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

tinkwings

pawlala wrote: »

would they have been able to pursue a s21 on your behalf do you know?

The s21 has been issued. If the T stays beyond the date of that eg 5th Sept we will have no choice but to go through the courts to get her out. :mad:

tomitma

Yep it is true, in fact the tenant is in a very difficult position, if she leaves the property on the date you wanted. She has then made herself homeless, and the council will not have to rehouse her, whilst you are evicting her, she has more help from the council, they have to find her some where.

tbs624

Tomitma - you may like to look back at a few earlier posts on what Council's should/shouldn't do.

tinkwings

UPDATE

I have spoken to the council again on Monday and go it confirmed in writing that we are able to put the house on the market and that the tenant will allow access to the property with notice for viewings and that we are garanteed that if a completion date comes along before she has been found a place to live that the council will re home her.:j

The tenant is happy with all this and has agreed for viewings etc etc.

RESULT I say. It means that we will get the rent paid whilst it is on the market. Fingers crossed that it will all work out in the end.

Just need to find a buyer now!

Jowo_2

Yes, but many buyers are put off by the presence of tenants, knowing that their refusal to leave can make vacant possession an issue.

Also, while your tenant has indicated their willingness to cooperate with viewings, you'll never know if they will put off the buyers in some way by the things they say about the property or area, or keeping the property dirty or cluttered, since a positive viewing can lead to their homelessness... Your tenant already has a history of sabotaging her exit by refusing offers of accommodation by the council - what makes you think she won't do this again.

I really think you should consider pressing ahead with the eviction process to help shift your property, rather than accommodate the tenant and the local council above your own plans.

Selling a property with a tenant in place in theory means the rent is getting paid while viewings take place but there are extra risks involved and less likelihood of it actually selling.

What is your priority - selling or renting - make your mind up?

elouis

Hi all,

I have been reading this and have found alot of the advice usefull as there are things i didnt know. I am a tenant that is currently going through the accelerted process, so i dont have rent arrears etc, i have always been a good tenant and have worked closelt with my landlord through out the whole thing my only problem is my local council, we are now at the fnl stage the possesion order has been granted, but the council still will not do anything they have told me until the bailifs are ordered which i always thought was wrong as i have informed them everystep of they way as to what is happening not as if i have just told them!! \i do not wish to inconvience my lanlord further, but i am stuck until the council get a move on, i am disgusted to discover that they are actually going against guide lines by making me stay until bailifs are ordered i m actually worried i will now incurr the bailif costs, i also do not know how long it will take once order has expired for them to come out, i have today after reading all the info told the council i am aware that they are going against guidelines hoping this will mke them move bt i do not hold out much hope, its very worrying waitng to be housed if they do it at all as they did say they could put me and my little girl is a hostel!! i do feel for my lanlord as they have done evertyhing right and kept me well informed but it is all becoming very frustrating!!

Wee_Willy_Harris

elouis wrote: »

Hi all,

I have been reading this and have found alot of the advice usefull as there are things i didnt know. I am a tenant that is currently going through the accelerted process, so i dont have rent arrears etc, i have always been a good tenant and have worked closelt with my landlord through out the whole thing my only problem is my local council, we are now at the fnl stage the possesion order has been granted, but the council still will not do anything they have told me until the bailifs are ordered which i always thought was wrong as i have informed them everystep of they way as to what is happening not as if i have just told them!! \i do not wish to inconvience my lanlord further, but i am stuck until the council get a move on, i am disgusted to discover that they are actually going against guide lines by making me stay until bailifs are ordered i m actually worried i will now incurr the bailif costs, i also do not know how long it will take once order has expired for them to come out, i have today after reading all the info told the council i am aware that they are going against guidelines hoping this will mke them move bt i do not hold out much hope, its very worrying waitng to be housed if they do it at all as they did say they could put me and my little girl is a hostel!! i do feel for my lanlord as they have done evertyhing right and kept me well informed but it is all becoming very frustrating!!

No mention, I notice, of what YOU have done. You've known about your landlords intention to evict for well over 2 months. You're a model tenant, so will have a good reference and the return of your deposit. Have already secured your current rented accommodation, I'm left wondering why you have been unable to secure alternative accommodation.

silvercar

elouis wrote: »

Hi all,

I have been reading this and have found alot of the advice usefull as there are things i didnt know. I am a tenant that is currently going through the accelerted process, so i dont have rent arrears etc, i have always been a good tenant and have worked closelt with my landlord through out the whole thing my only problem is my local council, we are now at the fnl stage the possesion order has been granted, but the council still will not do anything they have told me until the bailifs are ordered which i always thought was wrong as i have informed them everystep of they way as to what is happening not as if i have just told them!! \i do not wish to inconvience my lanlord further, but i am stuck until the council get a move on, i am disgusted to discover that they are actually going against guide lines by making me stay until bailifs are ordered i m actually worried i will now incurr the bailif costs, i also do not know how long it will take once order has expired for them to come out, i have today after reading all the info told the council i am aware that they are going against guidelines hoping this will mke them move bt i do not hold out much hope, its very worrying waitng to be housed if they do it at all as they did say they could put me and my little girl is a hostel!! i do feel for my lanlord as they have done evertyhing right and kept me well informed but it is all becoming very frustrating!!

Its called gatekeeping. Basically councils do not have spare housing capacity and by forcing you to wait until the baliffs arrive, they hope you will sort yourself out with a private rent. Lots of councils operate bond schemes to help you pay deposits, again in the hope that you sort out a private rental.

They could well put you in a hostel initially while they assess your claim. Councils have such limited capacity that they only help where they are legally obliged to do so. By putting initial applicants into hostels and B&B etc they can assess those they genuinely have to help. They can then move you to somewhere more suitable, but if they don't have suitable accommodation available it could well be a property that the council itself has leased from a private landlord.

Wee_Willy_Harris

silvercar wrote: »

Its called gatekeeping. Basically councils do not have spare housing capacity and by forcing you to wait until the baliffs arrive, they hope you will sort yourself out with a private rent. Lots of councils operate bond schemes to help you pay deposits, again in the hope that you sort out a private rental.

They could well put you in a hostel initially while they assess your claim. Councils have such limited capacity that they only help where they are legally obliged to do so. By putting initial applicants into hostels and B&B etc they can assess those they genuinely have to help. They can then move you to somewhere more suitable, but if they don't have suitable accommodation available it could well be a property that the council itself has leased from a private landlord.

As already stated, "Gatekeeping" is not as widespread as many believe. Most councils will advise the tenant to vacate at the end of the notice period as to stay longer would leave them liable to the LLs further costs. However, they also have a duty to got through all the options the tenant has, the eviction process and the availability of temporary accommodation. Often, when a council explains (correctly) that the tenant MAY stay after the expiry of notice, and that the only temp accommodation on offer is (sadly) grotty B+B, it's the tenant that decides to sit it out. Frankly I don't blame them. Part of the councils function when issuing housing advice is to enable the tenant to make an informed decision. But the decision to remain is, more often than not, the tenants.