Tenants not moving out

G_M

ruggedtoast wrote: »

...

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

It's a perfectly standard legal process for LL's to obtain a court possession order 'rapidly' (well, more rapidly) in cases where court discretion is inapplicable and where there is no defence(other than procedural). No hearing is required, simply a judges review of the paperwork.

Hope this helps explain.

Hawth0rn

Thank you to all the people offering advice.

I think some people have just skipped reading my post properly and not taken into account the full picture.

Firstly, I have no idea why the tenants took a 6 month agreement. I knew over a year ago when we would be returning and I made sure this was pointed out to the new tenants. The reason I did this because of so many tenants on here had complained about things like this happening.

Secondly, we gave the the paper notice at 2 and half months before (last week) and the tenants contacted the letting agent and said quote 'we're not moving out'". They have since indicated to my letting agent that it's so they can claim being homeless.

I lived in my house 15 years and had to move, I have been a good landlord, and would never just chuck someone out without a reason. I think needing my home is a reason and I would have given them a good reference. Yes I maybe new to this, but thats why I used a letting agent, who is trying there best to find them some where new.

I'm not just moving back on a whim, I need a home.

So tell me what have I done wrong. Do I just let them stay their as long as they feel like it so its not a problem for them. But it is for me. If you looked up rentals on Right Move in my area, there are easily 2 or 3 the same as mine at similar prices.

This makes me think it was planned from the beginning, thats whats bothering me.

Why would I just end a tenancy for hell of it? I couldn't have done anymore that let them know when they needed to leave before they took the tenancy.

And finally, I have done everything needed of a landlord, including protecting the deposit, gas cert, etc and fixing problems straight away. You may think I'm not a good landlord, but my house was reasonably priced, lower that similar houses, because of short letting, very well maintained. I spend 3 days painting and cleaning when I moved out. When the tenants paid late once, I did not hassle them and trusted them when they said it was the banks fault. My inexperience didn't make me a bad landlord, it made me do everything by the book and more. I have read so much on here from the tenants point of view that I wanted to be a good landlord, especially as I'm a tenant at present as well.

Yorkie1

All understood, OP, but if you want more specific guidance, please do answer the questions posed previously in the thread about tenancy dates, deposit protection details and service of notice details.

I_have_spoken

my husbands job as he's in the military

Can he send any squaddie mates around to waterboard the overstaying tenants? :beer:

ruggedtoast

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?

Having suffered amateur / accidental landlords who are happy to sign a tenancy but act with shocked indignation weeks down the line that there are actually regulations, that would have taken them all of ten minutes to read, regarding tenants' rights; I'm not really prepared to give her the benefit of the doubt.

I am more concerned about her tenants. There is nothing in this piece to indicate they have done anything wrong and I suspect being told they are being kicked out within a few months of moving in is hardly convenient for them either. If they knew they would be expected to leave in 6 months then that would change my opinion somewhat.

I appreciate the dangerous and difficult job her partner does and the fact he probably doesnt need the extra stress of looking for somewhere to live, but there is no conscription currently in this country and it is not a reason for glib threats about harassing tenants out of their legal home.

neas

You mention you are not sure why they took a 6 month tenancy agreement, did you mena they should know you would be back and take a shorter one or a longer one?

I think it would be good if you answer the questions posted to you. I had a similalr thing happen to me as a tenant (albeit without the council house thing).

Agent got me to move into a house, 6 month AST, verbally told me (Owner is in australia you have it for a long time). after 2 months landlord was talking about selling house.... and after 11 months they moved back.

Fortunately for us we re-bought again so weren't screwed, but some rentals are for years and some are shorter.. problem is an estate agent will tell you whatever you want to hear to get you to sign.

Maybe the current tenants didn't realise they were really only temporarily renting for 6 months. It does seem you want to have your cake and eat it... someone pay your mortgage for x month/years then when you come back get them out easy peasy. Being a BTL landlord is a business and there are laws/procedures to follow. All thats been said is true and your postings show you don't understand your roles/rights/responsibilities as a landlord. Moraley they may be in the wrong, but so are you screwing them over after 6 months (they probably paid £300 in credit checks and contract fees just to move in!)

45002

Hawth0rn wrote: »

Thank you to all the people offering advice.

I think some people have just skipped reading my post properly and not taken into account the full picture.

Firstly, I have no idea why the tenants took a 6 month agreement. I knew over a year ago when we would be returning and I made sure this was pointed out to the new tenants. The reason I did this because of so many tenants on here had complained about things like this happening.

Secondly, we gave the the paper notice at 2 and half months before (last week) and the tenants contacted the letting agent and said quote 'we're not moving out'". They have since indicated to my letting agent that it's so they can claim being homeless.

I lived in my house 15 years and had to move, I have been a good landlord, and would never just chuck someone out without a reason. I think needing my home is a reason and I would have given them a good reference. Yes I maybe new to this, but thats why I used a letting agent, who is trying there best to find them some where new.

