Advice on how to make eviction as smooth as possible for 'good' tenants

Slithery

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home?

I'd do it for £5k.

london21

MaryNB said:

london21 said:

Just read your tenancy agreement to see what the requirements are.

You might need to give them 6 months’ notice.

Eviction can be stressful and long but isn’t always the case.

Start the process and go from there.

S21 notice periods are standard and not subject to tenancy agreement clauses. The S21 notice period was 2 months before covid, 6 months for a while during the pandemic, later reduced to 4 months, and reverts to the standard 2 months from today. 

True but depends if the tenancy agreement is directly with the council or with the tenant directly.

If Witt the council directly their agreement usually has a 6 months notice period. 

canaldumidi

london21 said:

MaryNB said:

london21 said:

Just read your tenancy agreement to see what the requirements are.

You might need to give them 6 months’ notice.

Eviction can be stressful and long but isn’t always the case.

Start the process and go from there.

S21 notice periods are standard and not subject to tenancy agreement clauses. The S21 notice period was 2 months before covid, 6 months for a while during the pandemic, later reduced to 4 months, and reverts to the standard 2 months from today. 

True but depends if the tenancy agreement is directly with the council or with the tenant directly.

If Witt the council directly their agreement usually has a 6 months notice period. 

In which case a S21 is irrelevant. The 'occupant' is the council's tenant, so only the council can evict. The property owner has a commercial contract with the council which is not subject to the Housing Act and is therefore dependant on contract law.

Indigo_and_Violet

Do you know what rent the tenants pay? If they pay market rent (even if it's via housing benefit or similar) then they're more likely to be tempted by you offering them a financial incentive to move. If they pay below market rent (i.e. you've done a deal with the council of long-term tenant for discounted rent or the council top-up their rent) then your short-term inducement might be less tempting because they would lose the on-going discount they get by being in a 'council managed' property. 

michael1234

Gavin83 said:

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home? 

The op knows there's a process. The op knows it will take time.

Where do you expect the tenants to go with a bit of cash in their pockets? 

Op, whilst you don't want to get overly involved in their situation, hopefully they have the same morals as you and you can work together.

I don’t know why you keep raising this point, ultimately everyone has a price. For the landlord it’s really a case of finding out what this price is and whether it’s worth paying this or just going through the eviction process.

I expect for most tenants if they’re offered enough to pay a new deposit, pay for removals plus a few months rent they’d certainly consider it. In the long run it would certainly save you money.

There are of course circumstances where they’ve no choice regardless of the sum but this is the exception rather than the norm. If they can afford a private rental now it’s generally reasonable to assume they can afford another.

But when do you pay it? When they've physically moved out? Why are they going to trust you that you'll pay it?

Slithery

michael1234 said:

Gavin83 said:

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home? 

The op knows there's a process. The op knows it will take time.

Where do you expect the tenants to go with a bit of cash in their pockets? 

Op, whilst you don't want to get overly involved in their situation, hopefully they have the same morals as you and you can work together.

I don’t know why you keep raising this point, ultimately everyone has a price. For the landlord it’s really a case of finding out what this price is and whether it’s worth paying this or just going through the eviction process.

I expect for most tenants if they’re offered enough to pay a new deposit, pay for removals plus a few months rent they’d certainly consider it. In the long run it would certainly save you money.

There are of course circumstances where they’ve no choice regardless of the sum but this is the exception rather than the norm. If they can afford a private rental now it’s generally reasonable to assume they can afford another.

But when do you pay it? When they've physically moved out? Why are they going to trust you that you'll pay it?

Simple. You just turn up on the agreed moving out day with the early surrender paperwork, then when the property is empty you give them the paperwork to sign and then swap it with them for a wodge of cash.

deannagone

So many people going on about paying the tenants to move.  But how useful is this going to be in reality to the tenants?  If they are so short they are waiting for a council place, how the heck do you think they can afford to move in the hope that they wlll get a 'big' wad of cash after moving out.  They don't have the big wad of cash that moving to a new rental requires, that's why they are assisted by the council.  The promise of this money will change nothing. They can't afford to move. In this particular situation its not worth suggesting. 

The OP's rent is paid, he's willing to wait.  There's just no need for suggestions like this in this situation.

lookstraightahead

Slithery said:

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home?

I'd do it for £5k.

And then where would you live?

just wondering how far £5k works stretch if you don't meet the criteria for a normal private rental, which seems to be the case here.

lookstraightahead

Gavin83 said:

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home? 

The op knows there's a process. The op knows it will take time.

Where do you expect the tenants to go with a bit of cash in their pockets? 

Op, whilst you don't want to get overly involved in their situation, hopefully they have the same morals as you and you can work together.

I don’t know why you keep raising this point, ultimately everyone has a price. For the landlord it’s really a case of finding out what this price is and whether it’s worth paying this or just going through the eviction process.

I expect for most tenants if they’re offered enough to pay a new deposit, pay for removals plus a few months rent they’d certainly consider it. In the long run it would certainly save you money.

There are of course circumstances where they’ve no choice regardless of the sum but this is the exception rather than the norm. If they can afford a private rental now it’s generally reasonable to assume they can afford another.

It's about meeting affordability criteria, not just whether they can afford it.

No different from buying, you can have £100k deposit and want a £200k property but unless you meet the lenders criteria you're not going to get a loan.

it seems in this case the tenants are struggling with private rentals, so they could have money but no home. 

lookstraightahead

Slithery said:

michael1234 said:

Gavin83 said:

lookstraightahead said:

Slithery said:

Offer them a cash incentive to leave early, if they make things difficult it could take you years to evict them.

I don't understand this. How much cash would you ask for to move out of your home? 

The op knows there's a process. The op knows it will take time.

Where do you expect the tenants to go with a bit of cash in their pockets? 

Op, whilst you don't want to get overly involved in their situation, hopefully they have the same morals as you and you can work together.

I don’t know why you keep raising this point, ultimately everyone has a price. For the landlord it’s really a case of finding out what this price is and whether it’s worth paying this or just going through the eviction process.

I expect for most tenants if they’re offered enough to pay a new deposit, pay for removals plus a few months rent they’d certainly consider it. In the long run it would certainly save you money.

There are of course circumstances where they’ve no choice regardless of the sum but this is the exception rather than the norm. If they can afford a private rental now it’s generally reasonable to assume they can afford another.

But when do you pay it? When they've physically moved out? Why are they going to trust you that you'll pay it?

Simple. You just turn up on the agreed moving out day with the early surrender paperwork, then when the property is empty you give them the paperwork to sign and then swap it with them for a wodge of cash.

And then where do they go?