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Tenants want court order!

Jeanie_84
Posts: 38 Forumite
Hi
I have rented out my house for 9 years to a lovely family with kids. Unfortunatly I need to sell the property asap to pay off money to purchase my current home.
I offered the tenants first refusal but they sadly can't buy it and I have been charging them well below the going rent. This was great for them but now they can't afford to rent in the area. I guess it didn't manage the reality of renting in London. They have asked me to get a court order as this will help force the council to rehome them locally as their kids are at school. They say otherwise they don't know what they will do.
This really concerns me. I need to sell the house asap (giving them 3 months notice) otherwise I will end up in a pickle in my current home.
Is it really the the case that a court order will help them?
I truly want to support them in finding a new home but this doesn't sit comfortably with me.
Any advice would be welcome. As I say I want to help them.
I have rented out my house for 9 years to a lovely family with kids. Unfortunatly I need to sell the property asap to pay off money to purchase my current home.
I offered the tenants first refusal but they sadly can't buy it and I have been charging them well below the going rent. This was great for them but now they can't afford to rent in the area. I guess it didn't manage the reality of renting in London. They have asked me to get a court order as this will help force the council to rehome them locally as their kids are at school. They say otherwise they don't know what they will do.
This really concerns me. I need to sell the house asap (giving them 3 months notice) otherwise I will end up in a pickle in my current home.
Is it really the the case that a court order will help them?
I truly want to support them in finding a new home but this doesn't sit comfortably with me.
Any advice would be welcome. As I say I want to help them.
0
Comments
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If the tenants want the council to house them they cannot make themselves intentionally homeless. Therefore you will need to serve the section 21 notice, get a possession order, and possibly go as far as bailiffs. Quite how far you have to go will depend on your council. I'm never quite clear what the official policy should be but in practice a lot of councils have a shortage of homes so practise what is called gatekeeping.
What homelessness units say to tenants and why
http://www.landlordlawblog.co.uk/2017/10/24/homelessness-units-say-tenants/0 -
If the tenants want the council to house them they cannot make themselves intentionally homeless. Therefore you will need to serve the section 21 notice, get a possession order, and possibly go as far as bailiffs. Quite how far you have to go will depend on your council. I'm never quite clear what the official policy should be but in practice a lot of councils have a shortage of homes so practise what is called gatekeeping.
What homelessness units say to tenants and why
http://www.landlordlawblog.co.uk/2017/10/24/homelessness-units-say-tenants/
This would be a real shame as despite the bank advising me not to take on anyone needing housing benefit my gut told me otherwise and they have been brilliant. But from reading this my life will be made difficult and I will potentially be the one homeless while they are able to sit in my house for ages.
I had to rent out my home to look after elderly parents and it was never a business making thing.
Obviously I don't want this family homeless and living on the streets. It's an unfortunate situation as time is. It on my side.
I guess I have to do what the law says. Wish I had known all this at the time.0 -
Is it really the the case that a court order will help them?
You can't end the tenancy; only the tenants or a court can do that. The tenants won't wish to end it if they want council help, because that would mean they'd made themselves intentionally homeless, so might not meet the criteria for assistance.
You can serve an S21, which is an invitation for the tenant to vacate the property. They will sit tight for 2 months, when, if you've served the S21 correctly, you can apply to the courts for a possession order.
I see franklee has already covered the rest, so I will just add that, on average, evictions in England & Wales take around 40 weeks. You might well do better than that, but gaining possession in 3 months is most likely unrealistic.0 -
Mine took 12 weeks. But the tenants may not be in the position they think. They need to look at how their council handles homelessness. Some councils will just dump families on the coast in B&B because the costs are cheaper. Some will find a private rental in anther county (like the Midlands) and they can only appeal after moving. Evicting them will NOT necessarily force the council to rent to them locally and certainly not within reach of what are presently local schools.They may have to look for a cheaper area and new schools themselves.., at least they have some choice then which they won't if the council says "We have a nice property for you, its in Birmingham, you have to move tomorrow" . I'm sorry but this can happen. I was lucky, I wasn't in a borough that does this at present but it looks like they are heading this way. But I didn't live in London either. Tell them to watch 'How to Get a Council House'.., its reality not fiction unfortunately.
Being accepted as homeless and the council deciding they have a duty to house them is not the answer it was decades ago. It does not always lead to social housing. Just other housing. The tenants may not yet realise they also have to pay the court fees. You pay them initially when starting the court case, the judge awards fees to the tenants at the end. Its about £500 for both possession order and bailiffs warrant, which most councils will be looking for.
Its a terrible position to be in. There are no choices. I appreciate its not good for you as a LL either. I am afraid you are equally helpless.But the tenants aren't to blame for choices you made as you went along. Choices you might not have made if better informed, which only you could make sure you were.
