Sold my house but worried tenant wont leave

squirehorse

Any advise gratefully received! I have a shared ownership property which has been on the market since Oct 2008 when i moved in with the boyfriend. Housing Association agreed i could sublet it which i did for some time. I agreed to let a new tenant move in on a 6 month contract back in Dec 2011, even know i knew she had 3 kids (its only a 2 bed) and she was on benefits (gave her the benefit of the doubt and am a nice person!). Anyway ive had loads of complaints about her and have now, finally sold the house, which is all going through, hoping to exchange contracts soon. I have served her a Section 21 Notice which expires June 5th but she has told me if the Council do not rehouse her to somewhere that 'meets her standards' then she will not move! Does anyone know where i will stand legally? Mainly i need to know, if contracts exchange before 5th June, which i am sure they will, will i be accountable to the buyers? If i need to go through the Courts to evict her can i use her deposit to pay for Court costs? I have done nothing but try to help this lady, i've even helped her sort out her utility bills when she got in a muddle, fixed problems she has reported within 24 hours and gone above and beyond what i have had to do. I am so worried (after 4 times of the house sale falling through before!) i am loosing sleep, which, at 4 months pregnant i do not need. I am just thinking ahead, so advice people?? Thank you. (NB, the Housing Association have no interest in helping me, even though they own half the house!).

betmunch

You will not exchange before she has vacated so 5th June at the best. If you do exchange before shes gone then someones solicitor has gone wrong.

You must make sure the property is vacant.

theartfullodger

I would not expect tenant to leave until after S21 expires (nb many are incorrect & invalid..), then until you get a court order,, then until bailiffs turn up..

You are,after all, planning on booting someone & their kids out of their home, their property (it's only your investment whilst tenanted...).

You could always try bribery... (I'd start with several thousands...)

I would also expect you'd get a better price when vacant btw...

squirehorse

PS people - she moved in KNOWING it was probably short term and that it was on the market!

Strapped

squirehorse wrote: »

PS people - she moved in KNOWING it was probably short term and that it was on the market!

But you gave her a 6 month tenancy contract. Too bad on your part.

squirehorse

But surely 6 months is short term?

Strapped

squirehorse wrote: »

But surely 6 months is short term?

Then what are you complaining about? Surely you researched being a landlord before you became one...?

RAS

yes

But the law states that 6 months is the earliest date you can commence court action to move her out, so she will have known that she had 9-10 months before you could get her out and that being overcrowded and being evicted gave her most chance of getting social housing.

But the Council will not consider her until the bailiffs are due (if you are lucky) or arrive (if you are not).

In the mean-time she can make sure that no one wants to buy the place by putting them off with screaming kids and mess.

00ec25

squirehorse wrote: »

Mainly i need to know, if contracts exchange before 5th June, which i am sure they will, !).

which they won't - either your or the buyers solicitor will not allow exchange until she is physically out of the property

why? - see next point !!!

squirehorse wrote: »

will i be accountable to the buyers? !).

if you exchange and she has not moved out and does not move out before you complete then you will be liable for all the buyers costs - this could include:
- putting them up in a hotel until they can move into the house they have now bought iof they had to move out of their own house becuase they completed its sales as originaly scheduled

- paying the cancellation and rearrangement costs of their removal firm if the moving date has to be rearranged

squirehorse wrote: »

If i need to go through the Courts to evict her can i use her deposit to pay for Court costs?!).

No - however, if you win the case then you can claim such costs off her - but does she have any money to actually apy such costs if she is already on benefits? Just cos you won the case does not mean you will physically get paid, the money comes from her not from some mysterious pot held by the court!

squirehorse wrote: »

I have done nothing but try to help this lady, i've even helped her sort out her utility bills when she got in a muddle, fixed problems she has reported within 24 hours and gone above and beyond what i have had to do.

good for you , you have been a good LL, but you are now finding out why some LL avoid benefit claimants like the plague

teeni

squirehorse wrote: »

. If i need to go through the Courts to evict her can i use her deposit to pay for Court costs?


!).

does this mean that you still have her deposit and that it is not in a tenancy deposit scheme. if so the notice you have issued will be invalid and you will need to re issue after you have protected it.

If you have protected it are you sure the date on the notice is accurate, if not she will have an absolute defence.

zappahey

teeni wrote: »

does this mean that you still have her deposit and that it is not in a tenancy deposit scheme. if so the notice you have issued will be invalid and you will need to re issue after you have protected it.

If you have protected it are you sure the date on the notice is accurate, if not she will have an absolute defence.

Only one scheme actually holds the money. The other two schemes are insurance based, where the landlord, or their agent, holds the money.