Tenant refuses to vacate

jay3_2

Hi all. I let a property via a lettings agency, with an AST.

The tenant gave notice last month, advising that he found the rent too high and wished to move to a cheaper property.

New tenants have been lined up, and are due to move in shortly. However, now the current tenant is refusing to leave, saying he cannot find a cheaper property. My agent advises me that there is nothing suitable at the rent he wishes to pay in the local area.

I am of course working with the agents to decide the best way out of this mess, and may be forced to serve the necessary legal notices, but does anyone have experience of a similar situation, and would they like to share any tips?

The tenant has been OK in all respects up to now, despite being late with the rent a couple of times (understandable owing to work circumstances), and I'm sympathetic to his plight, but suddenly announcing that he's staying on the day he was supposed to vacate has changed my mind...

BitterAndTwisted

When was the original AST signed and what was the duration of the term? If the original AST has expired then you will need to serve your tenant with a Section 21 Notice, also known as a "no-fault" one giving two months notice coinciding with the rent-payment period.

If your tenant can't afford the current rent and can't find an alternative property at a lower rent this bodes ill for the future and I would seek to evict them asap, especially after messing you about at the eleventh hour.

jay3_2

Thanks, I think eviction is my best route now, though I'm somewhat reluctant to admit it to myself. The original AST was 6 months, and expired many months ago (I don't have the paperwork with me). My agent mentioned an accelerated possession might be possible?

I'm also gutted for the prospective tenants - a working couple with excellent references, who are now placed in a very difficult position because their existing LL needs possession. Quite apart from all the legal stuff, it seems so unfair.

BitterAndTwisted

I've no idea what this "accelerated possession" might be. Presumably it's the S21 I mentioned. This would give the current tenant two months to vacate. I honestly don't think they deserve anything else after giving notice and then refusing to move at the last moment. Kindly note that unless the tenant's deposit is in one of the official deposit-protection schemes, a Section 21 Notice will inevitably be invalid so you should check with the agents about which scheme the deposit is lodged with if you didn't protect the deposit yourself.

teeni

BitterAndTwisted wrote: »

I've no idea what this "accelerated possession" might be. Presumably it's the S21 I mentioned. This would give the current tenant two months to vacate. I honestly don't think they deserve anything else after giving notice and then refusing to move at the last moment. Kindly note that unless the tenant's deposit is in one of the official deposit-protection schemes, a Section 21 Notice will inevitably be invalid so you should check with the agents about which scheme the deposit is lodged with if you didn't protect the deposit yourself.

Accelerated possession is an application for possession based on a s21 notice that is used where the landlord only want spossession and is making no other claims.

It is usually comducted on the paperwork in the judges chambers with no hearing to attend.
process is as follows
app to court on specific form asking for accelerated possession.

defence documents sent to defendant with 14 days to return if no defence issues matter dealt with in chambers and possession order granted.

If the judge is not happy that the paperwork is correct he can dismiss the case at this stage or if a defence is issued a date for a hearing will be set.

Hope that helps

DVardysShadow

Odd situation. Once the Tenant's notice expires, I would guess there is no tenancy?

So if he stays, he is a squatter and can be dealt with as such?

teeni

DVardysShadow wrote: »

Odd situation. Once the Tenant's notice expires, I would guess there is no tenancy?

So if he stays, he is a squatter and can be dealt with as such?

funily enough has a cl in today who was in that position, he has given notice in a daft moment and now finds notice due to expire on monday and nowhere to go.

Luckily for him the tenancy is a joint tenancy and only he signed the notice to quit and as the notice was dated incorrectly it was invalid.

G_M

What we need a someone to start a campaign to change the law so that tenants cannot mess landlords around like this...

poppy10_2

DVardysShadow wrote: »

Odd situation. Once the Tenant's notice expires, I would guess there is no tenancy?

So if he stays, he is a squatter and can be dealt with as such?

I seriously doubt it

FATBALLZ

I believe that the tenant does not have to leave until you have a court order. Once your S21 expires, if it was actually valid, you can go through the process of getting one.

In the meantime you will be in breach of contract with your new tenants if you have signed a contract with them for a tenancy you aren't in a position to provide. Be prepared to pay their costs as they could well be entitled to compensation in light of this.