Tenants not moving out

G_M

The main reason you are getting a drilling here is not so much what you are doing, but your attitude.

A lot of complaining about the tenants, AND A LOT OF SHOUTING.

The reality is that
1) the tenants have, so far, done nothing wrong, hence your hysteria (yes, you do come over somewhat hysterical) is unwarranted

2) the tenant have indicated they will stay past the date of expiry of the S21 - WHICH THEY ARE LEGALLY ENTITLED TO DO.

3) They have given a perfectly rational reason for doing this - they wish to be re-housed as homeless.

Now, we can all have a political debate about the rights and wrongs of council re-housing policies, but that is not the issue. In order to be classified as homeless, they must be evicted. and in order to be evicted (by a court) they must stay beyond the S21expiry date!

Not only are their actions sensible, rational, and legal but they are actually being very thoughtful by giving you advance warning! They could very easily have said nothing, waited till 30th November, and just stayed. As it is, you have plenty of time to find friends/relatives or a rental yourself for December.

Your reaction, on the other hand, is unsympathetic and out of all proportion to the situation.

You may well be an excellent landlord(and from what you say you have done all the right things), but you have not portrayed yourself positively in your posts here, with the result that.... you have had negative responses.

edit: finally, with regard to your own need for a home, I'm afraid when you became a landlord you should have considered this. Landlord/tenant law is such that (quite rightly) tenants are protected from instant eviction from their homes. There is a process for eviction via the courts, which is well established now, and protects both sides (google 'Rackman'!).

When becoming a LL, you take on the liabilities and duties, as well as the income, and some modicum of tenant protection is part of that.

If you needed your home in December, then signing a 6 month AST on 31st May was, frankly, stupid.

Tancred

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.

Actually moving from a rented property is relatively cheap, unless it's unfurnished and you have a lot of furniture with you.

Tancred

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?

I actually have sympathy with you - after all it is your home! If I was in your position I would be angry as well.

The trouble is that you need to choose tenants carefully. Check their financial status and get references. Avoid DSS claimants.

Anyway, the best thing you can do now is get your agent to initiate the eviction process asap. If necessary you can always find somewhere short term until the tenants bu**er off.

Blackpool_Saver

Tancred wrote: »

Actually moving from a rented property is relatively cheap, unless it's unfurnished and you have a lot of furniture with you.

utter twaddle, removal fees, deposit on next property, referencing, etc etc, best part of £2000 on an average property, then you might need things fitting at the next place and so on

browneyedbazzi

I didn't think you could serve a Section 21 notice during the first six months of an AST?

Kynthia

browneyedbazzi wrote: »

I didn't think you could serve a Section 21 notice during the first six months of an AST?

You can, it just can't expire before 6 months into a tenancy and before the fixed term (or break clause) ends.

Guest101

Hawth0rn wrote: »

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

Have I read this correctly?

Your tenants moved in, and have paid rent on time. Have probably made this their home, and have stuck to your rules.

They probably, sensibly, presumed they would move onto a month by month (IE SPT) after the initial 6 months. THEY DO NOT HAVE TO MOVE OUT AT THE END OF THE FIXED TERM ( Google Statutory periodic tenancy).

You have served them a s.21 notice. You dont sound like you know what this is, it is a notice seeking possession, not a notice to quit. So your LA have suggested an 'accelerated eviction'. (glad they're charging you extra for this).

And on top of that you want to harass these tenants, by sitting outsie their home day in day out?

Have I got that right? if so:

You Madam, sounds like the worst kind of Landlord. Frankly I hope you do half these things, so that the tenant has you arrested for harassment! You clearly have no idea how being a Landlord works.

Guest101

whalster wrote: »

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

What? Evictions dont turn up on credit checks, and the tenants can just give someone else as a reference. Dunno what your talking about...

Guest101

Tancred wrote: »

I actually have sympathy with you - after all it is your home! If I was in your position I would be angry as well.

The trouble is that you need to choose tenants carefully. Check their financial status and get references. Avoid DSS claimants.

Anyway, the best thing you can do now is get your agent to initiate the eviction process asap. If necessary you can always find somewhere short term until the tenants bu**er off.

No its not, its the tenants home!

quidsy

Op, people assume you are a !!!! ll is because your first post didn't specify any of the FACTS on the original agreement. If you post half the info then you will get replys based on that. Regardless, you clearly went into this uneducated. So far your tenants have done nothing wrong.