Tenant stayed beyond S21...

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    Tenant stayed beyond S21...

    I'm in the process of selling my buy to let, waiting to exchange, subject to vacant possession.

    Tenant was meant to leave on 4th June but stayed due to being unable to find anywhere which I can believe, local rental market is insane. The council recommended the tenant to stay and wait to be evicted. They're still paying rent.

    We were about to start accelerated possession, when the managing agent says there's another property suitable for the tenant (and he likes it) but the rent's a bit too high (£100 more a month) and the managing agent is contacting the council to see if they can top up the tenant's rent... has anyone heard of this before? To be honest if the council say no, it's tempting for me to make a direct contribution to the tenant (can I?) so that it's much quicker, but that's just a thought...

    #2
    Councils have to support adults with kids but not single people-I doubt it would work. However you could offer to subsidise for a year.£1200 well invested.

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      #3
      You can offer him money to leave....... but would he ? The ' exchange ' would have to be very carefully worked out, i would forget the distraction that is this other flat and start the proceddings to get him out, yes rents have gone through the roof......... not a big surprise and tenants of all parts of this once great land need to understand why, landlords like me are selling up and pulling out !

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        #4
        Re: Tenant stayed beyond S21...


        Originally posted by inheritedb2l View Post
        I'm in the process of selling my buy to let, waiting to exchange, subject to vacant possession.

        Tenant was meant to leave on 4th June but stayed due to being unable to find anywhere which I can believe, local rental market is insane. The council recommended the tenant to stay and wait to be evicted. They're still paying rent.

        ................
        Thatcher's 1988 Housing Act s5(1) makes clear tenant is fully entitled (assuming rent paid) to remain (s21 or s8) until Court decision, PO, PO expiry, bailiffs evict. The same Act that permits you to serve s21..

        What did you expect?? What did you lead whoever plans to buy to think was the position? When selling I don't start marketing until tenants have left & I fixed any repairs needed.

        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...

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          #5
          Could you market it as an investment property with a tenant in situ? I'm sure I've seen flats for sale where this is done.

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            #6
            Originally posted by gnvqsos View Post
            Councils have to support adults with kids but not single people-I doubt it would work. However you could offer to subsidise for a year.£1200 well invested.
            The tenant does have kids with part custody so I guess the council might be able to part fund it.

            Originally posted by theartfullodger View Post
            Re: Tenant stayed beyond S21...

            What did you expect?? What did you lead whoever plans to buy to think was the position? When selling I don't start marketing until tenants have left & I fixed any repairs needed.

            Good luck.
            We marketed with tenant in situ for 3 months with almost no interest whatsoever. Current buyer is cash, fell in love with the place, knows about the situation and very patient luckily.

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              #7
              If your contemplating paying the £100 subsidy in order for the T to move and be relocated, I would not recommend that you state a time scale (ie for a year), I would do it until the T moves in and then stop payment. Alternatively start legal proceedings to evict, you may lose your current buyer, as if they are buying with a Mortgage the offer may be withdrawn, once you have possession then market it again to sell.

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                #8
                Don't make the tenant any offer at all.
                You don't want to accidentally start a new tenancy.

                Go through the possession process as calmly and politely as possible.
                The council will have the tenant fighting you every step of the way (whether the tenant wants to or not).
                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).

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                  #9
                  The council declined to help. Tenant started to become avoidant and is now come into rent arrears. Oh joy.
                  We've started the court possession process.

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                    #10
                    It might have been better to get tenant out ,redecorate and then advertise for sale. Did you want to collect rent up to the exchange of contracts?

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                      #11
                      To be honest we just want the tenant out asap so are going down accelerated route without claiming any rent arrears.

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                        #12
                        You stated the tenant was still paying rent. Where have the arrears come from?

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                          #13
                          Since the day before I made the post. So is now in 1 weeks arrears. The way they were talking, they're no longer going to pay.

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                            #14
                            So serve s8g10 TODAY and explain "intentionally homeless " to them. Can we assume you will provide tenant either no reference or only a full, honest one?
                            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


                              #15
                              Arrears do not have real significance until they equate to two months .I do not think it would b worth chasing a weeks arrears ,except through the DPS route.

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