Tenants won't leave

Tiddlywinks

louiserer wrote: »

No, I don't really understand.

My property is let through an agent. I have a consent to let on my mortgage.

How about starting your own thread rather than muddying the waters on this one.

chelle_belle wrote: »

Thanks very much for your advice kmmr.

I realise now that I was hasty in firing off the S21 without first checking the facts but seeing as this is invalid due to my not providing the prescribed information and potentially getting the date wrong can this be ignored in the interim? If so should I contact the tenants asking them to ignore it saying that i got the date wrong? I know that makes me look foolish but i'm going to have to live with that. Incidently they haven't notified me that they are withdrawing their notice to leave, i was informed this by the council. They still have until the 15th June to leave although obviously they are not going to do this given the advice they've had.

I have spoken with the DPS and they have confirmed that I should have sent prescribed information to the tenant which I did not do. Another of my mistakes it seems. I thought that securing the Deposit with them and them informing the tenant was enough. Despite my errors I really have been tying to do the right thing.

Do you think then I should contact the council, allowing them to claim HB (although now i'm relying on the tenants to forward to HB on to me), repay the deposit as I haven't followed correct procedures and then re issue a S21 so that I can submit a claim for possession through the courts? I know it seems harsh to let them claim HB and then issue a S21 but i feel that relations have broken down between us now and i'd rather start a fresh with new tenants and making sure it's all above board. Whilst fault lays largely with me during this debacle there has been some very underhand tactics played by them also and the trust is gone. If i return the deposit and then issue the S21 does this effect any claim for possession i submit to the court?

OP - you entered into a business arrangement with your tenants when you rented your property to them.

You said yourself that you bought the property to rent it out.

You owe it to your tenants - present and future - to get a grip of your knowledge and business.

Rather than asking strangers on here who cannot know the circumstances, you need to seek professional advice.

You also need to get your business affairs with your mortgage in order too.

suziqqq

I guess the OP doesn't want housing benefit as it may uncover that they do not have a buy to let mortgage.

thesaint

suziqqq wrote: »

I guess the OP doesn't want housing benefit as it may uncover that they do not have a buy to let mortgage.

In all my years, dealing with hundreds of housing benefit claims, I have never come across the housing benefit requiring to ask about whether there is a mortgage on a property; or if the landlord has a buy-to-let mortgage.

suziqqq

We were declined housing benefit because the landlord claimed he lived in the house we were trying to claim for and not us

Annie1960

louiserer wrote: »

No, I don't really understand.

My property is let through an agent. I have a consent to let on my mortgage.

You are obliged to complete a tax return for HMRC even if the amount of tax you owe is zero.

Annie1960

suziqqq wrote: »

I guess the OP doesn't want housing benefit as it may uncover that they do not have a buy to let mortgage.

Exactly what I suspect.

jamie11

I am not sure how to fix this. I'd go onto the landlordzone website as they have experts. Plus there is somewhere there who runs an agency who will do it for you for a fee. Might be cheaper in the long run.

Unfortunately (for you) The man at LLZ that used to do that no longer posts.

The advice you already have from G_M and others is spot on.

chelle_belle

Thanks everyone for your responses (helpful and scathing!).

Just one last question so I can get this clear in my head.

Because I didn't issue the prescribed information within 30 days I should refund the deposit before issuing the Section 21.

What effect will this have on my claim for possession at court? If the tenants never file a claim for the penalty (up to 3x deposit amount) would a judge question why I have returned the deposit before issuing Section 21?

Thanks again, I really thought I had been following correct procedure regarding the tenants, deposit and Section 21.

Yorkie1

chelle_belle wrote: »

Although i'm unsure as to what date to put on the notice as the tenancy started on 13th April 2013 for 6 months but rent was paid on 15th of each month.

Thanks

The rental periods are the 13th of one month - 12th of the next month. The date when rent is paid is irrelevant for these purposes.

chelle_belle wrote: »

Thanks very much for your advice kmmr.

I realise now that I was hasty in firing off the S21 without first checking the facts but seeing as this is invalid due to my not providing the prescribed information and potentially getting the date wrong can this be ignored in the interim? If so should I contact the tenants asking them to ignore it saying that i got the date wrong? I know that makes me look foolish but i'm going to have to live with that. Incidently they haven't notified me that they are withdrawing their notice to leave, i was informed this by the council. They still have until the 15th June to leave although obviously they are not going to do this given the advice they've had.

I have spoken with the DPS and they have confirmed that I should have sent prescribed information to the tenant which I did not do. Another of my mistakes it seems. I thought that securing the Deposit with them and them informing the tenant was enough. Despite my errors I really have been tying to do the right thing.

Do you think then I should contact the council, allowing them to claim HB (although now i'm relying on the tenants to forward to HB on to me), repay the deposit as I haven't followed correct procedures and then re issue a S21 so that I can submit a claim for possession through the courts? I know it seems harsh to let them claim HB and then issue a S21 but i feel that relations have broken down between us now and i'd rather start a fresh with new tenants and making sure it's all above board. Whilst fault lays largely with me during this debacle there has been some very underhand tactics played by them also and the trust is gone. If i return the deposit and then issue the S21 does this effect any claim for possession i submit to the court?

Seems to me that they've been up front with you and have only done as advised by the council in order not to render themselves voluntarily homeless.

I see no reason why you shouldn't tell them to ignore the original s.21 at the same time as you return their deposit, and subsequently re-issue the s.21. I'd also explain to them why you're having to take steps to evict them i.e. because of the council advice - it's not personal.

The court should only look at the latest s.21.

I also see no reason why you can't support their HB application in the meantime. It means your arrears are likely to be less in the long run.

chelle_belle wrote: »

Because I didn't issue the prescribed information within 30 days I should refund the deposit before issuing the Section 21.

What effect will this have on my claim for possession at court? If the tenants never file a claim for the penalty (up to 3x deposit amount) would a judge question why I have returned the deposit before issuing Section 21?

Yes, you must return the deposit and re-issue the s.21, taking care to get the dates right.

Your claim for possession of the property is separate from any claim by the tenants for penalty re. the deposit. The judge will simply consider whether you have followed the correct legal process in assessing whether to award you possession.

Edit to add: I suggest that you join a local or national landlords' association. They will be able to help you with this and the joining fee is tax deductible.

Annie1960

chelle_belle wrote: »

Thanks again, I really thought I had been following correct procedure regarding the tenants, deposit and Section 21.

And what, exactly, led you to believe you were following the correct procedure?