I'm not just moving back on a whim, I need a home.

So tell me what have I done wrong. Do I just let them stay their as long as they feel like it so its not a problem for them. But it is for me. If you looked up rentals on Right Move in my area, there are easily 2 or 3 the same as mine at similar prices.

This makes me think it was planned from the beginning, thats whats bothering me.

Why would I just end a tenancy for hell of it? I couldn't have done anymore that let them know when they needed to leave before they took the tenancy.

And finally, I have done everything needed of a landlord, including protecting the deposit, gas cert, etc and fixing problems straight away. You may think I'm not a good landlord, but my house was reasonably priced, lower that similar houses, because of short letting, very well maintained. I spend 3 days painting and cleaning when I moved out. When the tenants paid late once, I did not hassle them and trusted them when they said it was the banks fault. My inexperience didn't make me a bad landlord, it made me do everything by the book and more. I have read so much on here from the tenants point of view that I wanted to be a good landlord, especially as I'm a tenant at present as well.

Tenants need a home too

Hawth0rn

In the end if you want your property back your need to get a possession order,then if the tenants still don't go use Bailiffs and all this is assuming the dates are correct on s21,deposit is protected and so on !

Sounds like you never did your home work in the 1st place...

Hawth0rn

Answers to questions


Yes the deposit is protected and they were sent the correct details.


They have an address for 'serving notice''.


They started the tenancy 31st May 2013, 6 months tenancy. They KNEW the house would not be available after this date, BEFORE they paid any money or signed any agreement. They have been given the S21 last week, to move at the end of the 6 months tenancy. If I was asking and I would never try and force them to leave sooner I would have compensated them all their costs as any respectable landlord would do.


Its seems some people have presumed I'm a !!!! landlord with no thought from the tenants. But I did nothing but think about them having to move after 6 months. I can't stress again they knew before paying any money etc that they needed to move out at the end of the 6 months.


Yes, at the moment they have not actually overstayed their tenancy, but they have told the letting agent they are going to. Thats why I p***d off, am I supposed to be happy about that?


I don't understand why some people have taken the view I'm in the wrong for asking them to leave when they were expected to and KNEW 6 months ago and they are not in the wrong for not even trying to leave.


I have noticed the replies that stick up for the tenant, haven't commended on the fact that they knew they needed to leave at the end of the tenancy and now they are saying their not going to.


FACT:


TENANTS KNEW THE HOUSE WAS NO LONGER AVAILABLE FOR RENT BEFORE THE PAYED ANY MONEY OR SIGNED ANY AGREEMENT.


THEY ARE SAYING THEY ARE NOT GOING TO LEAVE AT THE END OF THE TENANCY AS THEY KNOW THE SYSTEM AND THEY WANT A COUNCIL HOUSE. THEY HAVE TOLD THE LETTING AGENT.


AND IM THE BAD GUY?

45002

Hawth0rn wrote: »

Answers to questions


Yes the deposit is protected and they were sent the correct details.


They have an address for 'serving notice''.


They started the tenancy 31st May 2013, 6 months tenancy. They KNEW the house would not be available after this date, BEFORE they paid any money or signed any agreement. They have been given the S21 last week, to move at the end of the 6 months tenancy. If I was asking and I would never try and force them to leave sooner I would have compensated them all their costs as any respectable landlord would do.


Its seems some people have presumed I'm a !!!! landlord with no thought from the tenants. But I did nothing but think about them having to move after 6 months. I can't stress again they knew before paying any money etc that they needed to move out at the end of the 6 months.


Yes, at the moment they have not actually overstayed their tenancy, but they have told the letting agent they are going to. Thats why I p***d off, am I supposed to be happy about that?


I don't understand why some people have taken the view I'm in the wrong for asking them to leave when they were expected to and KNEW 6 months ago and they are not in the wrong for not even trying to leave.


I have noticed the replies that stick up for the tenant, haven't commended on the fact that they knew they needed to leave at the end of the tenancy and now they are saying their not going to.


FACT:


TENANTS KNEW THE HOUSE WAS NO LONGER AVAILABLE FOR RENT BEFORE THE PAYED ANY MONEY OR SIGNED ANY AGREEMENT.


THEY ARE SAYING THEY ARE NOT GOING TO LEAVE AT THE END OF THE TENANCY AS THEY KNOW THE SYSTEM AND THEY WANT A COUNCIL HOUSE. THEY HAVE TOLD THE LETTING AGENT.


AND IM THE BAD GUY?

There No need to Shout

Southend1

OP you have no choice over what the tenants say to the letting agent (or what the letting agent reports them to have said!). However you can choose how you react. You are choosing to be annoyed. The tenant may not even have said they wouldn't move out. They may be lying, they may change their minds. Who knows? Life's too short to be annoyed by things like this. Why not choose instead to be positive, let the Agent deal with the eviction so there's no stress for you and have a plan B to rent somewhere short term for yourself if plan A doesn't work out? You will be a lot happier!