Is this legal?

Owleyes00

Hi, I’ve posted before about my partner and I moving into a property he co owns (currently rented out) and buying out the other owners.

The tenant still has not found anywhere to go despite having months now to find somewhere and there being numerous suitable options (I have been checking Rightmove). I am getting increasingly frustrated and concerned that she won’t leave when the S21 expires.

We were wondering is it legal to offer them money to leave? Or another incentive? We don’t want to do anything illegal but really need her to go!

MaryNB

You can offer them money as an incentive to leave. You could offer to help with the deposit for another place. Just make sure in return she gives written notice to leave on a certain date, not just a vague promise to leave at the end of the s21. Once she gives notice to end the tenancy she cannot stay beyond it or it will be seen as trespassing. 

theartfullodger

S21 does not end tenancy nor compel tenant to leave (Thatcher said so in her 1988 Housing Act)

Legal to offer, fine.  Tenant does not have to accept.  I'd want at least £5k, but I'm a greedy landlord

Hebblethwaite

Just because rental properties are coming up on Rightmove doesn't mean that your tenant can secure one of them. The rental market is almost as crazy as the buying market in many areas. In my area, to be in with any chance you had to be the first person to get a viewing and then show up with a holding deposit that you handed over before even going inside. I'm also hearing of wannabe tenants having to get into bidding wars by offering to pay more rent than the property was advertised at. I tick a lot of desirable tenant boxes and still had to give up on finding a vaguely acceptable private rental last year. I was fortunate in that I had the option of moving into basic accommodation provided at my workplace, but your tenant may not have that option.

Perhaps offering money to leave would allow her to outbid other prospective tenants for a property? If you have the cash to offer, it may make her life easier. 

saajan_12

Owleyes00 said:

Hi, I’ve posted before about my partner and I moving into a property he co owns (currently rented out) and buying out the other owners.

The tenant still has not found anywhere to go despite having months now to find somewhere and there being numerous suitable options (I have been checking Rightmove). I am getting increasingly frustrated and concerned that she won’t leave when the S21 expires. - remember they don't have to.. strictly they can wait until a court order, which will likely take you into 2022 or later, and that's if the S21 was correct first time around. 

We were wondering is it legal to offer them money to leave? Or another incentive? We don’t want to do anything illegal but really need her to go! - you can offer it as an option.. can't pressure / force them into it, but its their choice

I would work out how much its worth to you if they leave early, and then offer upto that. You can sign an agreement with them to early terminate the tenancy. Make sure 
* specifiy what happens to the final rent (pro rata etc?) and deposit
* incentive payment transferred on their leaving date, as they hand over keys (else if they don't leave, you'll still have to evict and then sue for breach of the early termination agreement. 

Owleyes00

Thanks all, I read a lot on here how long it can take now because of the covid backlog. Does anyone have any references saying how long it is taking on average? My bf doesn’t believe me it could take ages and we might need to rent somewhere if they are going to cause us an issue and the eviction process is going to take ages. Thanks