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My mum's tenants won't leave...

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Comments

  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    Tenants won't be going anywhere for a good while then!
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    HamiltonPOLE wrote: »
    it was for a room in a house?



    What does that mean? Did the tenant rent the whole property or just one room?


    Did you mum live in the property with the tenant?
  • HamiltonPOLE
    HamiltonPOLE Posts: 61 Forumite
    Pixie5740 wrote: »
    You don't have to be aware but as the LL your mother should be. What kind of tenancy is in place?
    When did it start?
    What kind of note did your mum send them? Was it a Section 21 notice?


    A tenancy can only be ended by the tenant or a court, not the LL. So assuming your mum has issued a Section 21 correctly and protected the deposit correctly then she can apply to court for an eviction order. A Section 21 is mandatory grounds for gaining possession of the property so providing she has got the paperwork correct then she will be granted an eviction order.


    If the tenants are also in arrears then your mum could also issue a Section 8 as a belt and braces approach.


    Edit: Just realised your mum sent a note giving 1 months notice so a Section 21 has not been served (correctly).

    1) it was a short t agreement
    2) start 20th june 2014
    3) plane letter, no s21 sign on it
  • HamiltonPOLE
    HamiltonPOLE Posts: 61 Forumite
    Pixie5740 wrote: »
    What does that mean? Did the tenant rent the whole property or just one room?


    Did you mum live in the property with the tenant?

    She rented out each room to different individuals. We live somewhere else

    What procedures/steps should I advise my mum to take? I just to get this done quick, as i have to go back to uni. I guess she is in deep s right now :(.
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    HamiltonPOLE wrote: »
    She rented out each room to different individuals.

    What procedures/steps should I advise my mum to take?
    Shouldn't your mum be the one seeking advice? why on earth didn't she find out the legalities of the situation before deciding to sell the house?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    HamiltonPOLE wrote: »
    She rented out each room to different individuals. We live somewhere else

    What procedures/steps should I advise my mum to take? I just to get this done quick, as i have to go back to uni. I guess she is in deep s right now :(.

    No idea why the room part is relevant?

    Either issue s21, or pay them to leave....
  • Guest101
    Guest101 Posts: 15,764 Forumite
    And WAS THE DEPOSIT PROTECTED?

    Or your mum is likely to get sued...
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    HamiltonPOLE wrote: »
    She rented out each room to different individuals. We live somewhere else

    What procedures/steps should I advise my mum to take? I just to get this done quick, as i have to go back to uni. I guess she is in deep s right now :(.



    Your mum might very well be in deep s**t.


    Read, or better still, get her to read this guide on ending a tenancy.


    http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6
  • HamiltonPOLE
    HamiltonPOLE Posts: 61 Forumite
    fairy_lights wrote: »
    Shouldn't your mum be the one seeking advice? why on earth didn't she find out the legalities of the situation before deciding to sell the house?

    I guess she is just a naive foreigner. I'm not sure, she never spoke of any problems when she spoke to me over the phone whilst I was abroad.
  • anselld
    anselld Posts: 8,683 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    HamiltonPOLE wrote: »
    What procedures/steps should I advise my mum to take? I just to get this done quick, as i have to go back to uni. I guess she is in deep s right now :(.

    Employ someone who knows what they are doing.

    Either get the solicitor who is handling the sale to do it if they deal in L/T Law. Or employ a specialist firm, e.g. LandlordAction (no doubt others are available)
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