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

terryw

It would be a good idea to read up on "accelerated possession procedure section21" via MSE, landlordzone and google as well.

theartfullodger

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?

Yup!. Councils are under a lot of pressure to spend less, and many consider wouldn't want Council to start paying for accommodation @ our expense before they absolutely have to, would we??

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

Yup: But that's a business expense to go on your tax return... We all wish to abide by the law & do things right, eh?

I am so angry and upset about this whole matter

Sorry but as a Landlord these little trials come along from time to time: Do all you can to handle it as though it was a job, and try not to get emotionally involved (hard I know). There are much much worse things you could be experiencing....

Good luck with baby.. best wishes!

Lodger

tinkwings

Thanks.

I have been reading up on "Gatekeeping" seems it is pretty wide spread.

tbs624

tinkwings wrote: »

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.

You misunderstand what a s21 Notice is - 5th Sept is not "her eviction date".

As Clutton says, join up to a LL association -the RLA, NLA - or Landlordlaw so that you can learn how the process works.

clutton_2

A S21 notice is a notice that gives the tenant notice that you INTEND to ask the court for possession of your propery.... so once the S21 has expired next month, you then complete the forms, submit them to the court pay £150 and wait for a court hearing... the tenant may or may not turn up... but as long as you have correctly completed the S21 the judge HAS to grant possession... the court slot for the hearing could be 1-2 months after you apply (depends how busy the court is ) and the judge will probably give her 28 days to leave....

However... she does not have to leave even then

if she does not... you must go to the court, buy a Bailiffs warrant for £95 and wait for the Bailiff to hoik her out on the pavement... You may have to wait another 2-3-4 weeks .... many tenants leave at this point rather than suffer this ignomy ....

even after a bailiffs warrant has been granted, a tenant can STILL ask for a court hearing to ask for an extension of time.... a judge cannot increase the time she can stay beyond 42 days...

so, you may realise that she could still be there at Christmas.... on the other hand she may go quietly ... no on can tell...

as i said.. join NLA and you will feel supported by professionals who will explain all this to you .....

if she leaves without a court order some councils will deem her as having made herself voluntarily homeless and will not then rehouse her.....

welcome to the time consuming and frustrating world of landlording.....

bw

MissMoneypenny

Did your tenant give a deposit and if so, did you put it in one of the deposit schemes?

tinkwings

MissMoneypenny wrote: »

Did your tenant give a deposit and if so, did you put it in one of the deposit schemes?

Hi Yes the deposit has been put into a scheme

tinkwings

UPDATE

Thanks for the help & advice.

I made a complaint to the council about the housing officer that I had heard nothing from despite my e mails. I got a call from her boss on Thursday to say that. They have to give tenants advice but that they do not advoctae the tenant staying in the property past the date on the section 21 notice due to them being liable for costs etc and upsetting private landlords.

She advised me that everything was being done to rehome the tenant and that I would have communication from them on or before the 5th September with an update and that if the tenant needed longer in the property that this would be negoiated with me.

princeofpounds

Don't negotiate. If you do, you risk invalidating your section 21. Move along with the procedure and sooner or later you will get the place back - it is a 100% certain method of gaining possession if done correctly.

Make sure your section 21 is utterly precise. Even getting the wording wrong can cause it to be thrown out.

The council will probably kick into gear once possession is granted.

tinkwings

princeofpounds wrote: »

Don't negotiate. If you do, you risk invalidating your section 21. Move along with the procedure and sooner or later you will get the place back - it is a 100% certain method of gaining possession if done correctly.

Make sure your section 21 is utterly precise. Even getting the wording wrong can cause it to be thrown out.

The council will probably kick into gear once possession is granted.

Thanks the section 21 was done by a solicitor and the council agreed back in June in writing that it was all legal and correct.