Tenant refusing to move

donovan5

My partner has sold a property and new owners waiting to exchange, but tenant refuses to move, the letting agency are showing him props but every one he says he doesn't like. He was given 2 months notice to move which run out on 23 December.
I have advised she must start the legal process and should have immediately but we are where we are.
Further to this we have asked letting agency if a section 21 has been issued but they have not replied,also the actual tenant was the man's wife who we have since found out moved 6 months ago and the agency did not inform us and insist he is the tenant though there is not a single piece of paperwork in his name.
We have also through the agency offered an incentive if he will leave but the they have barely contacted us over the last two weeks not replying to emails and not answering phone.(We are away atm until Sunday)
In fact today was the first real recent contact when they informed us via email that the fence had blown down in the storm and they will be dealing with it immediately as they consider it an emergency situation
Any advice would be gratefully received

canaldumidi

donovan5 said:

My partner has sold a property No - clearly he has not yet sold

 and new owners waiting to exchange, but tenant refuses to move, What? Move out of his home! Shock!

the letting agency are showing him props but every one he says he doesn't like. Perhaps they are inappropriate/wrong area/who knows?

He was given 2 months notice to move which run out on 23 December.No. He was gven a S21 (I assume) which is NOT notice to move.
I have advised she must start the legal process and should have immediately but we are where we are. Well yes - if she wants to evict she must follow the process!
Further to this we have asked letting agency if a section 21 has been issued  Ah! So what was the 'notice to move' you just mentioned? It has no legal meaning if not a S21.

but they have not replied, So sounds like your partner is employing a carp agency...

also the actual tenant was the man's wife who we have since found out moved 6 months ago and the agency did not inform us and insist he is the tenant though there is not a single piece of paperwork in his name. Sounds like he is a sub-tenant.
We have also through the agency offered an incentive if he will leave but the they have barely contacted us over the last two weeks not replying to emails and not answering phone.(We are away atm until Sunday) So sounds like your partner is employing a carp agency...
In fact today was the first real recent contact when they informed us via email that the fence had blown down in the storm and they will be dealing with it immediately as they consider it an emergency situation Up to your partner to decide if /when to fix the fence. Instruct the agent acordingly.
Any advice would be gratefully received

1) Serve S21.

2) Wait 2 months.

3) Apply to court.

4) Wait 4-6 months.

5) Go to court and hope S21 was valid.

6a) If S21 invalid return to 1) above

6b) if S21 valid get possession order

7) apply for bailiffs

8) wait 1 month

9) evict & obtain vacant possession

Alterntively discuss with tenants (forget agent as they seem useless) and find out how much incentive is needed to move straight to 9) above.

Question- why was sister advertising the property for sale before resolving the tenancy issue?

donovan5

It's my partner not sister. But the tenant was told as soon as the property was put up for sale and said they had no problem moving out as long as they had notice of any viewings
I think we are accepting the buyers will pull out(I would in their position)  and will have to visit letting agents office to find out exactly where we are with sect 21.

donovan5

Meant to say thanks for advice ,pressed post comments before

theartfullodger

Thatcher's 1988 Housing Act grants tenants the right to remain through all the s21 hoops.  You're not suggesting she was wrong are you?

london21

donovan5 said:

My partner has sold a property and new owners waiting to exchange, but tenant refuses to move, the letting agency are showing him props but every one he says he doesn't like. He was given 2 months notice to move which run out on 23 December.
I have advised she must start the legal process and should have immediately but we are where we are.
Further to this we have asked letting agency if a section 21 has been issued but they have not replied,also the actual tenant was the man's wife who we have since found out moved 6 months ago and the agency did not inform us and insist he is the tenant though there is not a single piece of paperwork in his name.
We have also through the agency offered an incentive if he will leave but the they have barely contacted us over the last two weeks not replying to emails and not answering phone.(We are away atm until Sunday)
In fact today was the first real recent contact when they informed us via email that the fence had blown down in the storm and they will be dealing with it immediately as they consider it an emergency situation
Any advice would be gratefully received

The priority should have been getting rid of the tenant before listing for sale.
If your tenant does not leave, back to square one and likely your current buyer might not be able to wait.

You need to sort out who the tenancy is with exactly.
You need to know if there is a valid section 21 or not and, if not, start the process.

Eviction is long and will take months.

Try to negotiate with the occupier if they can leave. It will save you time, money and stress.

theartfullodger

Expect 44ish weeks from service of valid s21 if tenants exercises the rights they have, rights they have as much a right to as you do to serve seq.

nyermen

Unless there is any chance around this point:

"the actual tenant was the man's wife who we have since found out moved 6 months ago and the agency did not inform us and insist he is the tenant though there is not a single piece of paperwork in his name."  (Sounds like he is a sub-tenant)

Then as noted its a no-fault eviction, so not a priority.  As above, 44 weeks seems to be the best guess for eviction.

pinkshoes

I suggest you invite the tenant for tea and cake, and offer to pay all their moving costs as well as a lump sum but ONLY if they move out by <date in 2 weeks>.

After that date you withdraw the offer. 

Is the person even named on the tenancy?

donovan5

pinkshoes said:

I suggest you invite the tenant for tea and cake, and offer to pay all their moving costs as well as a lump sum but ONLY if they move out by <date in 2 weeks>.

After that date you withdraw the offer. 

Is the person even named on the tenancy?

No he is not named at all. 
I have suggested writing him a letter with such an offer(she doesn't really want to speak face to face),
As of today the letting agents have informed us they did issue section 21 which has now ran out and a section 6a needs to be issued(which I believe is just the same thing)
They also told us he now has to move by March the 1st which I don't believe is true
A big problem I believe is it is a 4 bedroom house and he is being shown 2 bed houses for roughly the same rent so obviously doesn't want to go
Thank you to everyone that has replied I think our plan of action when we get back is
If possible get in touch with the named tenant and politely advise her we are taking the legal route in the hopes she may have some influence.
Make him an offer to leave
Start legal proceedings applying for a possession order
Once what thanks for all replies

Slithery

donovan5 said:

As of today the letting agents have informed us they did issue section 21 which has now ran out and a section 6a needs to be issued(which I believe is just the same thing)

You are correct and the agent is talking nonsense. You use form 6a to issue a S21.

Either they already issued a S21 using form 6a, or they haven't yet issued a S21.

Even if it has been issued it could still take up to a year for the tenant to be legally evicted.

Why was the property put on the market when there was a tenant still in residence?