Tenants not moving out

Hawth0rn

Hi Everyone

I have tenants who have been given notice of two months on a 6 month rental agreement. At this point they haven't done anything wrong, paid on time and haven't broken the tenancy agreement.

But they have indicated that they will not move out at the end of the tenancy. One of the tenants works for social housing (not council) so knows the rules and how to use them to their advantage.

I have a letting agent and they are doing their job fine I believe, but I would just like to check everything instead of just relying on the letting agent.

Facts:

6 Month agreement, coming to the end.
Given actually 2.5 months notice
Tenants paid on time, haven't broken lease as yet.
Move out date should be November 30th 2013.

I am working on the worst case scenario that they are planning to stay as long as possible.

The letting agent has suggested an accelerated eviction if we need to. Has anyone done this and realistically how long does it take.

When this has happened and they still don't move out, if I need bailiffs, how much longer could this process take?

I'm overseas at the moment, with my husbands job as he's in the military. He will not be able to help as he will be a long way away in a not very safe place. We don't have anywhere else to live when we get home.

If they are doing this to get on the social housing register e.g said we were made homeless, would them not paying when being evicted be classed as making themselves homeless. Also, if the letting agent finds somewhere else similar and offers them it, if they turn it down would that be classed as making themselves homeless.

And finally, can I move in with them after they should have left:T. I know I can't but it would be nice to p*ss them off as much as they are p***ing me off.

It's really daft of them, we live is a really small town and I will see them all the time.

I am aware that there is nothing I can do to get them out earlier, but any advice on anything legal I can do that will possible make them not want to do this again to anyone. E.g sit outside the house day in day out.:)

Jo

theartfullodger

I presume you mean your tenants were given a "Section 21" notice...

This does not end the tenancy nor does it require the tenant to leave.

It merely entitles the landlord on expiry to apply to the court for a possession order... It's all fairly clear for S21 HA 1988..

Did you know this??

In the same way that you have an absolutely legal right to evict the tenant for no reason at all (and you are "using this to your advantage" {charming ..}) they to have an absolute legal right to await the full legal process.

Was there a deposit? Was it protected within 30 days of receipt? Can you prove the prescribed information was served on tenant?? If no to either then your S21 will be invalid. If no to protected within 30 days then tenant can sue for up to 3x deposit.

The tenants live in their home, their property & I'm sure you will respect that... and that they are people deserving as much if not more respect as you.

What was the EXACT start date of tenancy, presume it was 6 months long, was an end date specified?? Is rent (according to tenancy) payable monthly?? How was the expiry date noted (eg "after 12th September" or "12th September" please?? (Then we can tell you if S21 is valid against those tests.

You note you are abroad: Does the tenant have an address for "serving notices" on you in England or Wales?? If not the rent ain't due..

As you would (should?) have been aware of all this why allow yourself to become "intentionally homeless" through lack of a little simple planning?? You do appreciate the council will likely, if this is the case, not have to help you find housing - both as you'll be returning from foreign & anyway "intentionally homeless"..

Of course you can't move in with them.. it's their home, their property: If you did you'd be committing a criminal offence (either harassment or unlawful eviction): Mind you as you might be put in jail for that at least you'd have somewhere dry to sleep... Siting outside their house, their home, their property would also leave you open to arrest for harassment etc etc etc

That a landlord is p**sed off was not, last time I looked, a valid ground for eviction under S21 or S8. Or do you have better info?

When you give us answers to work out if S21 is valid we can give you a guess as to how long before they might be evicted...

Cheers!

PS Yes new landlords make mistakes: I did.. took me more than a year to get tenants out...

PPS Quickest way to get them out is bribery (bit do it so it can;t be seen as harassment). Given the hole you are in (and have posted such clear details on't t'internet) tenant may now know all that & want a lot: In their shoes I'd start at £5k & climbing....

sooz

Did you or your agent protect their deposit within 30 days AND send them the prescribed information?

No, you cannot move in with them or sit outside their home.

quidsy

I'm really confused, they are paying rent, are in their tenancy timeframe and have until November to move out. Why are you talking about bailiffs and talking about them !!!!ing you off? There seems to be a big chunk of this story missing!

dimbo61

Sitting outside the house maybe seen as harassment! so not a good idea.
Are they applying for social housing ? If so you need to apply via the courts to evict them with Bailiffs
This is called " Gatekeeping" by the council
No you cannot move back into the house please follow the legal way

G_M

Please answer the questions below, and see comments:

Hawth0rn wrote: »

...

