Help - noticed served on tenant but not moving

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

  • Help - noticed served on tenant but not moving

    We served notice, section 21, on our tenant (council) over 2 months. She is due to move out coming tuesday but she told us yesterday she can't move until another 1 month as where they are moving to is not vacant until then. What shall we do? They would like to sort this out amicably, but they have not been a great tentants. To keep our life simplier we told the council and the tenant that the reason we are giving the notice is becuase we selling, which we would like to do asap, and not because they are troubled tenants.

    what shall we do? Even they are promising to move in 1 months, shall we start court proceedings (how much will it cost?) as I am affraid if they don't move then and want to get them out, the court will say the notice has expired and we will have to start from the beginning. Is there anything we could get them sign written something to agree they will be moving but will be able to use that in court if it comes to that? Please any help appreciated asap as I have not idea where to get advice from and what to do. Thanks

  • #2
    Originally posted by SZAMOCA View Post
    what shall we do?
    If you don't start court proceedings now, then the 2 months' notice you've given them will still be valid in a months' time if you decide you want to wait and see if they quit then as promised. But after you've applied to the courts it will still be many weeks until you get a possession order, and even longer until you can get a bailiff to evict them... so you risk wasting a month if you decide to trust them to move out when they say they will.

    In terms of the cost, the court fee is £150. If you decide to pay that and start proceedings next Wednesday (ie, as early as you can) then you won't get that back even if the tenants do leave in a month. However, either way, the tenants are still due to pay this fee (if you can get it out of them), so it can be added on to any rent arrears they owe you.

    So really, it depends on how badly you want the property back (eg, are they still paying rent as long as they stay, or are arrears getting worse by the day? Are they damaging the property? etc etc) and whether you trust them or not to leave when they say they will. Having experienced several times being fed a complete pack of lies by tenants in similar situations, personally I think I'd start proceedings as soon as possible.

    Comment


    • #3
      Originally posted by SZAMOCA View Post
      We served notice, section 21, on our tenant (council) over 2 months. She is due to move out coming tuesday but she told us yesterday she can't move until another 1 month as where they are moving to is not vacant until then. What shall we do? They would like to sort this out amicably, but they have not been a great tentants. To keep our life simplier we told the council and the tenant that the reason we are giving the notice is becuase we selling, which we would like to do asap, and not because they are troubled tenants.

      what shall we do? Even they are promising to move in 1 months, shall we start court proceedings (how much will it cost?) as I am affraid if they don't move then and want to get them out, the court will say the notice has expired and we will have to start from the beginning. Is there anything we could get them sign written something to agree they will be moving but will be able to use that in court if it comes to that? Please any help appreciated asap as I have not idea where to get advice from and what to do. Thanks
      I hope you protected your tenants deposit in a registered scheme?

      Comment


      • #4
        Thank you both for your replies.

        Luckily the council is paying their rent direct to us until they move (however, I will ring Council today to make sure they are aware of the tenant staying) so I have no rent arrears. They also have a 11 months old baby, so we might give them the chance of moving first before starting court as they will need that £150. Also they are a bit dodgy and don't want to piss them off, especially if it is a genuine reason that they can't move as yet, as we have a little baby too and i don't want to be looking over my shoulder. And if I can start court proceedings in May, I only lost a month.

        Yes, we have the deposit protected and as she has found her own accommodation the deposit is due back to her so she should not do any damage to the property otherwise she loses the deposit or some of it.

        Comment

        Latest Activity

        Collapse

        • Mouldy silicone wear and tear?
          aciduzzo
          Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

          What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
          03-07-2017, 08:07 AM
        • Reply to Mouldy silicone wear and tear?
          mystic08
          You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
          22-07-2017, 20:52 PM
        • Discussion - GDPR and implications on landlords
          MrShed
          I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

          I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
          20-07-2017, 15:01 PM
        • Reply to Discussion - GDPR and implications on landlords
          jjlandlord
          That's the exemption that allows sending data outside of the EEA, which is the issue discussed.



          No, because of that very exemption....
          22-07-2017, 19:19 PM
        • Referencing question
          kangoo1
          A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
          I am going to prepare the ast...
          22-07-2017, 17:19 PM
        • Claiming for protected deposit
          mandm
          This is an interesting one, got me into a spin.
          Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
          I served the...
          21-07-2017, 08:00 AM
        • Reply to Claiming for protected deposit
          JK0
          I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
          22-07-2017, 16:28 PM
        • Reply to Discussion - GDPR and implications on landlords
          jpkeates
          That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

          So, while it might be OK because it relates to a contract, there...
          22-07-2017, 15:22 PM
        • Excessive estate agent fees
          Cml241
          I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
          21-07-2017, 16:26 PM
        • Reply to Excessive estate agent fees
          mariner
          A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
          Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
          22-07-2017, 14:09 PM
        Working...
        X