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  • FIRST POST
    • Hmaginness
    • By Hmaginness 20th Apr 17, 2:11 PM
    • 6Posts
    • 0Thanks
    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 3
    • Arleen
    • By Arleen 20th Apr 17, 4:51 PM
    • 884 Posts
    • 658 Thanks
    Arleen
    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.
    Originally posted by fed up and stressed
    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
    • By Cheeky_Monkey 20th Apr 17, 4:51 PM
    • 1,208 Posts
    • 2,258 Thanks
    Cheeky_Monkey
    @ 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.
    • Hasbeen
    • By Hasbeen 20th Apr 17, 5:13 PM
    • 886 Posts
    • 644 Thanks
    Hasbeen
    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
    Originally posted by Hmaginness
    It should take about 6 months to evict and obviously no rental income and approx. £2000 in costs they have more rights than you and the contract is only binding on Landlords side
    • ognum
    • By ognum 20th Apr 17, 6:06 PM
    • 4,459 Posts
    • 6,684 Thanks
    ognum
    It should take about 6 months to evict and obviously no rental income and approx. £2000 in costs they have more rights than you and the contract is only binding on Landlords side
    Originally posted by Hasbeen
    There will be rental income if the tenants want council housing, no rent equals intentionally homeless which means no local authority housing!
    • Leo2020
    • By Leo2020 21st Apr 17, 7:06 AM
    • 873 Posts
    • 640 Thanks
    Leo2020
    Where do you live please?
    Originally posted by ognum
    Sheffield. I know someone who asked their landlord to evict them so they could get a council property and just write a letter to that effect. Someone who got their mother to write a letter saying they were being thrown out and both times they got a council house.

    Also a landlord that has written letters for their tenants saying they were being evicted and these were taken to the council and their tenants given council homes.
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