Tenants eviction

babyblade41

GDB2222 wrote: »

S8 may be quicker, but it's not quick. You may be better off taking a very very deep breath and offering them money to leave.

That didn't work in my case as my tenants were on HB , they were advised by the local council to stay until bailiffs arrive or else they won't be re-homed

GDB2222

Sunita007 wrote: »

There have been no rent arrears so far(except for the 5 days this month that they have overstayed)

S8 does not apply, then.

I'm sceptical whether the average estate agent is capable of getting a S21 notice right, along with all the other paperwork to do with the tenancy. (No aspersions on Gibbs Gillespie, who may be the exception to the rule.)

If it's essential to move back in again ASAP, either bribe the tenants to leave or get a solicitor involved right now. The solicitor can check whether everything has been done correctly and can possibly correct any errors.

GDB2222

babyblade41 wrote: »

That didn't work in my case as my tenants were on HB , they were advised by the local council to stay until bailiffs arrive or else they won't be re-homed

That's one of the reasons why some landlords don't want tenants on benefits.

hb2

I will admit that I didn't read the OP thoroughly, but I don't see anything that indicates a need for the OP to move back in urgently?

45002

anselld wrote:

It is not bypassing, it is a completely separate process. s21 is a non fault eviction but I would reiterate to check validity with a fine tooth comb because there are multiple pitfalls (see link) and many agents are not competent to get it right.

If all ok then yes, accelerated possession followed by High Court Enforcement is the quickest.

https://forums.landlordzone.co.uk/forum/residential-letting-questions/72292-enforcement-of-a-possession-order-using-the-hceo-route?70594-Enforcement-of-a-Possession-Order-using-the-HCEO-route

When applying for HCEO to evict tenants, is only a discretionary order and Judges can turn down such request....






....

Sunita007

Unfortunately the property in question is our home and only property.,it was meant to be a short let for a year. We are in rented accommodation about 10 miles away and our tenancy is coming to an end by the end of the month. I might have to request the landlord to extend our tenancy by two months. I dread to think that it can be longer than that.

G_M

anselld wrote: »

You haven't stated if they are actually in rent arrears. Presumably not otherwise you would have served s8 as well as s21.

So the lengthy blurb only protects your rent. It doesn't pay for your eviction costs (unless as a result of rent arrears). You will need to apply to the Court for a possession order based on the s21 assuming you are sure it is valid.

https://markprichard.co.uk/documents/s21-validity-checker

Have you been through the above link with a fine toothcomb yet? That is essential.

There is no point pursuing the S21 process unless you are 100% sure the S21 is valid and there are 88 reasons it may not be. Do NOT just trust the agent to have got it right.

A S8 ground 10 (small rent rent arrears) is discretionary and unlikely to result in eviction.
A S8 ground 8 (arrears over 2 months rent) is mandatory but does not apply here.

A property lawyer will cost you, and the costs will not be reclaimable via Small Claims track.

You'd have been wise to have joined a Landlords Association, but that's advice for others reading this.

Check the S21 validity and then either re-issue it (if necessary) or apply to court based on it.

missprice

Sunita007 wrote: »

Unfortunately the property in question is our home and only property.,it was meant to be a short let for a year. We are in rented accommodation about 10 miles away and our tenancy is coming to an end by the end of the month. I might have to request the landlord to extend our tenancy by two months. I dread to think that it can be longer than that.

But your landlord cannot just throw you out.
Have you done any reading of the stickies?

Sunita007

Yes I very much doubt if our landlord will
throw us out, but we can’t afford to pay both rent and mortgage for more than 3 months, it will finish us.,,the tenants have a joint tenancy under 3 names.

anselld

Sunita007 wrote: »

Unfortunately the property in question is our home and only property.,it was meant to be a short let for a year. We are in rented accommodation about 10 miles away and our tenancy is coming to an end by the end of the month. I might have to request the landlord to extend our tenancy by two months. I dread to think that it can be longer than that.

Have you been served notice?

As you are finding out, tenancy doesn't just "come to an end", even if you have been served. If you haven't been served then you are two months ahead of your own Landlord in the process!

Unless of course you have given your notice. You haven't, have you??