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Evicting my tenants

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  • ognum
    ognum Posts: 4,842 Forumite
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    Hmaginness wrote: »
    Thanks for the comments, well some of them! I have also offered to sell the property with them as sitting tenants but they are refusing.

    Would the council need to know this aswell?

    As an aside, I cant speak to anyone that will help at the council as they are all telling me its client confidentiality and privacy. I understand this, but there has been no one to advise me on the best way forward for everyone

    The council will offer you no help the process is as I have stated there is no way round it you follow the process
  • ognum
    ognum Posts: 4,842 Forumite
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    Hmaginness wrote: »
    We thought of that, but they are only talking about getting a council house with a garden and that they don't want to rent privately again.

    I have to be careful as they may well bring up my offer in court and take it as harassment? Also im not sure what references they now have as the lead tenant isn't working and the second tenant has been in and out of work.....Ive had to forego rent whilst he finds new work (never missed 8 weeks rent though which is when you can legally evict through rent arrears)

    The process for legal eviction through rent arrears is the same as the process without rent arrears you will still not get the property for six months they won't get council housing though.
  • ognum
    ognum Posts: 4,842 Forumite
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    pinkshoes wrote: »
    The best way forward is to check the S21 has been served correctly (only valid of property protected), take it to court when it expires, then bailiff eviction.

    THEN sell it.

    Remind them they will need money to pay the court costs otherwise they will end up with a CCJ.

    Or could you offer to pay all their fees to let another property with an agent if they move out?

    They will have no court costs, LL pays court costs!
  • Leo2020
    Leo2020 Posts: 910 Forumite
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    My local council will rehouse with only a letter from the landlord saying the tenants are being evicted but I suspect my council is in the minority. Perhaps worth checking out though in case your council is the same.
  • ognum
    ognum Posts: 4,842 Forumite
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    Leo2020 wrote: »
    My local council will rehouse with only a letter from the landlord saying the tenants are being evicted but I suspect my council is in the minority. Perhaps worth checking out though in case your council is the same.

    Where do you live please?
  • Vodkalass75
    Vodkalass75 Posts: 39 Forumite
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    We are currently waiting for the possession order which will take 3-4 weeks then another 1-4 weeks for the baliffs to come round (they have no waiting list currently) & the council are in no hurry to house us. Filling out a homeless application on Monday & then see what happens with them.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    OP - as has already been said, you don't need your tenant's 'permission' to sell your house.

    I would suggest that you put it into an auction for 'investors only' and another landlord will buy it, if necessary, sight unseen and simply take over your tenants.

    Put a 28 day completion clause in the Contract and, Bob's your Uncle, Fa**y's your Aunt, job done! You can laugh all the way to the bank while they're still sitting there 'demanding' a Council house with a garden :rotfl::rotfl:
  • fed_up_and_stressed
    fed_up_and_stressed Posts: 1,673 Forumite
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    Cheeky_Monkey wrote: »
    OP - as has already been said, you don't need your tenant's 'permission' to sell your house.

    I would suggest that you put it into an auction for 'investors only' and another landlord will buy it, if necessary, sight unseen and simply take over your tenants.

    Put a 28 day completion clause in the Contract and, Bob's your Uncle, Fa**y's your Aunt, job done! You can laugh all the way to the bank while they're still sitting there 'demanding' a Council house with a garden :rotfl::rotfl:

    However selling to another landlord with tenants in situ would probably result in a lower offer than if the house were sold with vacant posession to a potential new owner / resident.
    Spelling courtesy of the whims of auto correct...


    Pet Peeves.... queues, vain people and hypocrites ..not necessarily in that order.
  • Arleen
    Arleen Posts: 1,164 Forumite
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    fed_up_and_stressed wrote: »
    However selling to another landlord with tenants in situ would probably result in a lower offer than if the house were sold with vacant posession to a potential new owner / resident.
    A rather moot point if you cannot even afford to go through the eviction process. That is the big issue that most people in property forget - if you ever have to cash out early, expect heavy losses.
  • Cheeky_Monkey
    Cheeky_Monkey Posts: 2,072 Forumite
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    @ fed up and stressed - That may well be but by the time the OP has waited until next year to finally evict the tenants after having had to pay the Court costs, they may decide it's worth it to get rid of the hassle and move on.
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