Tenant reluctant to vacate at tenancy end; what to do?

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    Tenant reluctant to vacate at tenancy end; what to do?

    Hi,

    I am letting out my flat through an agency but am looking to take back possession of it as I am having some work done on my own house need to move in for a little while.

    The agency has informed the tenant that I want the property back at the end of her tenancy which is due to end this week.

    Initially, I only needed to move back for 2 months and was prepared to store my tenants belongings with a view to her moving back in once I left again, however having spoken to her directly (it seemed a good idea at the time) it seems that the tenant has a long list of conditions for alternative places where she will move to. She has told me that if the agency find her another place that meets all her conditions she will be happy to leave at the end of her tenancy agreement, however if they don't she will be staying until she finds somewhere else that is suitable. The agency have been very helpful in trying to find something else for the tenant, but nothing seems to meet all of her conditions.

    I am now pretty convinced that she is not intendng to move anywhere and this will leave me and my wife in limbo because we need to move out of our house but can't find anywhere that is availably or financially viable for just 2 months. So, I want to know what is going to be the quickest (legal) of removing this tenant.
    Thanks

    Mal

    #2
    You have not got a cat in hells chance of shifting her soon! Have you issued a section 21?? Thats 2 months notice, then you have to wait for court date, then if she is still there bailiffs.. about 5/6 months is the quickest!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #3
      Removing a tenant after the end of a tenancy agreement

      Yes, I believe that my letting agents have issued the S21 at the beginning of the agreement as a matter of course.

      I think all I have left to do is to go through the courts to get her out asap if she hasn't vacated the property at the end of the agreement.

      I thought that the letting agency would be respnsible for giving me back vacant possession of my property and there are responsible for managing the eviction process but they seem to be shying away from that, instead encouraging me to contact the tenant directly to try and sort it out as they are "having no luck contacting the tenant", eventhough they are being paid for a full management service.

      Comment


        #4
        Originally posted by MalKaul View Post
        I think all I have left to do is to go through the courts to get her out asap
        Its the 'asap' bit that I think you'll find is the stumbling block. The courts don't do asap, they follow their procedures and no amount of pushing or cajoling will make them change that. Depending on where you are in the UK, you may have to wait 2 months or more for a hearing; if you are succesful the court will issue an order for possession, maybe 14 days, maybe 28.

        If the tenant doesn't vacate, then you have to go back to court for an enforcement hearing - say another month for a hearing date. At that hearing the court may issue an order for bailiffs to attend, thats another 14 days at least depending on how busy the bailiffs are in your area.

        I'd say you are at least three and half months away from possession if she doesn't want to move.

        Originally posted by MalKaul View Post
        I thought that the letting agency would be respnsible for giving me back vacant possession of my property and there are responsible for managing the eviction process
        What made you think that? is it in your agency agreement with them? Agents can usually start the ball rolling, and should be offering advice and assistance, but only the owner can take it to court.

        If you found it hard to find somewhere 'available or financially viable' for just two months then did it occur to you that the tenant may be finding the same?
        My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

        Comment


          #5
          You don't have to go to court for an enforcement hearing at all. If tenant does not go on date given by court you contact the bailiffs and set a date to get them out. BUT all this could take 4/5 months.

          Is the deposit held in a scheme, otherwise the section 21 could be invalid.
          GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

          Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

          Comment


            #6
            Yes everything is above board and in order, the letting agency issued the notice at the beginning of the tenancy and the deposit is held in a scheme

            To answer oaktree's comment about the tenant not being able to find somewhere viable for 2 months, the difference between her and me is that she doesn't need to! She can go ahead and get another 6 month contract and there are definitely plenty of places around, so it doesn't make any difference to her, whereas I literally only need a place for 2 months so I don't want to get into a 6 month contract. The offer of letting the tenant move back in after 2 months (which she initially said she had no problem with because she could stay with a friend) is unsurprisingly no longer on the table.

            Comment


              #7
              If I were you ...i would be the one looking for a friend to stay with as you are unlikely to be getting possession in time regardless ....if a good T then drop the issue and stay somewhwere else?

