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

Guest101

nidO wrote: »

Broadly:

If you want a tenant out, you issue them with either a s21 or s8 notice to quit (various requirements/prerequisites on which is used and how/when etc for them to be valid)
If the tenant refuses to leave by the date given (as is their legal right to do) the LL then has to apply to the court for a possession order.
When (if) this is granted if the tenants still refuse to leave per this (as is no longer their right to do) the landlord then applies to the court to have bailiffs evict the tenant.

Essentially, if the tenant refuses to go amicably, a landlord can expect to take a good 4-6 months to get a tenant out, assuming the landlord follows exact procedures to the letter.

Bailiffs enforce court orders - the tenants right to remain in dubious at this stage, but early there is some right to remain, but it is very limited

S21 and s8 notice of intent to take court action - not notice to quit.

Otherwise correct

G_M

More here:

http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

allylou2002

Thanks...interesting...do not think I would ever want to be an LL, seems like a big problem if you wish to have your house back even after a lease has run its course.

G_M

allylou2002 wrote: »

Thanks...interesting...do not think I would ever want to be an LL, seems like a big problem if you wish to have your house back even after a lease has run its course.

Bear in mind that people who post on the forum here are the people with problems.

9 times out of 10 all this legal stuff is irrelevant. Landlords and tenants amicably agree when/how tenancies will end, and neither tries to rip off of scr*w over the other.

The law is there to protect each side from being scr*wed over in those few cases where things go wrong.

Guest101

allylou2002 wrote: »

Thanks...interesting...do not think I would ever want to be an LL, seems like a big problem if you wish to have your house back even after a lease has run its course.

As G_M says, ppl don't post good stories here.

But it should be worth noting that this is usually a problem for people who are I'll prepared. If you know the process can take 4-6 months to resolve, you can plan accordingly.

The law really does protect both sides.

And on the bright side, 9/10 times a LL has a decent tenant who stays a long time.

kinger101

allylou2002 wrote: »

Thanks...interesting...do not think I would ever want to be an LL, seems like a big problem if you wish to have your house back even after a lease has run its course.

As a business goes, I don't think there's a particularly onerous amount of legislation to be aware of. The problem is when people see it as a passive investment (which perhaps it could be with a decent agent), and then fail to do any reading up.

bjbyorkshire

Is there a fixed fee payable when a landlord goes to court to seek an order allowing Bailifs to evict. What sort of costs would be likely to a landlord for the whole process please?

Thanks

jules888

I think it"s ridiculous it takes so long after a S21 is issued to get a tenant to move out.I"ts a lot more complicated now to be a landlord than when i was one with my parents house in 1991 to 1995.
No way i"d do it now!

Guest101

jules888 wrote: »

I think it"s ridiculous it takes so long after a S21 is issued to get a tenant to move out.I"ts a lot more complicated now to be a landlord than when i was one with my parents house in 1991 to 1995.
No way i"d do it now!

Blame the private companies who log up the court system.
In theory it can take 2 days - 1 for hearing, 1 for bailiffs.

HamiltonPOLE

Pixie5740 wrote: »

Not that naïve a foreigner that she managed to acquire a property in the most expensive city in the UK and collect money from her tenants whilst probably failing to carry out any of her legal responsibilities as a LL.

G_M wrote: »

There are 2 potential ways to get rid of the tenants. For full details, read this post here (thanks pixie for earlier link):

1) If the tenants owe 2 months rent, or more, issue a S8 Notice (see the link). Assuming they still owe 2 months at the time of the court case, the judge will awardyou mother possession.

2) Use a S21 Notice:
a) return the deposit in full first (or S21 will not be valid)
b) make sure the property does not need licencing as an HMO, and if it does, that the licence is in place (or S21 will not be valid)
c) issue a correct S21 Notice (with correct dates)
d) wait 2 months till date of expiry on S21
e) apply to court and await court date/decision
f) apply for bailiffs to enforce court judgement

sorted!

2) above assumes the fixed term of the tenancy agreement has ended, or will end within 2 months. If not, wait till end of fixed term).

I too hope your mum has not yet Exchangd Contracts on the sale of the property or she is in deep doodoos!

Be aware that if the tenants are angry about any of this they could

* sue for failure to register the deposit
* report your mum to HMRC for tax evasion if she has not paid tax on the rent
* report mum to council if HMO licencing not complied with
* report mum to HSE if gas safety certificate required and not in place
* report mum to freeholder if it's a leasehold flat with no consent
etc etc

This might also help:

New Landlords (information for new or prospective landlords)

Yep the 2 month without rent payment has passed now, by the looks of things my mum should get her property back soon.