quicker way? apologies I've not made myself clear, the S21 actually expires in a couple of weeks but I've been told she's been advised to stay in the property, I don't want to wait until the S21 date is here and then find I cannot issue her any other setions as she will no longer be my tenant. (even though she will be in my property)

      Comment


        #4
        I'm in the same boat. My S21 expired feb 19th and council told the T to stay until bailiffs come. So just waiting on the possession order which my solicitor said will take up to 4 weeks and 6 if we are unlucky (into week 2 at the mo) and if he still doesn't go then we get the bailiffs in. So the faster you do it the faster you get them out. Unfortunately it takes weeks to do

        Comment


          #5
          S8 for arrears easily defended: And anyway expires also in 2 weeks. I'd simply take s21 to court but see... for likely timescales (7-8 months)
          https://england.shelter.org.uk/housi...eviction_takes
          & check s21 here...
          https://nearlylegal.co.uk/section-21-flowchart/

          Any other notice (s8..) also does not end tenancy nor comply tenant to leave.

          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
            She remains your T until lawfully evicted by Court Order and Bailiffs. You cannot take s21 to Court before Expiry Date.
            Then all you can do is ask Judge to make her liable for your Court & Baiiff costs (currently about £450 in total.)

            Comment


              #7
              The council is using the court to see if the s21 notice is valid.

              The tenant should be aware that by staying put they are going to incur between three and four hundred pounds in court fees, which the council probably haven't mentioned.
              The council will almost certainly be unable to house the tenant and the most likely help the tenant will get is a place in a hostel or a BnB the "specialises" in this market.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Thank you all very much for your advice - I will look into the options and hope it is sorted promptly.

                Comment


                  #9
                  I thought all this nonsense was supposed to stop with the Homelessness Reduction Act!

                  Comment


                    #10
                    Originally posted by flatty View Post
                    is there any quicker way?
                    In general. a S8 notice has shorter notice, but discretionary grounds are generally not worth pursuing as judges are unlikely to grant possession on them. And Ground 8 proceedings can be delayed by the tenant claiming disrepair, even if there is none.

                    Originally posted by flatty View Post
                    the S21 actually expires in a couple of weeks
                    In that case, there is no quicker way.

                    Originally posted by flatty View Post
                    but I've been told she's been advised to stay in the property,
                    Councils want to delay taking on housing people as long as possible.

                    It may be that they believe the S21 notice to be invalid.

                    Did you serve the S21 notice or did a solicitor do it for you?
                    Did you comply with all the pre-requisites for a S21 notice?

                    Originally posted by flatty View Post
                    I don't want to wait until the S21 date is here and then find I cannot issue her any other setions as she will no longer be my tenant.
                    You can issue 8 notices at any time without affecting a S21 notice (and without affecting any S8 notices as far as I am aware).

                    She remains your tenant until she gives up the tenancy or a court order to evict her is executed.

                    Expiry of a S21 or S8 notice does not end the tenancy; it just allows landlord to go to court to seek possession.

                    Comment


                      #11
                      Unfortunately this is an all too common story every one (including myself) letting to people on housing benifits.

                      Council usually view landlords as piggy banks that can be taken advantage of in order to keep their crumbling social housing system propped up.

                      Almost all council and case workers advise the tenant to stay right up until eviction, this is at the expense of the landlord's time and tenant with cost of judgement. Of course then the landlord is painted as evil for refusing DSS tenants in the news establishments.

                      Most of the small landlord I know who can ill afford take such hits, who takes on social tenants gets burned once or twice with social tenants and never go back again.

                      Comment


                        #12
                        Piggy banks? Have you looked at how much councils are spending on HB? Billions.

                        Rather too many landlords regard HB as a piggy bank .

                        .
                        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


                          #13
                          If HB is such piggy banks, why do I see "no DSS" everywhere on rental ads? If that is the case, then why does Council not put money where their mouth is.

                          Offer to pay for the court / bailiff fees when they advise tenant to stay past a section 8 / 21 until eviction.

                          When they offer such advice, they effectively know there are little chance of landlord recover the all the fees (and in a lot of cases rent).

                          In the end of the day, it only creates downward spiral pushing decent landlords out side of the HB system, leaving them with less room to house HB claimants.

                          Comment


                            #14
                            Because councils have no money.
                            They're doing everything they can to reduce spending further.

                            They know someone's going to be out of pocket, as long as it isn't them.

                            This is what "austerity" looks like in real life.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Originally posted by spiritdreams View Post
                              Most of the small landlord I know who can ill afford take such hits, who takes on social tenants gets burned once or twice with social tenants and never go back again.
                              I am exactly this small landlord, due to the work i do i tend to come into contact with those on HB and those in either private or social housing..... which is why i have a personal ban on anyone claiming HB, this view has come from years of entering cannabis farms/drugs squats/totally wrecked houses and more, i am not saying that all those on HB do this but without exception all the houses i have entered the tenants have been on HB..... not for me, i want to stack the odds in my favour, add into the mix universal credit ! Not a chance.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X