Tenant refuses to move out

Kynthia

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.

OP, I'm glad that we've been able to provide you with useful information and give you an idea of what to expect. As I said, it's worth asking the agent to find out what the tenant's plans are as it might be that they have found a new rental but it's not available for a week or two. Although you should still apply for possession once the S21 expires just in case.

I really hope you manage to find somewhere for you and your family to stay in the meantime. I think there have been threads in the past about temporary accommodation suggestions and people have suggested caravan parks, holiday cottages/apartments, hotels/B&Bs, etc and negotiating a good rate for longer term stays.

Southend1

Stolley30 wrote: »

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.

It's not up to the landlord to allow or forbid tenants to hang pictures, paint or otherwise treat their home as their own. Tenants have every right to live as they choose in their home as long as they restore it to the original condition (less wear and tear) on vacating the property.

I_have_spoken

I feel bad for the OP. Every chance the tenant will have stripped every bit of copper pipe, cable and radiators out the house and sold for scrap, then turned the house over to squatters growing 'hemp' and running up a giant 'lecky bill. If any of them are preggers, you'll be looking at 12 months minimum to get possession, while they trouser the bennies and live rent-free.

Stolley30

Southend1 wrote: »

It's not up to the landlord to allow or forbid tenants to hang pictures, paint or otherwise treat their home as their own. Tenants have every right to live as they choose in their home as long as they restore it to the original condition (less wear and tear) on vacating the property.

When renting I have never been allowed to paint or hang pictures. I have always been asked by the letting agent of I minded my tenants repainting a colour that suits there taste.

Soleil_lune

#groundhog day

Kynthia

I_have_spoken wrote: »

I feel bad for the OP. Every chance the tenant will have stripped every bit of copper pipe, cable and radiators out the house and sold for scrap, then turned the house over to squatters growing 'hemp' and running up a giant 'lecky bill. If any of them are preggers, you'll be looking at 12 months minimum to get possession, while they trouser the bennies and live rent-free.

Just because a tenant exercises their right to stay on until the tenancy is ended by a court does not automatically mean they will damage the property, steal and stop paying rent. It's insulting to suggest this where there has been no indication of suspicious behaviour and this is something I've seen you post before without cause.

SternMusik

Not again...

Soleil_lune

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 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.

Seriously. I do agree with this post above ^^^ in many ways. I agree that there should be a set-in-concrete time, ... if you start the tenancy on 1st Jan and agree that it ends on 1st July, then you should make arrangements to move out that day. If you don't want to only stay six months, then don't sign a tenancy for six months!

Landlords shouldn't have to try to evict/force/take people to court. If these people genuinely 100% said they would move out at the end of the six months, then I don't know why they are refusing. Unfortunately OP, there is little you can do, as the law fiercely protects the tenants.

I think that tenants SHOULD have a great deal of protection, as there are a lot of unscrupulous landlords who don't give a fig about their tenants and won't do repairs etc, but I think in this case, the LL has not done anything bad or wrong: he just hasn't done his homework.

Bad luck OP, but you will struggle to get them out. All you can do is serve the S21 two months before the tenancy ends (which will be in about 2 weeks.)

Good luck and I wish you well. Hopefully it will all be OK.

Soleil_lune

Just wanted to add that I am baffled by what these tenants are doing, as if I signed a tenancy on Feb 15th 2011, and the LL said he wishes to have the house back by Feb 2012, I would be looking for somewhere else to live just after Christmas.

It beggars belief why the tenant is being so awkward. It will come back on them and bite them in the bum, as if they want a reference; they won't get one from you, and also their credit record will possibly be affected, if they have had to have the courts get them out.

Guest101

Stolley30 wrote: »

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.

Im sorry but your point is incorrect, you did make a profit - ha dyour hous ebeen empty you would have paid more on the mortgage, which is for you rproperty, which pays of in essence a loan, thereby increasing your equity, so yes you did make a profit.

Landlords, by definition, are not more relcuctnat to let out their properties, or they would be in a situation where they cannot pay there debts. Landlords simply become more knowledgable.

Whilst i sympathise with your plight, the law protects both parties, and should be adhered to. Instead of telephoning your agents, who's agenda is to make money (evicting tenants does not do this) - research the laws an dregulations yourself and act accordingly. The process is not complicated, the laws are readily available, and you have a huge database and q&a forum at your disposal right here.

Posters are here to help, or the bast majority are, and you can get your home back. But these things take time, do not rush it.