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    • Hmaginness
    • By Hmaginness 20th Apr 17, 2:11 PM
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    Hmaginness
    Evicting my tenants
    • #1
    • 20th Apr 17, 2:11 PM
    Evicting my tenants 20th Apr 17 at 2:11 PM
    Hi, i wondered if anyone can help advise on the best way to evict my tenants as soon as I can as I wish to sell my house.

    We are buying another property and I don't want to have to pay second property stamp duty which is a lot of money seeing as I want to sell the house and will not be gaining from it

    The AST finished at beginning March, 2017, my tenants signed up for a 6 month contract, but they are refusing to leave until they get a council house

    I am serving a section 21 today with a lawyer so everything should be ok and not rejected. I have a DPS and have always repaired the house when asked

    My questions are:
    - Will the council now prioritise the tenants as they have an S21 for a new council house to avoid court?
    - If we do go to court can i claim back any court costs?
    - Am I legally allowed to sell the house with them as tenants, bearing in mind that another landlord will have to take them on which I imagine is unlikely
    - are there any ways of getting them higher on the Council list priority list? 1 tenant works (but is now off with stress!) 1 doesn't and they have 3 children.

    I cant afford to go to court just because they don't want to leave, and I quote they 'want a garden'!!

    this will cost me thousands in second stamp duty and also who knows what in court fees which just isnt fair!

    Any help appreciated

    thanks
    Last edited by Hmaginness; 20-04-2017 at 3:39 PM.
Page 2
    • Pixie5740
    • By Pixie5740 20th Apr 17, 2:57 PM
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    Pixie5740
    The council won't help the tenants if they make themselves intentionally homeless i.e. if they choose to move out just because you've served them notice. Remember that your notice does not end the tenancy, that can only be done by the tenant or a court.

    Due to the shortage of social housing councils don't act as soon as someone is issued with a Section 21. Councils wait until bailiffs are physically removing the tenants before offering them something. If your tenants are waiting for social housing then you had better hunker down because it may take some time. You might not like it but thems the rules you chose to abide by when you chose to become a landlord. Equally your tenants might not be over-the-moon with what the council end up offering them. If they are lucky they will get a council or housing association property with a secure (well more secure than an AST anyway) tenancy but then again the council might just end up assigning them to another private rental.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • dirtycredit
    • By dirtycredit 20th Apr 17, 2:57 PM
    • 142 Posts
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    dirtycredit
    Are you also selling where you live currently? If you are are selling your current main residence you will not be liable for additional stamp duty even though you also own a Buy-to -let because you are replacing your main residence.
    Last edited by dirtycredit; 20-04-2017 at 3:06 PM.
    • theartfullodger
    • By theartfullodger 20th Apr 17, 3:02 PM
    • 9,040 Posts
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    theartfullodger
    I am not profiting from this property and merely want to sell and move on. I would never dream of digging my heels in and refusing to leave a property and so of course want to do what i can to avoid a bill of £000's
    Originally posted by Hmaginness
    One option available to you is to offer some of these £000's to the tenant to leave: Morally shaky perhaps... morally somewhat fairer perhaps in that it wouldn't just be you benefiting from this tax "contortion".

    You've been renting the place out & not profiting from that? Oh well, free country (!?!)

    Cheers!
    • Hmaginness
    • By Hmaginness 20th Apr 17, 3:02 PM
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    Hmaginness
    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
    • Penitent
    • By Penitent 20th Apr 17, 3:03 PM
    • 1,461 Posts
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    Penitent
    OP if you sell your tenanted property within 3 years of buying your new property you can claim your additional stamp duty back.

    Are you also selling where you live currently? If you are are selling your current main residence you will not be liable for additional stamp duty even though you also own a Buy-to -let because you are replacing your main residence.
    Originally posted by dirtycredit
    Are you sure about that? I thought you could only claim it back if you sold your old main residence within three years of buying your new main residence.
    • Pixie5740
    • By Pixie5740 20th Apr 17, 3:07 PM
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    Pixie5740
    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.
    Originally posted by Hmaginness
    It's got SFA to do with the tenants how and when you decide to sell the property. If you sell it when them in-situ the new owner will become their landlord and their tenancy will just continue.

    Would the council need to know this aswell?
    Originally posted by Hmaginness
    I doubt they'd be in the slightest bit interested.

