Tenant refuses to move out

CKhalvashi

DuncanCat wrote: »

Stolley30 wrote: »

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.

However the same advice stands.

I wouldn't have let the property for another 6 months had I been in the position of knowing I may need it, and I'm saying that as a LL.

CK

Guest101

DuncanCat wrote: »

Stolley30 wrote: »

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.

My mistake i read had 'been' given notice. What i get for reading in the early hours. I apologise

Prothet_of_Doom

owitemisermusa wrote: »

B&T, I've heard of it taking up to 12months to evict a tenant, that is much too long for someone who has done things properly. Time and money down the drain!

Even if a LL has made a mistake, does he/she deserved to be 'gamed' by professional tenants?

I wish the OP well.

It is horror stories like this that make procrastination before becoming a Land Lord a sensible idea. Too many amateurs (no offence to the OP) trusting letting agencies, to do the right thing, without knowing what the rules and the loopholes are.

ash28

Stolley30 wrote: »

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.

My daughter and her partner served an S21 on tenants in April this year....with the the expectation of being able to move in themselves in June......they got the keys back about 3 weeks ago. Will be moving in this week - it's taken almost 3 weeks to get the place back to an acceptable state.......

The tenants told them when the S21 was served they wouldn't move out and continued to pay the rent every month. When the possession order was granted they still carried on paying the rent. The date for the bailiffs to attend was while my daughter and partner were on holiday in Spain....they came back to an empty house.

They had to live with partner's parents from May and won't be moving into the house until the middle of this week and they have a young baby......the house was a state, not trashed but a mess.....downstairs carpets needed replacing and everywhere needed decorating (they probably would have done that in time anyway), the fact the tenants said they had 2 children when they had 6......said they wouldn't smoke indoors......left loads of rubbish.....the letting agents had the foresight to take before and after inventory photographs.

I was sympathetic to the tenants to a degree and told my daughter that if I had 6 children I wouldn't be moving out in a hurry either. I would imagine the council told them to stay until they were given a date for the bailiffs to attend and once that date was given then the council would work towards that date with regard to rehousing the tenants.

So for them with everything done correctly from April to September.

*Robin*

At the end of the AST, OP, increase the rent to what you would have charged had you not been [STRIKE]intending[/STRIKE] hoping to move back into your house.

It won't get the tenant out any faster, but might make you feel a bit better and off-set the costs involved in legally evicting your tenant / helping him get a council flat.

It's not a benevolent system, but there just isn't enough social housing..

foolofbeans

Stolley30 wrote: »

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.

If your tenant is a single, working man then there is probably no point in him holding out for the possibility of social housing as he will be way down the priority list. Even homelessness does not give you a right to be housed unless you have a special circumstance (e.g. have children or are a vulnerable adult)

Out,_Vile_Jelly

Your letting agents have been cheerfully creaming off a fee for years, now you have to make them earn it.

You need evidence of when and how the S21 was served. You need to have everything in writing, and to believe something when you see documentation, not what the agent tells you on the phone.

You should join a landlord's association and start learning. Good luck.

Stolley30

Have spoken to LA this morning, the court proceedings are in process and as I had a guaranteed rental agreement all court fees will be met by them and my existing rent agreement will be paid each month the tenant is in the property despite the tenant not paying any rent. Thank you for all advice, when speaking to the LA I was prepared for the length of time to expect and the procedure that is about to take place and I didn't break down in tears which I likely would have if I hadn't taken all of your advice. According to the LA the tenant was fully aware this contract was for 6 month only and were aware of my intentions to move back. They said it was in the interest to be open and honest at the start to avoid situations like this. This has restored my faith in the agent and I believe that they are doing everything they can to evict the tenant. Just need to sort my own homelessness issue out now. But feeling a lot more hopeful

Soleil_lune

Stolley30 wrote: »

Have spoken to LA this morning, the court proceedings are in process and as I had a guaranteed rental agreement all court fees will be met by them and my existing rent agreement will be paid each month the tenant is in the property despite the tenant not paying any rent. Thank you for all advice, when speaking to the LA I was prepared for the length of time to expect and the procedure that is about to take place.

I didn't break down in tears which I likely would have if I hadn't taken all of your advice. According to the LA the tenant was fully aware this contract was for 6 month only and were aware of my intentions to move back. They said it was in the interest to be open and honest at the start to avoid situations like this. This has restored my faith in the agent and I believe that they are doing everything they can to evict the tenant. Just need to sort my own homelessness issue out now. But feeling a lot more hopeful

Re the bolded bit: This sounds too good to be true. I would believe it when I see it. Everything is all sorted now; the LA paying court fees and so on...

Have the LA got it in writing from the tenants, that they absolutely intended on the dot after six months?

Have you got anything in writing to back up what the LA has said this morning?

As for the underlined comment; I don't understand what you mean?

I wouldn't say you are out of the woods yet.

Stolley30

Soleil_lune wrote: »

Sounds too good to be true. I would believe it when I see it. Everything is all sorted now; the LA paying court fees and so on...making this promise and that promise...

Have the LA got it in writing from the tenants, that they absolutely intended on the dot after six months?

Have you got anything in writing to back up what the LA has said this morning?

As for the underlined comment; what do you mean by that?

I wouldn't say you are out of the woods yet.

Going through our initial agreement which has been retrieved from storage this morning that yes the letting agent is responsible for the court fees and rent under the guaranteed rent scheme.
I truly can not fault this letting agent, they have been superb. Especially for someone inexperienced in renting out properties like me, they have taken the hassle and ALL costs involved. Which I have in writing. Not sure why I underlined what I did, wasn't intentional! I know I'm not out of the woods yet but I am in a better position than I previously thought.