tenant won't move out

saidan

:mad:

I am very annoyed.

Solicitor issued section 21 - runs out in april.

Tenant has today told me they will not be moving out.

So now I am forced to take it to court.

Tenant is saying the council will not house her because if she moves out she is making herself homeless - is that true? I thought with a section 21 the council would re-house them as they are being evicted.

Tenant is also saying that they will not allow letting agents etc in - despite me giving more than 24hours notice. We have to go there tomorrow and they are so far saying they will not give access.

Bond is protected in scheme - at the end of all of this (when they have with-held rent following the section 21, caused damage to the property, and caused me a huge bill to take it through court) will they simply be able to just get the full bond back?

It is in my solicitors hands - but I am dreading the bill!

thanks for any advice - reassurance is really what I need at the mo :mad:

theartfullodger

Your issuing a S21 notice is simply you exercising your legal right to start (start only mind...) ending the tenancy..

What the tenant is proposing is simply him exercising his legal rights (that's fair ain't it??). Why would one be annoyed at any citizen doing what you've done, exercising their legal rights??

A S21 notice does not end a tenancy: It is not a notice to quite. It has NO EFFECT on the tenancy. It simply allows you, on expiry, if notice is valid, to start eviction process.

We are talking about someone else's home, someone else's property eh?? (see...
http://www.landlordlawblog.co.uk/2010/08/31/urban-myth-when-a-landlord-lets-a-property-its-still-his/

It will still be the tenant’s property, even though he or she may not be paying the rent.

)

NB You refer to tenant as "it" (charming..). If tenant is not a human being (eg a company..) then tenancy can't be an AST so S21 doesn't have any relevance anyway...

Cheers!

Artful

saidan

any person with morals would have sorted the problem before they were even issued a section 21

once issued any person with morals would co-operate with the landlord and move out at the end of the section 21

the legalities are neither here nor there - we have abided by them because we are law abiding citizens with good morals - obviously we cannot say that about our tenants

the IT i made reference to, was the situation. 'The situation is in my solicitors hands'.....i have referred to my tenant as she or they throughout.

so any real reassurance here ( i expect that will only come from other landlords who have been here, spent a fortune!) ....or anyone to answer my questions without trying to make me look bad?

warmhands.coldheart

I know a few folk who would solve your problem for a small fee.... but then that would be illegal !!

theartfullodger

I am a landlord: I have had to evict tenants: I have been owed thousands (much less now,.).

But if I hear another landlord whinging about how things are so terrible for them I'll starting thinking, again, how things were before Thatcher brought in S21..and should they perhaps reflect on the hugely privileged legal position they are in.

Sigh!

Follow the legal processes: Don't get annoyed: stay calm, don't moan. In summary, SUMO!!

Cheers!

Artful

Tixy

I believe your hands are tied - they do not have to allow lettings agents in to the property whilst they are the occupiers.

Regarding the section 21 - if they decide to push it all the way to court then you will have to go that route.

Bond is protected in scheme - at the end of all of this (when they have with-held rent following the section 21, caused damage to the property, and caused me a huge bill to take it through court) will they simply be able to just get the full bond back?

If they cause damage to your property then you would be able to withold the bond or some of the bond for that damage (assuming you can prove that they caused it and how much it has cost you to repair etc).

sleepless_saver

saidan wrote: »

:mad:


Tenant is saying the council will not house her because if she moves out she is making herself homeless - is that true? I thought with a section 21 the council would re-house them as they are being evicted.

Yes, what your tenant tells you is true. The council will expect her to stay until the bitter end of the legal process before they will treat her as homeless.

jjlandlord

Councils do not want to re-house people, so they try to avoid doing it, or to delay it as much as they can.
A tenant can hold to the property until bailiffs physically evict them, so that's what council advise them to do...

rentergirl

Renting out property is a business, and as such things can go wrong. You should have insurance. And yes, they won't go just because you've 'asked' them.

ILW

Landlording is a business like any other. There are risks involved which need to factored in. Court fees etc are deductable against taxable profits.

saidan

thanks for the input

seems we will have to wait for a while longer - it is so hard to not get stressed out over the whole thing

i can't believe that the tenants would allow their children to be exposed to a bailiff removing them from the house eventually - as a mother i'd be desperately trying to find somewhere for them to live - as it is the mother is laughing in my face and saying they'll stay put till the end

reading now on the council housing website they cannot be rehomed if they are being evicted for anti-social behaviour - so now i understand why she is saying they will not be rehoused :mad: