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Tenants don't want to leave

24

Comments

  • She's playing the "Its not me I'm worried for...its my children" card. Can you in return play the "It's my home and I need it to live in myself" card?

    I have a vague idea that someone cannot be denied the right to live in their own home if they need to (ie because they don't have anywhere else to live)...but I couldn't vouch for that. Suggest you google as to whether your tenant can legally make you homeless by refusing to allow you to move back into your own home.

    I wouldn't want to rely on these grounds in court as the OP is moving back to sell it... so not being made homeless by anyone but herself.

    OP, you need to answer GM's questions if you want to regain your property legally and in a timely manner. No-one can advise you yet on the information so far given.
    3.9kWp solar PV installed 21 Sept 2011, due S and 42° roof.
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  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    She's playing the "Its not me I'm worried for...its my children" card. Can you in return play the "It's my home and I need it to live in myself" card?

    I have a vague idea that someone cannot be denied the right to live in their own home if they need to (ie because they don't have anywhere else to live)...but I couldn't vouch for that. Suggest you google as to whether your tenant can legally make you homeless by refusing to allow you to move back into your own home.

    This has been the tenants home, it is unsympathetic to suggest 'she is playing a card' you and I only have the OPs side of this story. The OP does appear to be pushing the tenants, it is just after Christmas, hey have two small children and are being asked to move.

    I would also take more than four days to reply, I would need to think about the best steps for my family and that may be staying passed the notice period in order to get rehoused, who knows. I do have sympathy with this tenant and I am a landlord myself.
  • I feel sorry for the poster, yes, sounds like she has not done "proper" way in writing but sounds like tenant would have been aware of intention. Just do via proper way in writing snd wait. Who would be a landlord!
  • goonarmy
    goonarmy Posts: 1,006 Forumite
    Why do people think a text message is an appropiate business (any business, not just letting) communication tool? Its for arranging to go out with your mates and thats it.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yep...it could well be construed as "unsympathetic", but there do seem to be rather a lot of people that go after what they want for themselves personally and use their children as a "bargaining card" to get a bit of leverage. I guess its not that surprising that others get fed-up with people being a bit !!!!less and expecting others to "carry the can" for them because they have sat down and wondered what they can use to help them and gone "I know...I have children...I'll plead that as a reason why I mustn't have whatever whatever that I could have avoided but didnt....".

    I guess its not surprising that some of us get fed-up with children being used as "bargaining cards"....

    I can say that now I have a "bargaining card" of my own at last....ie "I'm a pensioner now...so don't hurt me"...

    But the tenant should not have been exposed to using her children as leverage if indeed that is what she did.

    The OP, the landlord, should use the correct methods, the legal ones for carrying out her buisness.

    It doesn't matter if the OP lives in a caravan or in a hostel they have made a legal tenancy agreement, they should follow the appropriate steps.

    The tenant is legally allowed to stay where she is with her children until evicted. Too many people go into being a landlord thinking they are doing it as a favour etc etc. It's a buisness, it doesn't matter if it was your home or not it's a buisness and should be approached as such.

    Money- I won't go into what my 'bargaining cards are' but it doesn't matter because I don't intend to use them!
  • I_have_spoken
    I_have_spoken Posts: 5,051 Forumite
    I have been living in a caravan saving my money.

    I hope you can cope with living there for another year until you get your house back, the tenant only need to get herself preggers again and no Court will evict...
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I hope you can cope with living there for another year until you get your house back, the tenant only need to get herself preggers again and no Court will evict...

    Nonsense.

    Quote the law, otherwise complete rubbish
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I hope you can cope with living there for another year until you get your house back, the tenant only need to get herself preggers again and no Court will evict...
    Depends entirely on the still unanswered questions I asked earlier.

    A correctly served S21 is a 'no fault' eviction process.

    The landlord needs give no reason and the court has minimal discretion (beyond giving the tenant a week or two extra in extreme circumstances).
  • Thanks for your responses. I let my house because I couldn't afford to stay it would have been reposed.

    I chose to go into a caravan in order to save up money and then return and sell the property two yeArs on.

    I have never let a property. I didn't realise that I had to issue a section 21. I do now though. I stupidly thought As it was a rolling monthly agreement thAt I could merely give her notice via email and telephone. I thought allowing 2.5 months would be Adequate but as she has said she has three young children.

    I have only given notice by technology.

    My concern is if I were to issue a section 21 in the next week or so, I would not be able to return home until two months from that date.

    I know it's irrelevant that I am almost 60 but I am very worried. Ta
  • Guest101
    Guest101 Posts: 15,764 Forumite
    rosie_drew wrote: »
    Thanks for your responses. I let my house because I couldn't afford to stay it would have been reposed.

    I chose to go into a caravan in order to save up money and then return and sell the property two yeArs on.

    I have never let a property. I didn't realise that I had to issue a section 21. I do now though. I stupidly thought As it was a rolling monthly agreement thAt I could merely give her notice via email and telephone. I thought allowing 2.5 months would be Adequate but as she has said she has three young children.

    I have only given notice by technology.

    My concern is if I were to issue a section 21 in the next week or so, I would not be able to return home until two months from that date.

    I know it's irrelevant that I am almost 60 but I am very worried. Ta

    Serve a correct s21, u won't return for at least two months, that is a 95% certainty. U may not return for upto 5 months if they choose not to leave.

    Have you protected their deposit? Declared the income? Had had safety check done?
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