Tenants don't want to leave

PasturesNew

rosie_drew wrote: »

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

The thing is, irrespective of what you did/do know or not .... the law is the law.

You have to issue a properly written Section 21, for two months. The two months starts on the next rent date. e.g. if the rent date were the 9th of the month you'd have already missed it and if you issued it tomorrow (11th) then the two months would start on 10th February with a vacating date of 9th April .... and if the tenant doesn't move out on that date you need to be ready to take the next step, to go to court.

dimbo61

You will have me crying next !!!
Did you get permission to Let from your Lender?
Tax man etc

ognum

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

You are right, if you issue a sectio 21 it may well be more than 2 months till you get your home back but if you don't it will be longer.

Please go about this in the correct way for your tenant and for yourself.

you are also right that it is irrelivant that you are 60, ignorance of the law is sadly no excuse. Please tell me you have paid tax on your income, completed a self assessment and done all the required after checks.

tbs624

PasturesNew wrote: »

The thing is, irrespective of what you did/do know or not .... the law is the law.

You have to issue a properly written Section 21, for two months. The two months starts on the next rent date. e.g. if the rent date were the 9th of the month you'd have already missed it and if you issued it tomorrow (11th) then the two months would start on 10th February with a vacating date of 9th April .... and if the tenant doesn't move out on that date you need to be ready to take the next step, to go to court.

Recent CoA case: https://forums.moneysavingexpert.com/discussion/4846092

tbs624

OP - did your T pay you a tenancy deposit and , if yes, have you scheme registered it and given the T the scheme's prescribed information within the time limits?

Your answer to this will affect the validity of any S21 notice.

You may want to have a look at solicitor Tessa Shepperson's LL Law webpages and/or talk to the local LL association. Membership fees for either can be set down against rental income on your tax return.

thesaint

rosie drew, please answer the questions in post #4.
Ignore any questions about the taxman etc. They are irrelevant.

You can get out of this mess, but you need to provide more information.
It may take days, it may take months, but you will get your property back.

Guest101

thesaint wrote: »

rosie drew, please answer the questions in post #4.
Ignore any questions about the taxman etc. They are irrelevant.

You can get out of this mess, but you need to provide more information.
It may take days, it may take months, but you will get your property back.

How is not paying tax, potentially, irrelevant?!

thesaint

Guest101 wrote: »

How is not paying tax, potentially, irrelevant?!

I didn't say it was "potentially" irrelevant. I said it "is" irrelevant
I shall do something I hate others doing to me; Answer a question with a question.

I think the only way the landlord can get their property back by a method that will work 100% is by enforcing a Sec 21 notice.

If this is the case, then would the payment or non payment of income tax have any bearing on whether this action would succeed or not?

Guest101

thesaint wrote: »

I didn't say it was "potentially" irrelevant. I said it "is" irrelevant
I shall do something I hate others doing to me; Answer a question with a question.

I think the only way the landlord can get their property back by a method that will work 100% is by enforcing a Sec 21 notice.

If this is the case, then would the payment or non payment of income tax have any bearing on whether this action would succeed or not?

Potentially not paying tax, not potentially irrelevant. It's very relevant overall to the op! Otherwise a hefty bill and fine is coming

thesaint

If you don't want to answer the question, just pretend you didn't see it.