Tenant refuses to leave- section 21 Notice

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    Tenant refuses to leave- section 21 Notice

    Hi,
    I have a problem. I hope someone can help.

    My estate agent gave my tenant 6 months tenancy agreement. She receives housing benefit. The tenancy agreement ended end of last month. During this 6 months period the tenant was a pain, she kept calling agency to fix this and that. The agency called me and said if I dont fix it then they will and they will take money from rent. I ended up doing the work with my builders because the agency charged too much. They charge £50 for a £30 job, and they pocket the £20 for themselves. The agency has their own builders who write whatever they ask them to write in the receipt. So basically I regret getting the agency involved, because I end up doing everything myself anyway.

    The 6 months ended, now the tenant does not leave. She wants me to give her court notice. I would like to know how much the court notice cost, and the procedure involved in evicting the tenant. During this eviction period would the tenant be liable to pay the rent? I have mortgage to pay and cant afford to pay it without the rent. Can I give the tenant 3 months tenancy agreement, and give her court notice too so that she will have to definantly leave at the end of the 3 months? Can someone help.

    Thank you.

    #2
    Unless your money grabbing agent issued your tenant with a section 21 notice more than two months ago you now have to do this, giving her two months notice to vacate ending on a rent day. When this notice expires you can then apply to the court for the possession order, which if necessary can then be enforced by county court bailiffs. I suspect that your tenant is doing this to force the local council to give her some accommodation. Councils are not keen on doing this if tenants intentionally try to get themselves evicted, so tell your tenant that if you have any more trouble you will advise the council accordingly. Thus she will be evicted from your property and the council will refuse to re-home her!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      The tenant is liable to pay rent whilst they are in the property. Anything they do not pay can be claimed back via court.
      All posts in good faith, but do not rely on them

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        #4
        Originally posted by P.Pilcher View Post
        Unless your money grabbing agent issued your tenant with a section 21 notice more than two months ago you now have to do this, giving her two months notice to vacate ending on a rent day. When this notice expires you can then apply to the court for the possession order, which if necessary can then be enforced by county court bailiffs. I suspect that your tenant is doing this to force the local council to give her some accommodation. Councils are not keen on doing this if tenants intentionally try to get themselves evicted, so tell your tenant that if you have any more trouble you will advise the council accordingly. Thus she will be evicted from your property and the council will refuse to re-home her!

        P.P.
        Thank you.

        Comment


          #5
          Originally posted by Bel View Post
          The tenant is liable to pay rent whilst they are in the property. Anything they do not pay can be claimed back via court.
          Can I just confirm, is this true even if the tenant does not sign a new tenancy agreement?

          Comment


            #6
            Yes it is true
            Please note i may be in pumpkin mode, the light might be on but i may not be here

            Comment


              #7
              Originally posted by cillitbanger View Post
              Yes it is true
              ...because, once the fixed term expired, the tenancy became a monthly periodic tenancy by automatic operation of law: s.5(2) of Housing Act 1988.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                My tenant has been issued with a section 21 notice more thann 2 months ago with notice to vacate ending on a rent day. She has ignored the notice and is still in the property. I will issue a repossession order which I expect the tenant is keen for me to do as she has applied to the council for rehousing. Do you think I should inform the council what is happening?

                Comment


                  #9
                  Full info on possession process is here

                  http://www.landlordzone.co.uk/Possession.htm

                  Full info on how to choose a letting agent is here

                  http://www.landlordzone.co.uk/agents.htm

                  Have a look at the Shelter website which gives information about the local authorities obligation to house tenants who apply as homeless. It indicates that council's may consider tenants who are being evicted for arrears (when they could have but did not pay rent) as intentionally homeless and will not provide them with housing.

                  Here's a thread on a similar topic

                  http://www.landlordzone.co.uk/forums...0451#post60451

                  Cuteboxer dog - presumably the tenant will inform the council the eviction is taking place when they apply to them for assistance.

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