    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
    Originally posted by Hmaginness
    The council aren't there to advise you as a landlord. As a landlord you are supposed to know what you are doing. You chose to let out the property. You chose to accept rent. You chose to abide by the laws of an AST and the eviction process is covered by those laws.

    The only thing you can do is follow the due process and providing you have dotted all the i's and crossed all the t's you will get your possession order.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • dirtycredit
    • By dirtycredit 20th Apr 17, 3:07 PM
    • 142 Posts
    • 237 Thanks
    dirtycredit
    Are you sure about that?
    Apologies - you're right the refund only applies to main residences also. I've edited the comment.
    • theartfullodger
    • By theartfullodger 20th Apr 17, 3:08 PM
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    theartfullodger
    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.....................
    Originally posted by Hmaginness
    I take it the "they" is the tenants? If so, you are perfectly entitled to sell the place with them staying, you don't need their permission. (Actually, they don't even have to know until after completion, albeit it would be polite to inform them, obvs...)

    They, equally (unless some very untypical & rare clauses are in the tenancy) don't have to permit viewings, surveys, valuations, etc etc etc...: {The usual "24 hrs notice for an inspection" doesn't cover the visits listed above}. Nothing to stop you offering a significant rent drop (say 50%) to permit such interruptions to their quiet enjoyment.

    Cheers!
    • Hmaginness
    • By Hmaginness 20th Apr 17, 3:08 PM
    • 6 Posts
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    Hmaginness
    Are you also selling where you live currently? If you are are selling your current main residence you will not be liable for additional stamp duty even though you also own a Buy-to -let because you are replacing your main residence.
    Originally posted by dirtycredit
    Unfortunately not, I am moving from rental myself. I had to move house and cities so rented elsewhere ... mistake!
    • pinkshoes
    • By pinkshoes 20th Apr 17, 3:10 PM
    • 15,320 Posts
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    pinkshoes
    Thanks for the commentzs, 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
    Originally posted by Hmaginness
    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?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • Hmaginness
    • By Hmaginness 20th Apr 17, 3:23 PM
    • 6 Posts
    • 0 Thanks
    Hmaginness
    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?
    Originally posted by pinkshoes
    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)
    • Pixie5740
    • By Pixie5740 20th Apr 17, 3:33 PM
    • 11,089 Posts
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    Pixie5740
    Unless there is an abundance of social housing in the area then the chances of them getting a council property, never mind one with a garden are slim to none. It's more likely that they will be placed in emergency accommodation. Let them live in Fantasyland. You won't be able to reason with them so just plough ahead with getting a possession order.

    I don't know the ins and outs of this but I believe that rather than relying on County Court bailiffs to evict the tenants once the possession order has been granted it is possible to kick it up the High Court and have High Court Enforcement Orders carry out the eviction. It's faster than waiting for the County Court bailiffs but it is more expensive.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • ognum
    • By ognum 20th Apr 17, 3:42 PM
    • 4,474 Posts
    • 6,741 Thanks
    ognum
    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
    Originally posted by Hmaginness
    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
    • By ognum 20th Apr 17, 3:44 PM
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    ognum
    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)
    Originally posted by Hmaginness
    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
    • By ognum 20th Apr 17, 3:45 PM
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    ognum
    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?
    Originally posted by pinkshoes
    They will have no court costs, LL pays court costs!
    • Leo2020
    • By Leo2020 20th Apr 17, 3:57 PM
    • 886 Posts
    • 651 Thanks
    Leo2020
    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
    • By ognum 20th Apr 17, 4:15 PM
    • 4,474 Posts
    • 6,741 Thanks
    ognum
    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.
    Originally posted by Leo2020
    Where do you live please?
    • Vodkalass75
    • By Vodkalass75 20th Apr 17, 4:18 PM
    • 36 Posts
    • 27 Thanks
    Vodkalass75
    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
    • By Cheeky_Monkey 20th Apr 17, 4:31 PM
    • 1,368 Posts
    • 2,652 Thanks
    Cheeky_Monkey
    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
    • fed up and stressed
    • By fed up and stressed 20th Apr 17, 4:42 PM
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    fed up and stressed
    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
    Originally posted by Cheeky_Monkey
    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...


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