When to proceed to court to obtain eviction

lookstraightahead

Is having a 'legal' gun in rental any different from people with a mortgage? 

macman

Fresen said:

Sorry, I am trying to use my mobile to work the forum, sorry if my reply is weirdly formatted. Yes, correct, fixed term ends in November. Yes everything else has been done correctly, I think the estate agent are not very clear, so I asked them to send evidence the tenant had been provided with all the needful upon starting tenancy, and I am fairly assured that has been done correctly. I just felt they were wrong on the notice.

So from what you know, would we/they need to resend the section 22 with a correct notice period to reflect the end of the fixed term? Thank you.

Not really. The S21 is invalid, because you can't obtain possession during the remaining fixed term unless the tenant voluntarily agrees to surrender early-which they clearly won't do unless their palm is crossed with substantial amounts of silver.  If your EA served the S21 within the fixed term then they are utterly incompetent and should be replaced.
At the time of service, the notice period was 4 months, as you state. From 1/8/21 it will reduce to 2 months, so the earliest time to start possession order proceedings (assuming service in mid-November) will be mid-January. It will then take perhaps 8 months or more to gain a possession order, due to the current court backlog. So the earliest you would gain actual possession would be at the end of 2022.
So, basically 3 options:
1) buy the tenant out.
2) sell the property as a BTL with the tenancy continuing.
3) wait until near end 2022 to gain possession.

user1977

Jack_bauer24 said:

Fresen said:

The issue with the tenant leaving is that she had a dog, a parrot, and a gun, which my partner agreed to. I think she will struggle to find another tenancy at all. I suppose he could try to sell with the tenant in situ, but he thinks it would be much easier with vacant possession. 

God, what is she doing with a gun? I doubt she will be accepted for another property, I doubt landlords will accept a gun. 

The only place I've ever rented had a gun cabinet in it (left behind by the landlord rather than for my use - I didn't have a key for it, or a gun...).

ilikewatch2

lookstraightahead said:

Is having a 'legal' gun in rental any different from people with a mortgage? 

The only difference I can see is that a minimum level of security will be required in order to be allowed to store a gun on the premises - in a rental property the tenant may not be able to make any changes required to bring the security up to standard.
Other than that I can't see that it's any of the landlords business if the tenant chooses to keep licensed, legally held guns in the property. 

davilown

martindow said:

God knows why she has a gun, but prospective LLs are not likely to specifically ask about armaments so she does not need to volunteer this information. They almost certainly will ask about pets.  Mind you, with the gun this potential problem could be easily solved ...

It’s quite likely she shoots either professionally, or as a hobby (clay pigeon) etc. All quite normal

Skiddaw1

True, but in all honesty it would give me the willies a bit.

Fresen

@macman thank you this is helpful and in line with what I thought. For clarity, can the section 21 be served again, with the correct notice period, i.e asking her to leave with 2 months notice, I.e on 15th September ask her to vacate on 15th November, day after her fixed term ends. Waiting is not a problem, he is in no rush, I just want things to be done correctly. I agree estate agent needs binned.

GDB2222

Fresen said:

@macman thank you this is helpful and in line with what I thought. For clarity, can the section 21 be served again, with the correct notice period, i.e asking her to leave with 2 months notice, I.e on 15th September ask her to vacate on 15th November, day after her fixed term ends. Waiting is not a problem, he is in no rush, I just want things to be done correctly. I agree estate agent needs binned.

It's quite unusual to have a two year tenancy without a break clause. I don't know the details, of course.  It's possible that the agent is useless, and it's also possible hat we don't have all the required info.

Fresen

There was a break clause  one year into the tenancy. This was prior to my partner wanting to sell so there was no need to want her to leave. Is there any other information I have left out? Can tell you anything you would need to know. Thank you.

davilown

Fresen said:

There was a break clause  one year into the tenancy. This was prior to my partner wanting to sell so there was no need to want her to leave. Is there any other information I have left out? Can tell you anything you would need to know. Thank you.

I think, in reality, an eviction can be applied for after the expiry of the section 21 (i.e. November).  However you may be looking at 12 months before a case is heard, and then even longer post court date for the bailiffs to attend to evict.
You won't be able to market it until this point as you won't be able to show vacant possession - have you thought about offering the tenant £3-5k to get them to move out?