If you are having problems managing finances, it might be time to seek some financial advice From your post it seems you need the money to pay off something on your current home? You aren't purchasing currently? You could possibly look into using an auction to sell (the property with sitting tenants) but will not get as much money, there's no guarantee it will sell. It depends how much you need. If you haven't made a purchase you might have to withdraw until you have sold this property.
Is it a Help To Buy Problem (i.e. you are due to start paying on the money given under the scheme)? Obviously how accurate our replies are depends to a large extent, on our understanding of the situation. If you don't want to post such details on here you will have to seek financial advice.0 -
deannatrois wrote: »Mine took 12 weeks. But the tenants may not be in the position they think. They need to look at how their council handles homelessness. Some councils will just dump families on the coast in B&B because the costs are cheaper. Some will find a private rental in anther county (like the Midlands) and they can only appeal after moving. Evicting them will NOT necessarily force the council to rent to them locally and certainly not within reach of what are presently local schools.They may have to look for a cheaper area and new schools themselves.., at least they have some choice then which they won't if the council says "We have a nice property for you, its in Birmingham, you have to move tomorrow" . I'm sorry but this can happen. I was lucky, I wasn't in a borough that does this at present but it looks like they are heading this way. But I didn't live in London either. Tell them to watch 'How to Get a Council House'.., its reality not fiction unfortunately.
Being accepted as homeless and the council deciding they have a duty to house them is not the answer it was decades ago. It does not always lead to social housing. Just other housing. The tenants may not yet realise they also have to pay the court fees. You pay them initially when starting the court case, the judge awards fees to the tenants at the end. Its about £500 for both possession order and bailiffs warrant, which most councils will be looking for.
Its a terrible position to be in. There are no choices. I appreciate its not good for you as a LL either. I am afraid you are equally helpless.But the tenants aren't to blame for choices you made as you went along. Choices you might not have made if better informed, which only you could make sure you were.
If you are having problems managing finances, it might be time to seek some financial advice From your post it seems you need the money to pay off something on your current home? You aren't purchasing currently? You could possibly look into using an auction to sell (the property with sitting tenants) but will not get as much money, there's no guarantee it will sell. It depends how much you need. If you haven't made a purchase you might have to withdraw until you have sold this property.
Is it a Help To Buy Problem (i.e. you are due to start paying on the money given under the scheme)? Obviously how accurate our replies are depends to a large extent, on our understanding of the situation. If you don't want to post such details on here you will have to seek financial advice.
Thanks. I don't blame the tenants at all, I guess it's there to protect them but not all landlords are uber rich property owners with 10 houses.
I did advise then to doubecheck how the process works as I have known councils to send people with children to the other side of the country.0 -
Hi
I have rented out my house for 9 years to a lovely family with kids. Unfortunatly I need to sell the property asap to pay off money to purchase my current home.
I offered the tenants first refusal but they sadly can't buy it and I have been charging them well below the going rent. This was great for them but now they can't afford to rent in the area. I guess it didn't manage the reality of renting in London. They have asked me to get a court order as this will help force the council to rehome them locally as their kids are at school. They say otherwise they don't know what they will do.
This really concerns me. I need to sell the house asap (giving them 3 months notice) otherwise I will end up in a pickle in my current home.
Is it really the the case that a court order will help them?
I truly want to support them in finding a new home but this doesn't sit comfortably with me.
Any advice would be welcome. As I say I want to help them.
You will not be selling the house in 3 months.
Yes the council will not house them unless you have correctly evicted them0 -
This would be a real shame as despite the bank advising me not to take on anyone needing housing benefit my gut told me otherwise and they have been brilliant. But from reading this my life will be made difficult and I will potentially be the one homeless while they are able to sit in my house for ages.
I had to rent out my home to look after elderly parents and it was never a business making thing.
Obviously I don't want this family homeless and living on the streets. It's an unfortunate situation as time is. It on my side.
I guess I have to do what the law says. Wish I had known all this at the time.
What the hell does the fact your tenants receive housing benefit have to do with anything? Do you think the law is different for those who don't? Many who work also receive housing benefit so it does not follow that those who do not can automatically afford to just rent somewhere else.0 -
I don't know anything about selling houses with tenants admittedly, but can you not just sell the property on with tenants in situ?0
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Sell it as a rented property I!!!8217;d snap em up Tbh if they been 9 years.
Or bung em a nice wad of cash to pay for there next deposit, be cheaper than court0 -
This would be a real shame as despite the bank advising me not to take on anyone needing housing benefit my gut told me otherwise and they have been brilliant. But from reading this my life will be made difficult and I will potentially be the one homeless while they are able to sit in my house for ages.
I had to rent out my home to look after elderly parents and it was never a business making thing.
Obviously I don't want this family homeless and living on the streets. It's an unfortunate situation as time is. It on my side.
I guess I have to do what the law says. Wish I had known all this at the time.
In your other three you're inheriting either your father's house or the best part of £500K. If need be, can you not rent for a while?0
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