Family tenants ! served a section 21!help

trickyricky_2

Hi me and my hubby are living in hell at mo! hubbys parents are renting a property off us ,they are parents from hell along with 21 year old sister! they have made our life really bad over the last couple of years is a long and boring story that most normal people would never believe! We have finally issued a section 21 that rquests them leaving on 22nd March ! they will not leave ,what is the next step? do we need a solicitor ? will we have to face them in court? i just want my life back ! if anyone can help i will be eternally grateful!!:j

silvercar

the next step is to go to court. A judge will rule. Provided you have served notice correctly a judge will either order them to vacate or listen to sympathy please and give them a few weeks to find alternatives. If they still don't vacate on order of the judge you can send in baliffs to evict.

You don't need a solicitor as you can choose to represent yourself. They may or may not appear themselves.

trickyricky_2

Thanks, does the judge always give the order? they will turn up and give a load of bull! as they are good at that and im worried he will say they can stay ! if i get a solicitor will they go to court in our place ?

ilovemycats

You could sell the property from under them. Then it's not a problem at all.

I have seen a situation slightly similar to this. Where the property was intentionally sold at a realistic price. And a load of heavies went in and removed the person living there. The person went back after they'd gone. The new owner sought planning permission to demolish the property and develop the site, which he got. The person was fully intending to stay in the house as they dismantled it brick by brick around him. He wasn't even meant to be there.

Sell the place. It's yours. You can do what you want with it. You can knock it down if you want (within reason). If it was mine, I'd rent it out to someone else much bigger and stupider than the current tenants (family).

You can legally seperate yourself from your family too. That is possible.

Wings

How long have they had a tenancy agreement with you for, if any, when is the rent paid, monthly or weekly, what reason are you giving a notice for. If the latter is rent arrears then I tend to give Notice 8 under the 1988 Housing Act, much easier and quicker.

trickyricky_2

that sounds good!! we have thought about selling property with them in it but who would want nutters as tenants? they deserve to leave the house as they love being there and after the grief they have caused us its what they deserve! also interested in being legally seperated from them what does that mean

trickyricky_2

Wings wrote:

How long have they had a tenancy agreement with you for, if any, when is the rent paid, monthly or weekly, what reason are you giving a notice for. If the latter is rent arrears then I tend to give Notice 8 under the 1988 Housing Act, much easier and quicker.

They have lived there 3 years but it was thier house before(they were being repossessed) we only have a verbal agreement ,we were told to do section 21 as with a section 8 they can give tenants payment plans etc to sort out arrears!we are issuing the sec 21 and are just saying we want our property back,rent is paid fortnightly

silvercar

we are issuing the sec 21 and are just saying we want our property back

you should win if you say you need the property for your own use.

if they are likely to lie to a court you or your well briefed solicitor should attend.

Selling will prove difficult. They are unlikely to show people around and no-one will want tenants without a written tenancy agreement.

trickyricky_2

Would we need to prove tht we need the property for ourselves as out-laws(in!) would know that we would never live there even though our son and mates are interested in living there whle at uni

clutton_2

you do not need a reason to issue a section 21. My best advice is to join the National Landlords Association - they have a fabulous legal helpline and they will talk you thru all the court forms (you can fill them in on line). If you try to do this without help, and get the forms wrong, the judge will just throw it out, and you will have paid court fees for nothing, as you will have to start all over again.

trickyricky_2

thanks will look into this i need all the advice i can get as my life is on hold till this is over ! will tenants get a chance to give judge a sob story ,i really do not want to go to court and face them can a solicitor act as our representitive?