HELP! we are landlords section 21 issued tenant not planning on going. What can we do

tinkwings

Hi we are landlords we have issued our tenant with a section 21 giving her over 2 months notice of her eviction date 5th September 2010.

I saw her yesterday and she was getting help from the local council with her rent (her children are now both over 18 and not in education, so she is no longer eligible) and is on the council housing list but as she has two cats they are not allowing her to have the properties that are coming up for her on the list because of the cats.

She said to me is passing yesterday that as it stands she will have no where to go on her notice date 5th September and that the council have told her to stay put in OUR house and that we will need to evict her???:mad: Is this right? Can they do this?

That means we have more monies to pay out for courts etc i presume??? :mad:

I am so angry and upset about this whole matter I have E Mailed the housing lady who is her mentor at the council and she has not even bothered to respond. :mad:

We are only selling the house as I am expecting a baby and we want to use the equity from this house to fund my maternity leave and pay off a chunk of our main home. The tenant is a so called friend but the whole process is turning into a complete nightmare.

Please help me............Thank you.

terryw

You have no legal option but to go through the court procedure fora possession order. Sorry.

Googlewhacker

unfortunately it is true and can take months and I do feel for you but it is a pitfall of running a businss (which is what being a landlord is)

clutton_2

yes they can.... the law says that no tenant can be forced to leave unless a court orders them to do so....

you are clearly out of your depth here...

as a LL of 11years, my best advice to you is to join national landlords association and get their legal helpline to talk you through the court applicaiton process, which will take a few months, their number is 02075 828172

the joining fee is tax deductible as a legitimate business expense.

what date did she sign the agreement, what is date at the beginnng of the fixed term and when did you serve the S21 ?

is she overdue any rent ?

Jowo_2

Is your tenant in rent arrears?

Yes, the council probably have told her to stay put until you get a court order.It's a process known as gatekeeping where they try to cut down on demand for their services by letting the tenant know that they will be considered to have made themselves intentionally homeless if they leave ahead of the court order for possession.

They are not supposed to do this - it is against the guidance issued to local councils which urge them not to do this when it is clear that there is every chance the judge will find in the landlord's favour. Some landlords take the local council to court to recoup their court fees associated with the eviction. Ask the Landlordzone rental forum for the exact guidance issued to local authorities on this topic and the body that you need to complain to (some kind of local council ombudsman). Then go see your local MP to complain about this and so you can demonstrate to them why it is that many landlords refuse to have LHA tenants in their properties as the council policies when they are served notice which means they are harder to evict deters many from offering tenancies to them.

sequence

You could try looking for places for her and send her the details. Might be considered harassment though.

This is the danger of going into the letting business.

tinkwings

clutton wrote: »

yes they can.... the law says that no tenant can be forced to leave unless a court orders them to do so....

you are clearly out of your depth here...

as a LL of 11years, my best advice to you is to join national landlords association and get their legal helpline to talk you through the court applicaiton process, which will take a few months, their number is 02075 828172

the joining fee is tax deductible as a legitimate business expense.

what date did she sign the agreement, what is date at the beginnng of the fixed term and when did you serve the S21 ?

is she overdue any rent ?

Thanks.

She moved in 06 April 2009 on a 6 month SHT then it has been on a rolling month basis since then. We served the section 21 on the 15th June 2010 the expiry date of the notice 5th Sept 2010.

The Rent is currently not in arreas.

tinkwings

Jowo wrote: »

Is your tenant in rent arrears?

Yes, the council probably have told her to stay put until you get a court order.It's a process known as gatekeeping where they try to cut down on demand for their services by letting the tenant know that they will be considered to have made themselves intentionally homeless if they leave ahead of the court order for possession.

They are not supposed to do this - it is against the guidance issued to local councils which urge them not to do this when it is clear that there is every chance the judge will find in the landlord's favour. Some landlords take the local council to court to recoup their court fees associated with the eviction. Ask the Landlordzone rental forum for the exact guidance issued to local authorities on this topic and the body that you need to complain to (some kind of local council ombudsman). Then go see your local MP to complain about this and so you can demonstrate to them why it is that many landlords refuse to have LHA tenants in their properties as the council policies when they are served notice which means they are harder to evict deters many from offering tenancies to them.

Thank you for your advice.

tinkwings

sequence wrote: »

You could try looking for places for her and send her the details. Might be considered harassment though.

This is the danger of going into the letting business.

We have tried !!! She had a house lined up to rent but when the council changed her housing benefits she could no longer afford the rent on it. :mad:

Riq

Sell her cats.

Council will then rehome.

tinkwings

riq wrote: »

sell her cats.

Council will then rehome.

good point!