Notice expires this week tenant desperate

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    Notice expires this week tenant desperate

    Had a long message from tenant who is supposed to leave this week.
    obviously has realised time is running out and hasn't found anywhere else.
    Advised her to take s21 to council and ask them.
    Basically is asking to stay another 2 weeks.
    if I proceed with court order I have to pay another grand plus in fees. Tenant already 3.5 k in arrears.
    I realise I have 6 months to begin the court order from November ( when I served notice)
    Is there any way I can get a legal document signed by her saying she will leave after the extra 2 weeks?
    Or is it best to initiate the court order as she may be trying to trick me , as why would she leave with nowhere to go (except maybe her dad's house).
    If she left to her dad's would that not make her intentionally homeless and therefore low priority for council?
    Any advice most welcome

    #2
    Has the tenant served a valid Notice to Quit (NTQ)?

    Our local authority advise tenants to sit tight until the bailiffs or HCEO is about to arrive

    Comment


      #3
      The intentionally homeless element is most critical for emergency support, which won't be an issue if she's living with her father.

      There's nothing that can be realistically achieved in two weeks that can't be achieved between November and now.
      There's no chance that someone owing that much money can find a property, complete the paperwork, get approved and move in.

      On the other hand, if you do go to court, there's no benefit in the tenant moving at all before the court hearing, they may as well stay, their situation can't really get any worse other than the debt increasing (and they clearly don't care much about the debt).

      If you agree not to go to court for 14 days, do you really think that the tenant will go?
      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


        #4
        I do not trust her to go, only if there was a legal procedure available where she signed something to say she will surrender possession on agreed date.
        so if she went to her dad's will she not lose any priority in getting a council house?

        Comment


          #5
          She could give you notice, which is an agreement to end the tenancy on the date it expired.
          You might need some legal help to navigate the repossession process if she doesn't leave.

          But that is definitely making yourself homeless (as is being evicted for rent arrears so she's no worse off.

          The chances of a single person with no children getting a council house is almost zero, so that's not really a factor.
          If she's living with her father she won't need emergency accomodation (and won't get it if she's made herself homeless as that removes the Local Authority's obligation to help).
          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


            #6
            Just to add she's got 2 kids with 1 living with her. Also to add I served S21 so as far as council is concerned it's no fault

            Comment


              #7
              Originally posted by Propertygoesup View Post
              Just to add she's got 2 kids with 1 living with her. Also to add I served S21 so as far as council is concerned it's no fault
              They'll be in touch to find out why you served notice.

              If she goes to the council they'll simply tell her to stay put.
              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
                Originally posted by jpkeates View Post
                There's no chance that someone owing that much money can find a property, complete the paperwork, get approved and move in.
                Yes there is, it's a burgeoning industry.

                Comment


                  #9
                  So best just to continue with the procedure as she will be advised to stay beyond the 2 weeks anyway and I will be on a sound legal footing by following correct procedure via solicitor. Just going to cost me more which I'm unlikely to get back

                  Comment


                    #10
                    Originally posted by jpkeates View Post
                    They'll be in touch to find out why you served notice.
                    ....Really?

                    Comment


                      #11
                      Originally posted by Propertygoesup View Post
                      Basically is asking to stay another 2 weeks.
                      Tell them if they pay (today) for the two weeks then you'll wait.

                      Comment


                        #12
                        Can I say something along the lines of pay for the two weeks then go and I'll think about not pursuing the outstanding monies. if you haven't gone after the 2 weeks it'll go to court order and will claim the costs plus rent arrears which may result in ccj etc.

                        Comment


                          #13
                          Whatever you say you need to be careful not to give evidence of any new tenancy being granted: Which, e.g. saying just pay for 2 weeks & you can stay just might through a cunning solicitor.

                          You don't appear to have said if tenant has served a valid NTQ so I assume this is just s21 expiring or perhaps PO expiring. If that is the case, since an expired (- even valid ! - ) s21 or PO does not end a tenancy nor compel a tenant to leave (only expired possession order & bailiffs/HCEO can do that ..) I'd simply say nothing. Certainly don;t suggest if they stay a little longer you won't pursue them for debt: What a way to incentivise them to stay!!
                          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
                            Ok great thanks, yes just S21 that is all. So surely it's also in tenants best interest to follow councils counci , but by doing this isn't the council creating more debt for the tenant, as the court costs should be passed on if the judge grants the possession order?

                            Comment


                              #15
                              Originally posted by boletus View Post
                              ....Really?
                              Apparently - anything to avoid paying for emergency accomodation.
                              Local Authorities have sussed that no fault evictions aren't usually no fault at all.

                              Originally posted by Propertygoesup View Post
                              but by doing this isn't the council creating more debt for the tenant, as the court costs should be passed on if the judge grants the possession order?
                              Yes, of course, but they won't tell the tenant that.
                              And they care less about tenants in debt and landlords being out of pocket than they do about their own lack of respources.
                              Because they have to, they don't have enough money to function.
                              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

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