Tenant Will Not Leave

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  • Tenant Will Not Leave

    Please help.

    Our tenants have been in our house for 7 years. They were originally on fixed term tenancies but for the last year or so it has been on a periodic tenancy. We have rented it through a letting agent on a rent collection basis. The original contract was 16th December (rent day). We wish to move into the property.

    We have just served a section 21 notice to gain possession after 15th December and we have got a terrible feeling the tenants will not leave. They are never on time with paying the rent but I think we would find it difficult to serve a section 8 because they have always been late since about a year into the tenancy, they would argue why did we not serve it before. I have got a horrible feeling the tenants will call the council and they will advise them to stay put until they are evicted. I have done a lot of research and I believe we can apply for an accelerated possession procedure, how much will this cost? how long will it take and who foots the bill? us, the letting agent or the tenant? Then what if they do not leave after that? what do we do then? who pays for the bailiffs?

    It seems outrageous that we own this house, pay the mortgage and it is ok for us to be homeless when we own the home.

    Many thanks

  • #2
    It is tenant's home, tenant's property (oh yes, not your property..). Tenant may refuse all visits if he so chooses.

    S21 is not a notice to quit, merely a notice that you may (...may) start legal proceedings. Tenant does not have to leave..

    You have exercised your legal rights in issuing S21.. Tenant can exercise his legal rights in declining to leave etc etc etc.. That's fair, that's equable, that's British...(ain't it??) If you didn't understand the law ....
    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...


    • #3
      The accelerated procedure is a bit of a mis-nomer - it is faster than a regular s21 but is not instant!

      Once your s21 notice has expired, complete court form n5b and send it to the court (3 copies) with your fee of £175.

      After 2-4 weeks you will get the courts decision, which will give tenant 2-6 weeks to leave. It tenant does not leave, you can not throw them out, you have to organise bailiffs (£110) who work on an appointment basis - so that could be a further 4-6 weeks.


      Neither the tenant nor the agent have done anything wrong, so I can't see them being (morally) liable for the cost of the n5b. Maybe the tenant could be responsible for the bailiff fee.


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