Tenants Not Moving - How Do I Escalate Matters?

sun8eam

Hi

I have been a landlord for the past 2 years with good tenants who have paid on time and have not been any trouble since they moved in.

I provided 2 month notice prior to the end of the tenancy back in November as I wish to move back into the property. My letting agent advised in January that the tenants had been unable to find somewhere else to live as they were very few houses available. Because of this I helped them by extending the tenancy on a monthly basis (Jan 6th to Feb 6th then Feb 6th to March 6th) and we are now in mid-March and the tenants are still in the property. They have continued to pay their rent on time during this period.

I feel that I have been reasonable and have not tried in any way to force them out.

I would very much appreciate any advice on how best I should approach my Letting Agent. I feel that I should tell him in no uncertain terms that I would like to escalate matters via the courts If necessary as I feel they are dragging their heels and are not pursuing the tenants as they no doubt probably prefer their monthly fees that they receive from the rental.

Thanks for any advice given.

sun8eam.

marliepanda

You need to issue another s21 giving two months then pursue through the courts. You can't do that until then.

jjlandlord

Maybe too late at this point: Sack your incompetent agent.

Pixie5740

As marliepanda says you will need to issue a new S21 giving your tenants another 2 months notice. If they haven't moved out at the end of the 2 months notice period then you will need to apply to court for an eviction notice. Once the eviction notice has been granted the tenants can stay in the property until bailiffs physically remove them although hopefully it won't come to that.

Was the tenants' deposit protected? If not any S21 notice you issue will be invalid.

It sounds like when you've given an inch your tenants have taken a mile. Your also probably right about the LA enjoying their slice of the pie.

sun8eam

Thanks all. I will have to serve a new S21 Notice which I was not aware of. The deposit has been protected, as required, so okay with that! Sounds like I have a few more months of this before they vacate the property.

sun8eam.

G_M

Is rent up to date? If not, use a S8 Notice.

Otherwise serve a S21 (1)(b) Notice. You must provide 2 full calender months notice from date of service, not date you post it. After that, you go to court.

It used to be commonly believed that in a Periodic (monthly) tenancy a S21 (4)(a) was required, with different timesclaes, but that has been clarified by the court of appeal ([FONT=&quot]Spencer V Taylor[/FONT][FONT=&quot] )[/FONT] - use S21 1 b with two calender months.

Your agents have clearly let you down and advised you poorly - sack them.

See also
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Letting Agents (Tips for selecting, and tips for sacking them)

agrinnall

skitler wrote: »

why do folk allow other folk to walk all over them.


send a friend;) round to have a polite word with the squatters.


job done.

There is a right way and many wrong ways to try to regain possession, the right way has been posted several times, yours is one of the wrong ways, will not result in possession, and may result in a criminal conviction for harassment. I suggest you go away and do your trolling elsewhere.

skitler

agrinnall wrote: »

There is a right way to try to regain possession, the right way has been posted several times, yours is one of the wrong ways, will not result in possession, and may result in a criminal conviction for harassment. I suggest you go away and do your trolling elsewhere.

I was just trying to be helpful, as they say "there's more than one way to skin a cat"


having polite words just seems to upset some folk.




ps. to op, as your such kind natured, id like to rent a property from you if you have one, perhaps the one your moving from.
id love a good understanding land lord, as some are right villans.

skitler

osdset
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Quote:
Originally Posted by penrhyn
Nope the Middletons, William is under the thumb of that grasping social climbing family.

I don't like the Middletons, but I don't like the Blairs either, but which shower is worse?

Don't bother differentiating between the two, shoot the lot.






found another one for the report brigade, inciting others to inflict harm

sun8eam

As the AST expired in January (it was a 12-month AST with a 6 month break clause for either side). I have been advised by my Letting Agent that the contract has now rolled onto a monthly periodic (with the same rules being applied as original tenancy) agreement.

So the tenants are paying the rent by standing order on a month by month basis at the moment.

With this current situation, would I serve a S21(B) Notice or a S21(A) Notice?

skitler

sun8eam wrote: »

As the AST expired in January (it was a 12-month AST with a 6 month break clause for either side). I have been advised by my Letting Agent that the contract has now rolled onto a monthly periodic (with the same rules being applied as original tenancy) agreement.

So the tenants are paying the rent by standing order on a month by month basis at the moment.

With this current situation, would I serve a S21(B) Notice or a S21(A) Notice?

doesn't the la know?


whos paying la them or you ! (rhetorical that one), youll get a mixed bag of answers on here.