We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
how to get tenant to leave
Comments
-
quote by BobProperty;
"Don't you have to specify that in the tenancy agreement. i.e. the tenancy agreement must warn the tenant that it used to be the landlord's family home so they may need it back for that purpose in the future?"
A good urguement but I don't think that sort of info "has" to be included in the Tenancy agreement.
You may be thinking about "in the prescribed form" which applies more to the Section 21 Notice. Many s21's that I have seen don't have "enough" information on them for the tenant and could potentaly prove invalid if challanged in court.
The "classic" information often left off s21's is "notice can not expire before the end of the "term" of the tenancy" most important if the tenancy is for a period greater then 6 months. Most tenants just think that after 6 months their landlord can issue notice.0 -
have you thought about contacting the tenants, offering to pay a couple months rent and moving costs if they leave early.
it will likely be a couple of months legal stuff plus you having to rent, possibly needing to get a long term lease yourself.
Yes. Now this is what I always say that SHOULD be considered.
It will be the "quickest" and "cheapest" solution in the long run!!!!!!!!!0 -
I thought it had if you were to use Section 8? point ? as grounds for possession. Anyway, S21 is much more straightforward.quote by BobProperty;
"Don't you have to specify that in the tenancy agreement. i.e. the tenancy agreement must warn the tenant that it used to be the landlord's family home so they may need it back for that purpose in the future?"
A good urguement but I don't think that sort of info "has" to be included in the Tenancy agreement.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
you might want to read through this thread about the flip side of the situation... i was recently asked to leave by my landlord due to a familiy member needing to stay in the flat.
http://forums.moneysavingexpert.com/showthread.html?t=552192
We stayed on good terms with the landlady (just!) so managed to sort out something that suited both parties in the end. I think that is the paramount thing here - especially as it may be that your tenant can sue for 3x their deposit!
have you looked at renting somewhere yourself - it may be you could find somewhere available immediately and sign a short term lease giving you time to properly evict your tenant and move out from your patners sooner.0 -
BobProperty wrote: »I thought it had if you were to use Section 8? point ? as grounds for possession. Anyway, S21 is much more straightforward.
Sorry BobProperty ....................................... your right!
Housing Act 1988 section 8 (1)(a) - 7(6)(b)
I've been having trouble with my LL and just looked in my agreement to see if anything was mentioned in my agreement about this matter .... nothing in mine.
About Section 21. I have twice beaten my LL using one to gain possession. The first time the application was dismissed by the court. The second time - my landlord was so mad - he went for Summary Judgement and the judge dismissed that claim as well. The court ordered that he pay my legal fees for defending both applications (£2900).
So, on rare occasions - and involving an unusual tenancy agreement - a Section 21 claim for possession CAN be defeated!0 -
Yes, it seems that under Section 8, ground 1; if you give your tenant notice in writing prior to the start of the tenancy that the dwelling used to be your primary residence & you require for that again."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Talk to your tenants. We tenants are human beings. If you talk this through with them, explaining exactly what has happened, and make yourself aware of their situation as well as making them aware of your situation, this is likely to be resolved a lot more quickly than if you just think about the legalities.
If you treat them as an inconvenience and are not sympathetic to the position you are about to put them in, that's when bad feeling will arise and things could get nasty.0 -
why is moving back in your only option?
when you lived there you paid the mortgage, now the tenants are in they are paying rent which covers your mortgage. Surely this means you can afford to pay to rent somewhere else?0 -
Talk to your tenants. We tenants are human beings. If you talk this through with them, explaining exactly what has happened, and make yourself aware of their situation as well as making them aware of your situation, this is likely to be resolved a lot more quickly than if you just think about the legalities.
If you treat them as an inconvenience and are not sympathetic to the position you are about to put them in, that's when bad feeling will arise and things could get nasty.
I think you should talk to your tenants after you serve a section 21 that means they need to be out on newyears day. Given the timing explain that the section 21 is just the legal requirement and you'll be looking to be flexible / helpful to them and also explain your situation. Given the timing I think they'll start looking for somewhere straight away and take their option to leave on 1st dec.
You could even offer to return the deposit early (use it to pay the deposit on their next place to make sure your not sticked up)
Good luck0 -
How about a "house share" with an off-set of rent? (for the tenant)
You never know, "it could be the start of a beautiful friendship!"?
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604.1K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards