Evicting tennants with section 21 notice

theartfullodger

Jasonf900 wrote: »

Hi all,

I have recently inhertied a house which I want to move into, howere there are 2 tennents living in the property.

They started out as lodges living with my dad but he got sick and he moved out a coupe of years ago leaving them both there alone..................

&

Evicting tennants with section 21 notice

Serious point: Paperwork matters with eviction & courts and if you can't spell e.g. even just tenant or lodgers correctly might find your paperwork might get chucked out..

So you've inherited? Probate granted and land registry deeds updated to show you as owner?

Have your served notice(s) compliant with s48 & s3?? If not no rent due (s48) and possible criminal offence & fines (s3). Have you served such valid notice(s) please? Suspect of not and a tenant realises, your case may be chucked out as you would not be fully the landlord. NB Tenants may well be viewing this thread.

re.

They are currently paying rent however it is only 500 pounds which does not cover the rent of my small flat so i am not ganing anything...

sorry but irrelevant: Doesn't matter if they are living there for free. Not a valid ground for eviction.

G_M

theartfullodger wrote: »

& Serious point:

Have your served notice(s) compliant with s48 & s3?? If not no rent due (s48) and possible criminal offence & fines (s3). Have you served such valid notice(s) please? .....

Landlord & Tenant Act 1985 S3


Landlord and Tenant Act 1987 S48

diggingdude

You should pay them a big bribe to move quietly as sounds like this has been a mess up for quite some time and if they have their heads screwed on they could stretch this off for a long time. It isn't their fault landlords don't need to be professionals

cloo

Yeah, I gotta say, paying them to leave sounds like your best bet. It will be hard to regularise the tenancy as you can't do things in retrospect, but as bit of financial motivation might make it work, as it will 'ease the pain' of moving, which is always harder than one thinks from a distance! Sorry you've been left with such a headache

BombayBadBoy

No gas safety cert, £30,000 fine, so stop telling people you haven’t got one, get a gas man out asap to do a gas safety inspection and issue you with a gas safety certificate at once, cost under £100.

BombayBadBoy

If your quick you could get a gas man out tomorrow to do a gas safety certificate on his way home from work, just give the address of the property, and ask him to post the certificate to you, pay by card on the phone.


.gassaferegister.co.uk

GDB2222

When dad moved out, what happened about his bedroom? Did he keep that room for himself, perhaps leaving some of his stuff in there? If so, I wonder whether the tenants in fact remained as lodgers?

franklee

GDB2222 wrote: »

When dad moved out, what happened about his bedroom? Did he keep that room for himself, perhaps leaving some of his stuff in there? If so, I wonder whether the tenants in fact remained as lodgers?

I was wondering that. It seems to come down to if the landlord had an intention to return - which sounds unlikely in the OP's case.

The following aren't the same but at least mention the issues to consider but, both solicitors, they seem to differ. May as well post the links anyway:

https://www.propertytribes.com/lodgers-agreement-after-landlord-moves-out-t-127639495.html

See comment from David Smith:

"The lodger agreement will not automatically convert to a tenancy. It depends on whether the landlord intended to return among other things. In principle he or she can at any time.

Generally the nature of an occupancy agreement becomes fixed based on events at its outset and doesn’t change because the circumstances alter."

https://www.lodgerlandlord.co.uk/2010/03/09/the-five-main-differences-between-a-lodger-and-a-tenant/comment-page-1/

"Likewise, if you move out while the lodger is still there, then the lodger will become a tenant. Although only if you move out permanently, its all right to go on holiday for a few weeks."

Newish

Its curious, throughout all the debate the O/P has remained silent... Hummmmm.....

coachman12

Why is it " curious" that the O/P has remained silent ? The O/P has a right to join in again or not; and they might just be waiting to hear ALL contributions before deciding what to do. Perhaps it is the members who are "curious" that are the most curious , especially as they come up with no bright ideas at all.
BTW, I agree with the posters who suggest offering financial incentives to the sitting tenants and see whether it works. If it doesn't, then the good old-fashioned "solicitor's letter" is always good as a scare tactic

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and the threat of court action in the letter could be a clincher, and the solicitor's letter would cost far less than the "bribing" option. Good luck to O/P.