Tenant gave notice, but won't leave. Also in rent arrears.

housebuyer143

Countist said:

Housebuyer thanks.

You say it's not likely she'll get her money back, but given he's buying a house it's clear he has the money to pay it back, but you think court action to get it back would still fail?

I don't think it will fail, but if you can't locate him once he moves on, it's going to be hard to get anything out of him. I don't think he's going to be rushing to give a forwarding address. I'm certain it can be done though. 

I would just weigh up the costs of court action, additional arrears with the likelihood of getting the arrears back and in my mind it would be better to try and get him out first and foremost before spending additional money.

user1977

Although the thought of it might stick in the craw, paying him to get out earlier might be simplest (or even money-saving overall).

theartfullodger

Point tenant at this thread.

MEM62

Countist said:

You say it's not likely she'll get her money back, but given he's buying a house it's clear he has the money to pay it back, but you think court action to get it back would still fail?

Maybe not.  He has just spent it on buying a house.  Regrettably, your friend had been too soft and too naive and her continuing desire not to meet the tenant head on to avoid confrontation is only making her situation worse.  She really needs to get to grip with this.  I would also sack the agent.  Their advice and actions have been worse than useless.           

RHemmings

One thing I'll raise because I'm curious about it. As well as the standard possession order, there is also the possibility of an accelerated possession order. Unfortunately I can't remember which programme, but I watched one on YouTube which followed bailiffs evicting people. In quite a few of the cases, the possession order was an accelerated possession order, and the bailiffs would just turn up and evict people. Tenants would often be shocked and say that they expected it to take longer and for there to be more notice, but the bailiffs would inform them that it was an accelerated possession order. 

I'm not sure about accelerated possession orders at all. They exist, as per: https://www.gov.uk/evicting-tenants/accelerated-possession-orders  

Shelter (England) has more information: https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/possession_process_for_rented_property/section_21_possession_process#landlord-uses-the-accelerated-possession-procedure-  

Note: Emphasis below because the OP's tenant is behind on the rent. 

Landlord uses the accelerated possession procedure

The accelerated possession procedure allows a landlord to get a possession order without a hearing if there is no dispute over the facts of the case.

The claim must be only for possession.[9] The landlord must use the standard possession process if they want to bring a money claim for rent arrears at the same time.

The accelerated procedure cannot be used for a demoted assured shorthold tenancy.[10]

Conditions for using the accelerated possession procedure

The landlord can only use the accelerated procedure if:[11]

the tenancy began on or after 28 February 1997

the tenancy did not immediately follow a fully assured tenancy

there was a written tenancy agreement or the tenancy is statutory periodic following a tenancy that had a written agreement

Claim form and documents

The landlord must complete form N5B.

The form lists the documents that the landlord must attach. This includes a copy of:

the section 21 notice

all written tenancy agreements

the Gas Safety Record (if given)

the Energy Performance Certificate (if given)

the licence for the property (if required)

the tenancy deposit certificate (if one was paid)

the How to Rent guide (if they are a private landlord)

The claim form must be verified by a statement of truth signed by the landlord or their legal representative.

The claim form can be sent to any County Court hearing centre and is issued by that centre. If there is a hearing the proceedings will be transferred to the County Court hearing centre that serves that address of the property.[12]

The court sends the claim form to the tenant by first class post.[13]

Having seen the situation as per the TV programme (I really need to find some examples), I'm wondering why accelerated possession orders aren't mentioned here more often when landlords have problems. Of course, it's possible the situation is not at depicted. Certainly something doesn't match up, as tenants often claimed that they had no notice at all, but up above, in the gov.uk page, the court will contact the tenant and give them 14 days to respond. 

theartfullodger

theartfullodger said:

Get judgement fr arrears against them.

When they've bought their property get a charge against the property for the amount owing.  Eventually you (or your descendants) will get the ££££

What training in being a landlord & landlord/tenant law, please??

re """" I'm looking for advice for my friend who rents a flat of hers out.
  """ As she can't be organised to ask this herself will she actually do anything about it, please??  But, advice for her....  But good for you trying to help.

Get judgement for arrears against them.

When they've bought their property get a charge against the property for the amount owing.  Eventually you (or your descendants) will get the ££££.  When sold the ££ will have to be paid.

What training in being a landlord & landlord/tenant law, please??

Albermarle

 it seems he's in an upstanding job (deputy headteacher) and wouldn't want to end up with some sort of financial black mark so is there anything she could leverage to help?

Normally as a teacher, especially as a senior one, you are vulnerable to any negative publicity. Rumours can spread around a school like wildfire.
I might be tempted to find a way to exploit this, even if it is only some kind of veiled threat, as it might work a lot quicker than any court proceedings.

Countist

Ok she sent this this morning:

"I understand you’ve recently been in touch with AGENT regarding your move-out date and the delays in your property purchase. Having been through a similar situation myself, I genuinely sympathise — I know how unpredictable the process can be.

However, you formally gave written notice confirming that your final day of tenancy would be XXX. While timing issues can arise with purchases, it was ultimately your decision to serve notice before exchange or completion had taken place. Unfortunately, this has now created a difficult situation.

To be clear, a new tenancy agreement has already been signed with incoming tenants based on the move-out date you provided. Your decision not to vacate as agreed puts both myself and them in a very challenging position. AGENT have also advised that without a confirmed end date, they’re unable to re-market the property, risking a potentially extended vacancy period.

I appreciate this is far from ideal, but I had hoped we could find a cooperative way forward that minimises disruption for everyone. If you’re unwilling to engage constructively to agree a revised, mutually acceptable move-out plan, I may have no choice but to initiate formal proceedings under Section 8, Ground 11, and seek a County Court Judgment. Please be aware that this can have serious consequences for your credit rating and future financial arrangements, including mortgage applications.

I also want to flag that communication has been quite poor throughout. I’ve been told by AGENT that they’ve experienced significant delays trying to reach you about rent and viewings. And as you’re likely aware, completion rarely happens within a day of exchange — so it’s surprising that no update was given when it became clear your planned departure date was unrealistic.

I would encourage you to consider short-term accommodation options if your purchase is still pending. This would not only help protect the position of the new tenants but also avoid further escalation on all sides.

Please confirm your position as soon as possible so that we can try to resolve this constructively"

maybe Albermarle's suggestion is a good back-up plan.

ReadySteadyPop

BikingBud said:

Landlording by Chat GPT, there's novel!

Wonder how that stands up in court.

If the advice is correct it would stand up quite well?

ReadySteadyPop

Countist said:

Housebuyer thanks.

You say it's not likely she'll get her money back, but given he's buying a house it's clear he has the money to pay it back, but you think court action to get it back would still fail?

Not really, they have managed to sign up for some mortgage debt on the strength of their salary and credit rating, that doesn`t mean they are flush with cash though, they might have piled all their spare cash into a deposit and are now punishing the landlord for that mistake? However as they should still be getting paid their salary every month I don`t get why they would stop paying rent, there night be more going on here than the landlord knows?