              The Rodent
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

              Comment


                #8
                Unfortunately most of our friends and family are not local to where we leave or even a reasonable enough distance to move in terms of work.

                I am hoping a court order will be enough to scare my tenant into moving quickly. She has said she will go but she has her list of conditions to meet, if she was flexible on those there wouldn't be an issue. I guess I will just have to be ready in case I do have to go the court route. Is there a particular form I need to use or something?

                Comment


                  #9
                  I'm going to be a little cynical here, but never mind

                  You have turned your problem into the tenant's problem; the tenant in turn has turned it back into your problem.

                  Comment


                    #10
                    That is cynical, but true to a certain extent. However, the situation should really be no different to if I just decided I didn't want to renew the tenants contract or if I wanted the property back so I could sell it etc.

                    We are basically in this situation for 2 reasons, the first being that I want the place back for myself and the second being that the tenant doesn't understand that I am well within my rights to decide that I don't want to renew her contract for whatever reason, whether that is because I want to move in myself or that I want to find a different tenant, she has had her notice period and should move on amicably (that might sound highly unlikely at the moment but I live in hope, after all she was prepared to be reasonable at one point and she has her kids to think about).

                    Comment


                      #11
                      I think you have to cut your losses and go ahead with getting her out via the usual route(s), but meanwhile, blitz the agencies, local paper, newsagents' windows, etc, with your request for a 2 month tenancy (with so many people unable to sell at present you might just find someone willing to do a short let).

                      Failing that, B and B?

                      Or, seriously, if it is just you + your wife, consider buying/hiring/borrowing a small caravan and putting it on the nearest club site to where you need to be. Try to negotiate a deal with the site owners so you get a reduced fee for staying two months. (Most have a 3 month maximum stay). It's not ideal but it's cheaper than hotels/B & B.

                      Good luck.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Thanks for the advice, the caravan or B&B idea might be something I will have to go back and look at.

                        We did a pretty thorough search before we went for the "last" option of getting the flat back but everywhere we went wanted 6 months minimum which just isn't viable for us and the 1 place we found that was prepared to give us a 3 month contract was charging about twice what the place was worth, considering its condition, and made me think that I need to put the rent up on my place the next time I let it out because it is worth double what we were looking at for this place.

                        The other bonus of getting our own place back is that there would be literally no bills for us to fork out for because the excess we have been getting from the rent has built up enough to pay the mortgage and all the bills for at least 3 months and I hadnt really realised how much extra that actually is until I started looking at renting myself and workng out how much 2 sets of bills would set us back.

                        Comment


                          #13
                          Yes, that would obviously be the ideal scenario, but until she is willing/legally obliged to move out, it doesn't sound possible, however desirable it may be.

                          At least in a caravan, the electricity is included in the site fees!

                          Good luck, whatever you end up doing.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            Thanks, just to find out though, if the original 2 month notice has been given and the tenant has not moved out at the end of it, what is the next step?

                            Is there a particular form I have to send to the local court? I have seems loads of stuff in these and other forums about the section 21 notice, but not alot about exactly what the process is once that has expired

                            Comment


                              #15
                              I would suggest that if you were to offer 2 mths payment upfornt with a bond that you would have little problem in finding a LL that will accept your propositon.
                              This is HIGHLY unlikey to be accepted by agents tho so you will need t approach LL direct :

                              www.gumtree.co.uk
                              www.spareroom .co.uk
                              www.torent.co.uk
                              www.easyroommate.co.uk

                              As a LL i VERY often do this to get a quick let in the knowledge that the vast majority are trying both me and the prop out and and very high percentage will turn into much longer lets.

                              This will sort out:
                              1. your (almost certain ) lack of use of your prop in time
                              2. save you a grat deal of time and money trying to evict t
                              3. save relet fees
                              4. may even get your T back on side a s long term t (as she has kids )


                              In short ........the only viable sensible route to take .


                              The Rodent


                              Ps i do appreciate your position re MY prop and i want it back ....back the law in the uk is not with you it is with the T....great innit !? NOT
                              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                              W.Churchill

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