Evicting my tenants

dirtycredit

Are you also selling where you live currently? If you are are selling your current main residence you will not be liable for additional stamp duty even though you also own a Buy-to -let because you are replacing your main residence.

theartfullodger

Hmaginness wrote: »

I am not profiting from this property and merely want to sell and move on. I would never dream of digging my heels in and refusing to leave a property and so of course want to do what i can to avoid a bill of £000's

One option available to you is to offer some of these £000's to the tenant to leave: Morally shaky perhaps... morally somewhat fairer perhaps in that it wouldn't just be you benefiting from this tax "contortion".

You've been renting the place out & not profiting from that? Oh well, free country (!?!)

Cheers!

Hmaginness

Thanks for the comments, well some of them! I have also offered to sell the property with them as sitting tenants but they are refusing.

Would the council need to know this aswell?

As an aside, I cant speak to anyone that will help at the council as they are all telling me its client confidentiality and privacy. I understand this, but there has been no one to advise me on the best way forward for everyone

Pixie5740

Hmaginness wrote: »

Thanks for the comments, well some of them! I have also offered to sell the property with them as sitting tenants but they are refusing.

It's got SFA to do with the tenants how and when you decide to sell the property. If you sell it when them in-situ the new owner will become their landlord and their tenancy will just continue.

Hmaginness wrote: »

Would the council need to know this aswell?

I doubt they'd be in the slightest bit interested.

Hmaginness wrote: »

As an aside, I cant speak to anyone that will help at the council as they are all telling me its client confidentiality and privacy. I understand this, but there has been no one to advise me on the best way forward for everyone

The council aren't there to advise you as a landlord. As a landlord you are supposed to know what you are doing. You chose to let out the property. You chose to accept rent. You chose to abide by the laws of an AST and the eviction process is covered by those laws.

The only thing you can do is follow the due process and providing you have dotted all the i's and crossed all the t's you will get your possession order.

dirtycredit

Are you sure about that?

Apologies - you're right the refund only applies to main residences also. I've edited the comment.

theartfullodger

Hmaginness wrote: »

Thanks for the comments, well some of them! I have also offered to sell the property with them as sitting tenants but they are refusing.....................

I take it the "they" is the tenants? If so, you are perfectly entitled to sell the place with them staying, you don't need their permission. (Actually, they don't even have to know until after completion, albeit it would be polite to inform them, obvs...)

They, equally (unless some very untypical & rare clauses are in the tenancy) don't have to permit viewings, surveys, valuations, etc etc etc...: {The usual "24 hrs notice for an inspection" doesn't cover the visits listed above}. Nothing to stop you offering a significant rent drop (say 50%) to permit such interruptions to their quiet enjoyment.

Cheers!

Hmaginness

dirtycredit wrote: »

Are you also selling where you live currently? If you are are selling your current main residence you will not be liable for additional stamp duty even though you also own a Buy-to -let because you are replacing your main residence.

Unfortunately not, I am moving from rental myself. I had to move house and cities so rented elsewhere ... mistake!

pinkshoes

Hmaginness wrote: »

Thanks for the commentzs, well some of them! I have also offered to sell the property with them as sitting tenants but they are refusing.

Would the council need to know this aswell?

As an aside, I cant speak to anyone that will help at the council as they are all telling me its client confidentiality and privacy. I understand this, but there has been no one to advise me on the best way forward for everyone

The best way forward is to check the S21 has been served correctly (only valid of property protected), take it to court when it expires, then bailiff eviction.

THEN sell it.

Remind them they will need money to pay the court costs otherwise they will end up with a CCJ.

Or could you offer to pay all their fees to let another property with an agent if they move out?

Hmaginness

pinkshoes wrote: »

The best way forward is to check the S21 has been served correctly (only valid of property protected), take it to court when it expires, then bailiff eviction.

THEN sell it.

Remind them they will need money to pay the court costs otherwise they will end up with a CCJ.

Or could you offer to pay all their fees to let another property with an agent if they move out?

We thought of that, but they are only talking about getting a council house with a garden and that they don't want to rent privately again.

I have to be careful as they may well bring up my offer in court and take it as harassment? Also im not sure what references they now have as the lead tenant isn't working and the second tenant has been in and out of work.....Ive had to forego rent whilst he finds new work (never missed 8 weeks rent though which is when you can legally evict through rent arrears)

Pixie5740

Unless there is an abundance of social housing in the area then the chances of them getting a council property, never mind one with a garden are slim to none. It's more likely that they will be placed in emergency accommodation. Let them live in Fantasyland. You won't be able to reason with them so just plough ahead with getting a possession order.

I don't know the ins and outs of this but I believe that rather than relying on County Court bailiffs to evict the tenants once the possession order has been granted it is possible to kick it up the High Court and have High Court Enforcement Orders carry out the eviction. It's faster than waiting for the County Court bailiffs but it is more expensive.