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Tenants want court order!

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Comments

  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Jeanie_84 wrote: »
    Umm the housing benefit is something many banks won't allow as part of a buy to let mortgage. It's part of what they stipulate. I thought that was unfair but as a result of that and the fact I charged them about almost half of the rental in that area they are now in a position where they can't afford anywhere else in the immediate area.

    Because they are on housing benefit the Council advise them to wait until the bailiffs throw them out. So as a consequence I have to take it that far.

    The system is at fault,- yes I agree it is a faulty system the lack of housing, etc etc. You could argue that if the house was rented to people who were not criteria for housing benefit they would just find somewhere new asap and move out.- that's not true, because anyone with children is eligible to be housed by the council - receiving housing benefit is not the requirement

    So as a result many people don't allow housing benefit which narrows rehoming them even more. So as a result there are wider repercussions.

    I really don't think I need to justify my parents working their butts off all their life and leaving me part of a house when they died. If I was 'rich' there wouldn't be a need to sell that house. I'm just lucky to have had parents who enabled me be in this position.
    irrelevant, you're a landlord
  • wesleyad
    wesleyad Posts: 754 Forumite
    Part of the Furniture 500 Posts
    Jeanie_84 wrote: »
    I guess I have to do what the law says. Wish I had known all this at the time.

    This part worries me, if you didn't know this what else are you neglecting? You need to make sure you look at everything that is required before you serve the S21 else it will be invalid (things like gas safety certs given to tenants, any deposits dealt with properly etc).

    You may want to pursue other avenues here as others as have said. Average time to eviction from date of serving S21 is 6-8 months (depending on how far tenants need to go to be rehomed). This is not going to be over in 2 months time.

    https://england.shelter.org.uk/housing_advice/eviction/how_long_a_section_21_eviction_takes
  • You've been a landlord for nearly a decade. That's more than enough time to have done your research on the law and your responsibilities, and to build up an emergency fund for just such a situation as this.
  • Jeanie_84
    Jeanie_84 Posts: 38 Forumite
    wesleyad wrote: »
    This part worries me, if you didn't know this what else are you neglecting? You need to make sure you look at everything that is required before you serve the S21 else it will be invalid (things like gas safety certs given to tenants, any deposits dealt with properly etc).

    You may want to pursue other avenues here as others as have said. Average time to eviction from date of serving S21 is 6-8 months (depending on how far tenants need to go to be rehomed). This is not going to be over in 2 months time.

    https://england.shelter.org.uk/housing_advice/eviction/how_long_a_section_21_eviction_takes

    They have all this and everything else been done has been done to meet requirements.

    I have other options but that would mean a rent increase that they can't afford. But there concern is that they want to go into council housing now for the stability. They are worried that renting again from a private landlord will mean they have to move again. Which I can understand but I also believe they don't have to be be housed locally but perhaps that depends on the local authority.

    If I could remortgage and keep the rent affordable for them I would do that. You couldn't get more perfect tenants. I have spoken to 3 brokers and there is no way around a significant rent increase.
  • Jeanie_84 wrote: »

    I have other options but that would mean a rent increase that they can't afford.

    Do you know the process you have to go through to increase the rent?
  • Jeanie_84
    Jeanie_84 Posts: 38 Forumite
    Do you know the process you have to go through to increase the rent?

    Yes thanks and appreciate it's not straight forward. ideally they would be agreeable to an increase to stay in the house but it's a void option as they can't afford the amount every other house is rented out for in the area. I could still charge them £300 under the going rate to secure the money but they still can't afford it.

    I have helped them find places still within the distance of the school but cheaper that they can afford. They are now just interested in council housing.

    I am going by the rule book and obviously will have to wait. They had 2 children when they moved in and now have 5 so want to assist them as much as possible. If that means going through the process of courts etc so they can be rehone then it is what it is.
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