tenant won't move out

recession · 29 March 2012 at 12:43PM

saidan - I have also experienced the same issue as you. It will be best to prepare yourselve that this could take another few months. I have got an order for possession, however the tenant is very similar to your with kids and refusing to go. And now I need to sort out baliffs, the baliffs appointment could be in a couple of weeks or if they are very busy it could be a few months.

saidan · 29 March 2012 at 12:52PM

thanks recession - yes it is a nightmare isn't it.....

how long did it take you to go to court and get the posession order? and can i be cheeky and ask how much it has cost you?

thanks.

BitterAndTwisted · 29 March 2012 at 12:57PM

Councils do not have dozens of empty properties just in case people need to be re-housed at short notice, so they often do anything they can to deflect applications they cannot fulfill. They often can only help those who are in IMMINENT danger of homelessness and bailiffs at the door means it really is imminent rather than a vague threat. Even then, they can often only offer hostel or B&B accommodation or try and help the tenants to find a private let. Most especially anti-social tenants. Although how the council would know these tenants are anti-social I do not know.

Your tenant's deposit can be claimed if you have documentary evidence of unpaid rent or damage to the property. I just hope for your sake that the deposit is in excess of whatever amount you will need to claim from it.

Let the repossession process take its course. if your solicitor has issued the documentation correctly you will get possession.

There is nothing you can do to force this tenant to give you access to the property if they are intent on preventing it, so please try and not lose any sleep over it.

Harassed_Helen_2 · 29 March 2012 at 1:03PM

As a tenant in a very high priced property, who pays the rent, but gets no action from her landlord when major problems occur (I have one non functioning shower, the other leaks through the ceiling, and has done for several weeks, though we have had a plumber round to give a quote a fortnight after I reported the leak), I have sympathies for your tenant.

Why do you want this tenant out? Is it so you can bring in a new tenant at a higher rent?

If you choose to be one of the many thousands of multi rental properties for profit, thereby creating a self-perpetuating problem with affordable housing, then perhaps speaking to this tenant might be better than threatening to evict her. Have you given any thought to her problem of trying to find another home?

alessev1 · 29 March 2012 at 1:09PM

That tenant 'want' to be evicted, so can be re-housed by council.Most likely council will give them temporary accomodation, but only after they are evicted. Any way they business, you need at least the house back.
In the end of S21 just go to the court. You will need for for Claim to possession of property.It will cost about £175 for the county court - if you r not claiming any money from them. To claim any money owed will be more + the solicitors fee.
I hope it goes well. Good luck.
Hate 'tenants' like that.

sonastin · 29 March 2012 at 1:18PM

Feel free to be annoyed but don't get stressed by it. It is one of the risks of the business you are in.

There is no point for pushing the tenant into letting people view the property when you still don't know when the property is going to be available. Last thing you want is to have another tenant lined up only to find that they can't move in because this one hasn't left yet. Wait until you have an eviction date from the courts/bailiffs and/or she leaves of her own accord. If it is the latter, you can be grateful that it saves you the court fees rather than stressed over the void period.

BitterAndTwisted · 29 March 2012 at 1:25PM

Harassed_Helen wrote: »

As a tenant in a very high priced property, who pays the rent, but gets no action from her landlord when major problems occur (I have one non functioning shower, the other leaks through the ceiling, and has done for several weeks, though we have had a plumber round to give a quote a fortnight after I reported the leak), I have sympathies for your tenant.

Why do you want this tenant out? Is it so you can bring in a new tenant at a higher rent?

If you choose to be one of the many thousands of multi rental properties for profit, thereby creating a self-perpetuating problem with affordable housing, then perhaps speaking to this tenant might be better than threatening to evict her. Have you given any thought to her problem in trying to find another home?

Honestly, who cares what her problems are? She's withholding or not paying the rent, the property has been damaged and she's anti-social. All self-inflicted and totally avoidable.

Your own problems with your landlord have nothing to do with this. You have remedies at your disposal to ensure necessary repairs are undertaken. I suggest you get on with it.

saidan · 29 March 2012 at 1:26PM

Harassed_Helen wrote: »

As a tenant in a very high priced property, who pays the rent, but gets no action from her landlord when major problems occur (I have one non functioning shower, the other leaks through the ceiling, and has done for several weeks, though we have had a plumber round to give a quote a fortnight after I reported the leak), I have sympathies for your tenant.

Why do you want this tenant out? Is it so you can bring in a new tenant at a higher rent?

If you choose to be one of the many thousands of multi rental properties for profit, thereby creating a self-perpetuating problem with affordable housing, then perhaps speaking to this tenant might be better than threatening to evict her. Have you given any thought to her problem of trying to find another home?

I am sorry you are so bitter towards landlords

athough we are evicting we have repaired something in the property on 2 occasions since issuing the section 21 - just this morning in fact we had a plumber unblocking her sink.

the rent remains the same whoever lives there - has nothing to do with money - we cannot re-let the property till they are gone so we will loose at least a month or two's rent. add that to the cost of our solicitor, the cost of the section 21, the court fee, the possession order fee - and i think you'll find I will be hugely out of pocket :mad:
all the while housing benefit pays the rent - and legal aid will help find them a way to stay in the house despite the legal proceedings going on.

I understand there are problems finding a new home - particuarly because they are being evicted for anti-social behaviour - but quite frankly they should have thought about that before they continued the behviour - they had several informal chats, a verbal warning and a written warning before the section 21 was issued.

some landlords are just good people who for whatever reason have had to rent our their house - but of course you wouldn't want to consider that would you

BitterAndTwisted · 29 March 2012 at 1:32PM

You engaged a plumber to unblock a sink? That's one charge I would be adding to the deductions from her deposit. She blocked the sink, she pays. Blockage outside the house not caused by the tenant? You pay.