Family tenants ! served a section 21!help

clutton_2

the tenants can only produce a sob story if you attempt to evict them by saying they are behind with their rent. If you are asking for your house back under Section 21 you do not have to give a reason and the just has no leeway - sob stories will make no difference. A solicitor can certainly represent you. But, this will take some time - even after the judge has given them a month/two months to leave - they still do not have to leave. You then have to go back to court to ask the judge to appoint bailiffs and they often have a long waiting list - its only when the bailiffs turn up at the door, that they have to leave.

Having re-read this , i think a solicitor is essential, due to the lack of a written Tenancy Agreement and the difficulty of the family relatioships.

Suggest you ask your local Shelter office which local solicitor is knowledgeable on Landlord-tenant legislation.

trickyricky_2

Thanks for bothering to reply your very kind , i will get a solicitor asap i knew deep down that we would need one! families :eek: !!

Tiglet

Yes, definitely get a solicitor! Not only do you not have a written tenancy agreement but they have lived there before you bought the place from them. They could well have grounds to argue that the property is not let on an AST, which would mean that S21 would not apply.

trickyricky_2

If a section 21 does not apply what does?? are we stuck with them forever:eek:

clutton_2

don't prejudge things otherwise you will get even more stressed - go to a solicitor - s/he can tell you the legal situation.

the fact that rent is paid and received, is proof that a tenancy exists - its not always necessary to have a written document.

barnaby-bear

Tiglet wrote:

Yes, definitely get a solicitor! Not only do you not have a written tenancy agreement but they have lived there before you bought the place from them. They could well have grounds to argue that the property is not let on an AST, which would mean that S21 would not apply.

If they lived there pre-1988, they could argue assured and probably stay for life with right to pass on tenancy to kids... If post-1988 probably just an implied AST....

Tiglet

clutton wrote:

don't prejudge things otherwise you will get even more stressed - go to a solicitor - s/he can tell you the legal situation.

Sorry if my post sounded a bit scary, Ricky - I just wanted to make it clear that it's much safer to handle things properly if there's any doubt at all.

clutton wrote:

the fact that rent is paid and received, is proof that a tenancy exists - its not always necessary to have a written document.

I had to evict a tenant once without a written agreement - the only difference in practice was that it couldn't go through the accelerated procedure, which meant it took a few weeks longer. I used a solicitor, which cost me money, but everything went smoothly in the end.

trickyricky_2

They did live there before 1988! :eek: but it was as council tenants then

clutton_2

you defo need a solicitor !!!

Wings

clutton wrote:

you defo need a solicitor !!!

Agree, in this situation legal advice/assistance can work out cheaper/quicker in the long run.