Wierd situation. Will this ruin my S.21 notice?

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    Wierd situation. Will this ruin my S.21 notice?

    I have a tenant in arrears with constant late payments for some time. I finally got my act togather and started repossession proceedings and served s21, with the intention of following through to court and eviction.

    I have now been approached by an individual, who has asked me to allow this individual to stay in the property for another 4 months, as they have no alternative housing.

    He is willing to place a £5000 cash guarantee with a solicitor that the tenants will be out at the end of the 5 months. (This sum is basically equal to the outstanding rent upto the end of the 4 month period).

    I want the property vacant in 6 months all the same for other reasons. The proposer, has said that I can carry on with the eviction proceedings simultaneously.

    My question are:

    1. Does agreeing to them staying for another 5 months on the above conditions, undermine my s.21 notice and any other proceedings?

    2. Can anyone spot any other ulterior motive here?

    #2
    I bet it's a relative.

    Why on earth would you accept the money being lodged with a solicitor? If he wants tenant to stay those months he should pay the money over to you.

    Ulterior motive? Umm, well if tenant leaves at 4 months and 29 days, you get nothing from the solicitor.

    Comment


      #3
      Anything which can be construed as granting a new tenancy (which this offer might if you confirm tenant can stay), will invalidate your S21. Tenancies don't have to be in writing, so tenant can claim a verbal tenancy has been agreed and this other person will no doubt stand witness for this.

      If the other person is keen to help, let them pay off the arrears, and maintain all rent due until your S21 comes good and you gain possession. If you want to offer a stay of execution, and the rent is paid, then just hold off applying for the court action for a while and do not enter into any discussions with tenant or other person about this. S21 will still be valid and you don't have to start court proceedings immediately after the notice ends.

      Comment


        #4
        Who does the solicitor whom would hold the cash work for, and who is writing the agreement?
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by JuggleThaw View Post
          ...
          He is willing to place a £5000 cash guarantee with a solicitor... ....
          A "cash guarantee" doesn't sound the same as "cash".. it could just be a piece of paper saying "I'll pay £5k..."..

          I'd not touch this with a barge-pole..

          Nope, either all cash paid to you or no deal... and I'd still pursue S21 eviction... they are going to the "difficult" I predict....

          Cheers!
          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


            #6
            Thanks all.

            Comment


              #7
              If it sounds a bit odd, it probably is. I wouldn't agree those terms.

              Comment

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