Tenant not moving

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    Tenant not moving

    Hi everyone

    I rented my property out in February 2011 and it was initially for 6 months AST. The tenancy has expired and neither the tenant or me have renewed the tenancy and now I have asked my tenant to make alternative arrangements as I am living with parents and need my property for myself to live. Tenant has told me that he cannot leave until end of August next year and I can not wait that long . What is the quickest and most lawful way to evict the tenant so I can move in.

    Regards

    #2
    After the initial 6 months the tenancy becomes a 'periodic tenancy'. At this point you should re-issue the prescribed information for your deposit protection scheme. I'll assume you've done that.

    You now need to give your tenant at least 2 months notice that you want possession. This is a section 21 form and is for possession only ie it is not an eviction notice.

    There has been some discussion on this forum about whether the section 21 should give a date after 2 months (not 8 weeks) and end on the last day of a rental period, or;

    be a date after 2 months.

    To be on the safe side, if nobody confirms this, give the first option.

    Your tenant is still required to give you at least one month's notice, ending on the last day of a rental period, but you can accept another date if you like. Get it all in writing, not texts.

    I would write to the T explaining the situation and that you will help him to find a new place (try rightmove) and write a good reference.

    Your T might not move out on the date in the S21. In this case you will have to go to court for possession and the court will give you and the T a date for your possession.

    If the T does not move out on that date you will have to get the bailiffs.

    All this costs money which you can take out of the Ts deposit (you might have a fight on your hands over this and do a MCOL). You can add litigant in person fees (google this).

    I wouldn't be surprised if this took around 4 months if the T is awkward, so you will need to start the process straight away.

    All the legal stuff can be done by an ordinary person ie not a solicitor, but can be very stressful because you've not done it before.

    Lots of people on this site will give you more advice.

    Comment


      #3
      Originally posted by Alitheman99 View Post
      ..... and now I have asked my tenant to make alternative arrangements as I am living with parents and need my property for myself to live.
      Simply "asking" tenant to move has no legal effect. You need to do things correctly in writing. Ground 1 of the Section 8 eviction route permits eviction if you lived there before. Does your tenancy agreement mention groung 1 & did you (genuinely..) live there previously??


      What is the quickest and most lawful way to evict the tenant so I can move in.

      Regards
      Quickest?? Bribe them to go, but do so so it may not be seen as harassment: Entirely legal. Any sensible tenant would start asking for thousands of ££££ss... If he agrees get a DEED of surrender signed after he leaves...

      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


        #4
        Hi I like the idea of section 8 group 1 eviction

        Yes I used to live there and lived there previously for 11 years so what forms would I need and how long will he have to leave the property. He is saying there are no houses in area and his kids are in school and I have nowhere to live and I need to move back to my own house.

        He is quite clever and will try and go through the legal side of things and I need to be one step ahead of him

        Can you please give me more details?

        The tenancy he signed was a simple AST

        Thank you

        Comment


          #5
          I was nice and he used his deposit as a rent for one of the months so basically he is staying there without a deposit

          Thanks

          Comment


            #6
            s8 g1 repo needs to have been included in orig AST before T signed it. I guess it wasn't, as not part of 'standard' AST. So you are left with standard s21a repo as the quickest route, unless T has more than 2 months rent owing at time of hearing for a mandatory s8 g8 repo order, which could take 4+ month
            Did you protect Ts deposit and provide PI within timescale, or obtain Ts written consent that deposit could be used for outstanding rent? If not s21 may not be an option
            I fear T has got you by 'the short & curlys'.

            Comment

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