Facts:

6 Month agreement, coming to the end.
start date?
End date?
Given actually 2.5 months notice
Was this a letter? Or a S21 Notice? or what?
Date served?
Date to take effect? (expiry date)

Tenants paid on time, haven't broken lease as yet.
Move out date should be November 30th 2013.
There is no 'move out' date!
There is an end dateto the fixed term (NOT the same thing) and there is an expiry date for the S21 (again, this is NOT a 'move out' date)

I am working on the worst case scenario that they are planning to stay as long as possible.

The letting agent has suggested an accelerated eviction if we need to. Has anyone done this and realistically how long does it take.
Assuming you get everything right, (!) a few weeks.

When this has happened and they still don't move out, if I need bailiffs, how much longer could this process take?
bailiffs may take 2 - 4 weeks following a court possession order.

...

If they are doing this to get on the social housing register e.g said we were made homeless, would them not paying when being evicted be classed as making themselves homeless.
Have they stopped paying rent? Have they indicated they are going to stop paying?

Also, if the letting agent finds somewhere else similar and offers them it, if they turn it down would that be classed as making themselves homeless.
No

And finally, can I move in with them after they should have left..

Yes, of course you can. But the penalty for this is "...a fine or to imprisonment for a term not exceeding 2 years or to both" :eek:
Protection from Eviction Act 1977

I know I can't but it would be nice to p*ss them off as much as they are p***ing me off.
I don't understand. They are renting a property as their home. They are paying the rent. They have done nothing wrong so far as I can see.

It's really daft of them, we live is a really small town and I will see them all the time.
Not daft. If they DO want to be re-housed, they HAVE towait till you take them to court.

..... E.g sit outside the house day in day out.:)
again - this is harassment which is a criminal offence. Potentially 2 years in prison.

Jo

Have they paid a deposit?
If yes, what date was it paid?
Was it registered (by you or agent)?
On what date?
Was the 'Prescribed Information issued to the tenants?
On what date?

Any mistake with the deposit will make your Notice invalid.

sandsni

quidsy wrote: »

I'm really confused, they are paying rent, are in their tenancy timeframe and have until November to move out. Why are you talking about bailiffs and talking about them !!!!ing you off? There seems to be a big chunk of this story missing!

I get the impression the OP is moving back from overseas and therefore needs the property to live in themselves. I think the OP is just looking at all possible outcomes and what is the best course of action should the tenant not move out. They may be a little premature but it sounds as if they are trying to be prepared for any eventuality which is a very good idea.

whalster

What the post a over from the lodger is eluding to with the s21 is a savings clause with the dates ask your agent .
What is also correct and he/she keeps making the point in a lot of posts that they do not have to move out if and until a court order is enforced .
However what should also always be pointed out to any tenant is that if they decide to do this then eventually they will be evicted and will find it next to impossible to ever rent again due to their credit record and references .
Many local councils strapped for accommodating have been giving the advice to stay put until
Evicted ,very very silly! and self serving for councils ,not in the long term interest of the tenant

BitterAndTwisted

Poor tenants: they sign a six month AST on an assurance from the agent that the landlord is looking for a long-term tenant. Now, after all they are faced with all of the expense and upheaval of having to find another rental.

There is a party who is entitled to be !!!!ed-off but I don't think it's the landlord. Moving costs money. A lot of money.

sandsni

BitterAndTwisted wrote: »

Poor tenants: they sign a six month AST on an assurance from the agent that the landlord is looking for a long-term tenant. Now, after all they are faced with all of the expense and upheaval of having to find another rental.

There is a party who is entitled to be !!!!ed-off but I don't think it's the landlord. Moving costs money. A lot of money.

I don't see anything in the OP to suggest the tenant was told it would be a long term let, only that they were on a 6-month AST. If the tenant WAS led to believe it was a long term let then I would agree with you, but what if they were aware it was to be short term and have just decided to dig their heels in?

I_have_spoken

Well, if you are certain you have served a valid S.21 then when the 6 month AST period ends and they refuse to vacate, apply to a court for accelerated possession. If your paperwork is valid, the judge will issue a possession order usually giving tenants two to four weeks to vacate.

Tenants will use the possession order to show they are homeless and oblige the Council to provide social housing.

If you haven't already done so, now would be a good time to join a LL Association (fees are tax deductible) to get access to specialist legal advice.