Tenant refuses to move out

owitemisermusa

mrginge wrote: »

I find it interesting that you have such disdain for the 'professional' tenant who knows the law and acts according to it, but have great sympathy for the landlord who appears to have no such knowledge.

Perhaps you would be happy for an 'amateur' landlord to boot their 'professional' tenant out on the street, simply because they make a 'mistake' of failing to understand the legal requirements in which they are running their business.

Dare i suggest that the landlord should be equally 'professional', thus avoiding situations like this?

I mean people who make it their duty to overstay every tenancy knowing the law allows them to. I don't think it can ever be avoided such as it is.

Anyway, as G_M says, leaving this for those with advice to chime in.

G_M wrote: »

PLEASE can we all resist the temptation to once again:

* get into a discussion about the rights/wrongs of the law - save that for the discussion forum

* start having a go at each other, or the OP

The OP asked for information. Let's provide the info requested, and any other related helpful info, and leave it at that.

(some hope!)

Good point. I have nothing more to add so respectfully, bow out.

Stolley30

Tomorrow I will be making a lot of phone calls. At least now I have a good idea what to ask the agency and what to expect. It does show as a society what measures that have to be taken in order to get a council
House these days. It's just a bit of a kick when like many I have worked hard to purchase a house.

Guest101

owitemisermusa wrote: »

Unbelievable! If everything has been done by the book why can somebody just simply refuse to move out? It's just ridiculous IMHO.

I wish the law could be addressed so that people can't just mess about. There must be a penalty for tenants who wantonly disregard properly served notices.

I hope that there would be some sort of redress and a way to ensure that tenants who blatantly try to play the system are counter-sued and made to pay back the landlord.

Honestly, I thought the law had been rebalanced recently?

I am surprised that folks are having a go at the OP regarding the homeless issue. Very surprised.

OP, I feel for you. I hope things work out ok.

This is because a s.21 notice, is not a notice to quit, rather a notice to seek repossession. Which is what the LL can do throught the courts.

The law may not be 100%, but that is what it is, and the LL must abide. Just like the tenant is.

I_have_spoken

The place to vent Tenants from Hell Protected by (disgusting) law

Stolley30

outofmoney wrote: »

It's not always that

To the OP: I sympathise, but have to ask. If the property was empty 6 months ago, why did you rent for the last 6 months instead of just moving back in then?

If we could of moved in 6 months ago that would of suited us perfectly but we were in an annual agreement with the letting agent we couldn't take our property back early despite it being empty otherwise we would have to pay additional "get out" fees. In hindsight this may have not been such a bad idea! I do agree 2 months is that much notice but in this case the tenant was aware this was only ever going to be a 6 month tenancy.

BitterAndTwisted

Stolley30 wrote: »

Tomorrow I will be making a lot of phone calls. At least now I have a good idea what to ask the agency and what to expect. It does show as a society what measures that have to be taken in order to get a council house these days. It's just a bit of a kick when like many I have worked hard to purchase a house.

To be fair to tenants I know nothing about, it may not be their desire for a secure local authority/housing association tenancy which has made them outstay their welcome. It could be for any number of reasons, none of which are anything to do with malice or wanting to put you to severe inconvenience.

We don't need to go into the whys and wherefores of being fortunate enough to have strangers contribute to your mortgage-payments for the last seven years......

ruggedtoast

owitemisermusa wrote: »

Unbelievable! If everything has been done by the book why can somebody just simply refuse to move out? It's just ridiculous IMHO.

I wish the law could be addressed so that people can't just mess about. There must be a penalty for tenants who wantonly disregard properly served notices.

I hope that there would be some sort of redress and a way to ensure that tenants who blatantly try to play the system are counter-sued and made to pay back the landlord.

Honestly, I thought the law had been rebalanced recently?

I am surprised that folks are having a go at the OP regarding the homeless issue. Very surprised.

OP, I feel for you. I hope things work out ok.

You're making a lot of assumptions about this man's circumstances while knowing none of the facts.

He may not be able to move out when she wants. Exactly as the OP has found her plans fell through so may his have.

Tenants dont get many rights, but one minor one is that they dont necassrily have to move out of their homes at the exact day that the landlord decides they no longer wish them there.

Southend1

owitemisermusa wrote: »

Unbelievable! If everything has been done by the book why can somebody just simply refuse to move out? It's just ridiculous IMHO.

Because when they rented the house it became their home. If someone decides to kick them out of their home on a whim it is only fair that they have some element of protection via due legal process. It's not impossible to evict a tenant but it's not as simple as just writing to them and saying "you have a month to leave your home.

Stolley30

mrginge wrote: »

I find it interesting that you have such disdain for the 'professional' tenant who knows the law and acts according to it, but have great sympathy for the landlord who appears to have no such knowledge.

Perhaps you would be happy for an 'amateur' landlord to boot their 'professional' tenant out on the street, simply because they make a 'mistake' of failing to understand the legal requirements in which they are running their business.

Dare i suggest that the landlord should be equally 'professional', thus avoiding situations like this?

Yes I am not aware of what is involved hence I have paid for a letting agent to manage my property. I have made no additional income from this property, other than to cover part of my mortgage. For the last 7 years I have paid rent in various properties and would never dream of of doing anything like this tenant has. The fact remains this tenant took this property on for 6 months only knowing that myself and my family were moving in after 6 months. For such a short tenancy we agreed he would pay less rent. I can see why more and more landlords are reluctant to put there houses up for rent.

Stolley30

Southend1 wrote: »

Because when they rented the house it became their home. If someone decides to kick them out of their home on a whim it is only fair that they have some element of protection via due legal process. It's not impossible to evict a tenant but it's not as simple as just writing to them and saying "you have a month to leave your home.

I agree and have always allowed tenants to make the house there home. Paint and hang pics and to treat it however they choose to make it homely. On this occasion the tenant knew it was only a 6 month lease and would not be renewed.