Tenant refuses to move out

I_have_spoken

It's insulting to suggest this where there has been no indication of suspicious behaviour

We'll, if someone signs a contract saying they'll vacate on a set date with no intention of doing so, it says to me that's a fundamentally dishonest person.

DragonQ

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.

But the Section 21 notice isn't an instruction to move out. The only way a court order could be avoided is if there were two forms - first, a Section 21 would be sent (giving one month's notice), then another form would be sent indicating intent to action that Section 21 (requiring another month's notice).

Can't see how it'd help though because the tenant could still ignore that additional form, requiring the landlord to go to court anyway.

Like I said before, it is stupid to rent your house on a 6 month term if you might need it within 6 months. You need extra time for this kind of stuff.

ruggedtoast

I_have_spoken wrote: »

We'll, if someone signs a contract saying they'll vacate on a set date with no intention of doing so, it says to me that's a fundamentally dishonest person.

I have never seen a tenancy where there has been a moving out date included in it. Maybe a holiday let or something would do but an AST just has the date the fixed term ends at which point it becomes a monthly rolling agreement. Anything else would be unenforceable.

The fact is that if you definitely need your property back at a certain date then don't let it out beforehand because the moment you do it becomes someone else's home, not yours.

Stolley30

ruggedtoast wrote: »

I have never seen a tenancy where there has been a moving out date included in it. Maybe a holiday let or something would do but an AST just has the date the fixed term ends at which point it becomes a monthly rolling agreement.

The letting agent has managed the property for the time I have been working away, 9 months ago I advised them we would take the property back when our annual contract ended.At this point the previous tenants had given notice to quit the property after staying for 4 years. They were then in a position to find tenants for the duration of our annual contract. As I had already told the letting agent my plans to take the property back it was there moral obligation to make the new tenant aware of this. For this reason they were given a rent reduction.

ruggedtoast

Stolley30 wrote: »

ruggedtoast wrote: »

I have never seen a tenancy where there has been a moving out date included in it. Maybe a holiday let or something would do but an AST just has the date the fixed term ends at which point it becomes a monthly rolling agreement.

The letting agent has managed the property for the time I have been working away, 9 months ago I advised them we would take the property back when our annual contract ended.At this point the previous tenants had given notice to quit the property after staying for 4 years. They were then in a position to find tenants for the duration of our annual contract. As I had already told the letting agent my plans to take the property back it was there moral obligation to make the new tenant aware of this. For this reason they were given a rent reduction.

I don't think morals are highly prized amongst letting agents. Ime they will tell you whatever they think you want to hear to get a commission. Wouldn't be surprised if none of that was ever passed on to your tenant.

Stolley30

So if seems I need to prepare myself for a lengthily battle go get my home back. It's very frustrating but it seems that these are the lengths some people are forced to go to in order to get a council house. Especially a single man. I am trying to give the tenant the benefit of the doubt and that he genuinely has no other option however this is still very frustrating as I am lying here on a friends sofa with a young child When I should be moving back into a home I worked so hard to get in the first place. Many of you have given me the harsh yet realistic lengths I have to go to in order to evict the tenant. I would advise anyone reading this who is a landlord like me who has entrusted all faith in a letting agent and doesn't have the knowledge and expertise be wary....... This wasn't talked about when signing my home away.

Stolley30

ruggedtoast wrote: »

Stolley30 wrote: »

I don't think morals are highly prized amongst letting agents. Ime they will tell you whatever they think you want to hear to get a commission. Wouldn't be surprised if none of that was ever passed on to your tenant.

My heart says your wrong....people are not really that dishonest ...are they? But I think my head says you are probably right and I have accepted a decrease in the rent I recieve for nothing. Life lesson well and truly learnt!

Soleil_lune

Even though you think it's WRONG that these people are not moving out when they said they would, the fact is that by LAW they do not have to go on the dated they supposedly agreed.

So I will repeat what rugged toast said, as he/she hit the nail on the head: The underlined bit is something you should take notice of!

I have never seen a tenancy where there has been a moving out date included in it. Maybe a holiday let or something would do but an AST just has the date the fixed term ends at which point it becomes a monthly rolling agreement. Anything else would be unenforceable.

The fact is that if you definitely need your property back at a certain date then don't let it out beforehand because the moment you do it becomes someone else's home, not yours.

Sorry that the people on here are not saying what you want to hear, but you literally do NOT HAVE A LEG TO STAND ON. Sorry but you really do not. It's the way the law stands. Maybe it's not right, but that is how it is.

What do you want people to say? Nobody on here can tell you that the tenants HAVE to leave on the day YOU want them to leave. So what are you expecting people to say? You have started about 3 threads that I know of, asking the same thing; why? you are not going to get any new or different responses. All you're going to get is people getting narked off with you and being harsh, or just ignoring you... Here is a famous Einstein quote you should probably read.......

http://www.brainyquote.com/quotes/quotes/a/alberteins133991.html

Guest101

OP you had a tenant, they'd been there 4 years, why on earth would you get rid of them, for the sake of a new and unknown tenant for 6 months?

That is baffling.

The LA would've loved this move by you, charge you another tenant find? Most certainly charge the Tenant fees. Its highly likely the LA didnt tell the Tenant anything, just get someone in quick, and collect their money. - This is because the well was drying up, you were not going to be a client after 6 months, which means get as much as they can before you're gone.

EDIT: advice for anyone else, but i misread what OP said. The tenant had chosen to leave.

DuncanCat

Stolley30 wrote: »

ruggedtoast wrote: »

At this point the previous tenants had given notice to quit the property after staying for 4 years. They were then in a position to find tenants for the duration of our annual contract.

Guest101 - Just wanted to point out that the OP's comment was that the original tenant had given notice not that they gave notice to the original tenant.