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Tenants not moving out

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Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I'm sorry, OP, but you agreed to rent this house to them for six months, after barely half of which you gave them notice, for apparently no other reason than you want to move back in, and they're the ones p***ing YOU off ......???
  • sandsni wrote: »
    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 don't want to get into an argument with anybody on here but the tenants must have been pretty desperate to accept a tenancy on the basis that it would only be for six months while knowing they would have to go through all the holding-deposit, referencing charges, moving-costs, changing utilities, getting their deposit back palaver etcetera all over again.

    The one way the OP could guarantee the tenants consider moving out at the end of their AST is to provide some financial inducement to do so. Like covering their costs in finding another rental.
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    edited 20 September 2013 at 10:33PM
    We don't have anywhere else to live when we get home

    OP, as well as serving the S.21 notice, seeking possession at the end of the AST period you could also serve them a Section 8, giving 2 months notice, using Ground 1 as ground for eviction.

    Ground 1 is a discretionary ground, and is used when the landlord wants to live in the property as a permanent home. It is only permitted when the landlord has already lived in it as their main home previously, and the court will make a decision based on the hardship that will be suffered by the tenant by granting the possession order.

    Getting a S.8 could be a wake-up call to the 'I know me yuman rites, innit!' tenant you've been unlucky enough to get.
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Hawth0rn wrote: »
    At this point they haven't done anything wrong, paid on time and haven't broken the tenancy agreement.

    ....

    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.
    So you are p'd off with them although they have done nothing wrong? Is there something I am missing or are you just plain unreasonable in an ordinary sort of way?

    Daftness rubs 2 ways. As you say, you live in a very small town and you will see them all the time. Has it occurred to you that they probably live in the same small town and they may see you all the time too?
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Hawth0rn wrote: »
    If they are doing this to get on the social housing register

    Why would you even care?
    Hawth0rn wrote: »
    e.g said we were made homeless,

    Ummm... You ARE evicting them. That process is, essentially, depriving your tenants of their home.
    Hawth0rn wrote: »
    would them not paying when being evicted be classed as making themselves homeless.

    No, because the notice and intention to evict has already started so rent arrears aren't the reason they are losing their home. As you said yourself, they've done nothing wrong, so how could it have been their intention?
    Hawth0rn wrote: »
    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.

    Nope.
    Hawth0rn wrote: »
    it would be nice to p*ss them off as much as they are p***ing me off.

    I know. They keep paying rent and behaving like tenants. Every landlords worse nightmare.
  • ruggedtoast
    ruggedtoast Posts: 9,819 Forumite
    edited 20 September 2013 at 9:43PM
    Unfortunately some people seem to just want to rent their house out like a bed and breakfast where they don't have to offer any breakfast, and can make people leave when they decide they want the front room to themselves.
    The letting agent has suggested an accelerated eviction if we need to. Has anyone done this and realistically how long does it take.

    What on earth is an 'accelerated eviction'? Neither the letting agent or you have any authority to evict anyone from their home.

    Your tenants have until the end of their tenancy to stay without issue at which point, if you have issued the s21 correctly and protected the deposit, and they havent left, you can apply to the courts to give them an eviction date. They have a right to 'quiet enjoyment' of the property up until the very minute this date comes about.

    You should probably heed your own advice about living in a small town because based on what you have written it isnt your poor tenants who should feel ashamed if they are stuck next to you at the checkout line one day.

    Edit: no of course you cant sit outside their home staring at them, what on earth are you thinking. What in Gods name kind of landlord are you anyway?
  • moromir
    moromir Posts: 1,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The next time someone moans that this forum is full of landlord huggers I'm going to direct them to this thread.

    Not entirely sure why there is so much vitriol being directed at the OP, a clearly inexperienced landlord who has come here asking for help.

    They're being told things they don't fully understand by the agent and the tenant, they have the stress of a significant other stationed abroad and appear to have been left to arrange an international relocation.

    Yes landlording is a business, yes she needs to learn things and learn them quickly in order to sort this out but cut her some slack.

    The baying for blood on this thread is pretty gross.

    The OP clearly has a tenant who wants to play the system to get a council property at the expense of the OP, yes legally the tenant is totally entitled to do that, but that doesn't make it right or any less upsetting for the OP.

    How about some more practical advice for the OP rather than going for their throat and telling them they should be ashamed of themselves?
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    moromir wrote: »
    The baying for blood on this thread is pretty gross.
    ..... Really?
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Southend1
    Southend1 Posts: 3,362 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    moromir wrote: »
    The next time someone moans that this forum is full of landlord huggers I'm going to direct them to this thread.

    Not entirely sure why there is so much vitriol being directed at the OP, a clearly inexperienced landlord who has come here asking for help.

    They're being told things they don't fully understand by the agent and the tenant, they have the stress of a significant other stationed abroad and appear to have been left to arrange an international relocation.

    Yes landlording is a business, yes she needs to learn things and learn them quickly in order to sort this out but cut her some slack.

    The baying for blood on this thread is pretty gross.

    The OP clearly has a tenant who wants to play the system to get a council property at the expense of the OP, yes legally the tenant is totally entitled to do that, but that doesn't make it right or any less upsetting for the OP.

    How about some more practical advice for the OP rather than going for their throat and telling them they should be ashamed of themselves?

    Practical advice for OP: find a house to rent for yourself while you go through the correct legal process to evict your tenants. :)
  • moromir wrote: »
    The OP clearly has a tenant who wants to play the system to get a council property at the expense of the OP, yes legally the tenant is totally entitled to do that, but that doesn't make it right or any less upsetting for the OP.

    Clearly? Are you sure? The fixed-term doesn't come to an end until the 30th of November and the OP isn't even certain that they're intending to use their possible eviction to secure social housing. That was just used by the OP as an "if". If your crystal-ball is working that well can I please have a loan of it for the lottery numbers this weekend? Ta.

    These tenants have only just received their S21. It wouldn't make sense to be seriously looking for an alternative let until closer to the time. No landlord is going to wait two months for the tenants to be able to move in.
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