Tenants refusing to move out

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    Tenants refusing to move out

    Hi all, wanted to get some personal opinions on my situation, wondering what people would do if they were in my position as I'm sure some of you are.

    I don't have a great relationship with my tenants their section 21 notice ends on the 27th April and they have told my letting agents that they will not be moving out until the council finds then somewhere to live (which as we all know could be over a year), they refuse to go into emergency housing and they can't private rent due to bad credit. As far as I am aware they plan on paying the rent whilst they wait.

    If I serve them a possessions order im assuming they will stop paying rent and I will have to cover the cost until it has gone through courts and bailiffs remove them which I would hope wouldn't cost me more than 4k.

    The tenants have never missed their rent but if I list the property tenants in situ I can't imagine potential buyers are going to want to take on the hassle when they find out the tenants are refusing to move out.

    I need to move back into the property myself otherwise I would've just left them in there.

    What would you personally do in this situation?

    #2
    Do you want to move in, or sell (with or without them in situ). You mention both.

    A buyer purchasing the property with them in situ probably isn't going to care they don't want to move out.

    Why has the relationship soured? At least they are paying so it hasn't gone as far south as it could...

    Comment


      #3
      An s21 does not end a tenancy nor compel the tenant to leave: Due to Thatcher's 1988 Housing Act. Same Act that permits you to serve s21 then evict (court, PO, bailiffs etc).

      Have you checked s21 was valid?? Many are not. check here (there are other checkers...)
      https://nearlylegal.co.uk/section-21-flowchart/

      Unfortunately tenants not paying rent (anyway or after notice) is a fact of life that any landlord would and should expect. Certainly happened to me, expect it's happened to many landlords on this site (there are also tenants, agents etc etc. Your tenants may be viewing (it's a free open site)

      Good luck

      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
        Originally posted by Ccaurnlnia View Post

        What would you personally do in this situation?
        Get a possession order and evict. If they stop paying, CCJ.

        Comment


          #5
          Presuming your S21 was valid, start court proceedings after 27th April. Not much more you can do if you want possession back, and yes it could take quite a while depending on the actions of our dear and much beloved government.

          Comment


            #6
            Can you put the rent up?

            While they have a roof over their heads the council is very unlikely to house them until the bailiffs actually turn up, which is likely to be in the distant furture.

            Comment


              #7
              Its a shame that leases for private property dont have what Commercial Leases have in that although a Commercial Tenant has greater protection at the end of a Commercial Lease if the Landlord wants to re-occupy the premises "again" it is an accepted provision that they can get the tenant out,
              In your case I would perhaps wait a bit whilst things return to normal and as soon as you read that evictions are being delt with by the courts, serve notice to quit, in the meantime (hopefully) your rent continues to get paid. Also when the lease expires could you put the rent up.

              Comment


                #8
                I initially needed to move back in, but 6 months notice is a long time and I've kind of sorted my situation now but I just want rid of it now. The relationship went sour when I handed them their notice (as expected) they began complaining to the council about anything they possibly could even though I'm pretty quick the sort repairs. I guessed it was their attempt at trying to invalidate the notice.

                Turns out I made a rookie error and didn't put the deposit into a scheme at the very start so my s21 in invalid. So any advice on what to do now would be helpful.

                I'm going to see the tenants today and tell them I can wait to move back in. Now and I'm trying to decide whether to increase rent and sign a new 6 month lease or fix the deposit error and re serve the notice so I can file for possessions order later down the line.

                I'm also putting it on the market tenants in situ in the meantime and hoping for a cheeky offer.

                Comment


                  #9
                  You need to return the deposit before serving another section 21 notice.
                  However, usually a failure of that magnitude is only one reason why the notice might be invalid and it might be worth getting some professional help with the eviction.

                  You can increase the rent without giving the tenant a new tenancy agreement, and I would suggest that there's no benefit to you in a new agreement.

                  Your tenant has six years from when the deposit was meant to have been protected to sue you for a penalty of up to three times the value of the deposit, plus any legal fees that they incur in suing you.
                  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


                    #10
                    You may get a "cheeky offer" on the property with tenants in place - depends what the % return is really.

                    Of course, you will get to conveyancing and be asked if there are or have been any complaints from/to the tenants and/or the local authority - whereby you are stumped (or you lie, pass your crap to the buyer and risk being sued later).

                    IF there is a decent % return AND the tenants have always paid on time, then I would speak with the Tenants and discuss the fact that you hope to sell the property, together with the option of a new 6-month AST before the sale completes. Deposit returned and lodged correctly.

                    I would also invite the LA to the property and request a letter confirming they are happy with the property condition etc.

                    Get everything in order so you can sell the property, without any LA issues and with paying tenants who actually want to stay there and continue to pay their rent.

                    Comment

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