Eviction after section 21

nrsql

The tenants have a periodic tenancy. I (my agents) have served a section 21 which expires 5 April 2026

I am selling the property and have a buyer - he says he is happy to wait at the moment.

The tenants have said that, as things stand, they can’t find anywhere else so won’t be leaving.

They aren’t being obstructive just that their situation has changed since they moved in and struggle with affordability checks now and I guess need to wait for eviction. They are up to date with the rent currently.

They have contacted the council but I guess they won’t help much until eviction notice is served or it gets to bailiffs?

Hopefully everything is in place ok for this and I am about to contact solicitors (and check what the landlords insurance covers).

I understand we can submit the eviction request to the court (apply for possession?) on the day after the section 21 expires so April 6th. This is Woking, Surrey.

I don’t think the tenants will contest it but you never know. They are also friends with the buyer - I don’t know if that’s a good thing.

Is there anything else I need to consider and what sort of optimistic/pessimistic timescales/costs should I expect. Do I contact a solicitor now so that they can submit the possession order. It looks like I can use the accelerated possession procedure, how long should it take the solicitor to prepare this? Then I wait 14 days then apply for possession?

Also what help does the council give? There is a young child involved and a dog. Will they wait until the bailiffs do their thing and then have to find them a home or will they offer help before then.

I’ve been renting out properties for a long time and this is the first time this has happened. Only had one tenant that stopped paying rent but he moved out when the tenancy ended so I only lost a month or two rent and he left the property in good condition - I consider myself lucky as I was trusting him when he kept saying he would catch up.

thanks for any help with this.

Brie

Are you 200% sure that you(or your agents) have done every single blooming thing that is required with the rental? All the gas certs, rent deposit scheme, etc etc etc. If not the tenants can remind you of any one thing on the last day and you're back to scratch. And then do the same again with a different item to drag things out. Mostly it's not malicious but just that they need more time.

What can you do to help? Write a recommendation on their behalf? Whatever. Some people will go as far as paying their next deposit, moving fees or similar.

The council (at least ours, not Woking) will give no actual help until the bailiff is assigned to boot them out. It may not matter that they have a child, it likely will not help that they have a dog.

Would your buyer be willing to take them on as tenants? That would certainly make things easier for you!!

Herzlos

The council won't help them with accomodation until the bailiffs remove them. If they leave before that the council regards it as voluntary and leaves them 20 years down the queue.

Your best bet is trying to help them into another property; do you have another one coming up or know someone who does? Do they just need a bit of help towards a deposit and a reference?

theartfullodger

You are entitled to serve s21` (Many MANY are invalid).

Tenants are entitled, from the same Act (Thatcher's 1988 Housing Act ) to stay until court serves eviction notice, it expires, bailiffs arrive, they are evicted (or not). (I have experience of court challenge going through whilst bailiffs were "negotiating" with tenants through front door.).

Don;t make any firm plans.

Why not selling with tenants in residence? I bought such a property, I'm still renting it out….

PostHoc25

Don't know if this will help, but as someone on the other side, my landlord wanted to do major renovations to the HMO I was in for 5 years (i.e. box rooms!) and had to issue a section 21 as I was reliant on housing benefit. This was about 8 years ago.

He was fairly patient as it really did come down to finding me a new place that would take housing benefit. It took me nine months of phone calls. I was living in West London at the time and could not face another 10 years in box rooms so sadly was forced to look outside the big smoke to have any chance of finding an affordable one bed.

I looked at properties as far north as Peterborough and as far south as Exeter. Nine months and I couldn't even get the opportunity to speak with a landlord because the agents just issue a blanket no to HB applicants on their behalf. I only got this place because the landlord also worked at the letting agent so I was able to get on the phone with them. I got on well with her by chance so she said she would consider it.

She wanted to meet me, asked for bank statements and a reference from current landlord, all prior to actually allowing me to apply fully and go through the Vouch reference checking process. The council were zero help looking for suitable properties for me but when I finally got the go ahead here, my London council paid £3K to the letting agent as a sweetner, in lieu of a deposit, as they often do to get HB tenants out of their area. Unexpectedly, my old landlord also drove me the 60+ to help me move into my new place, I bunged him £15 as a thank you. It all helped.

So, if you want them out asap, I would say print off proof of their rent payments always being on time, write a sparkling reference and start reaching out to other landlords on their behalf. They simply won't have motivation or the ability to go, if they have no alternative home to move into. Sad but true. And yes, 9 months of getting nowhere when flat hunting was truly soul destroying at times, so they will have energy dips with regard to how much effort they consistently put into finding a new place when housing everywhere is competitive.

elsien

Council are not going to be taking any responsibility for finding a place suitable for a dog. If someone is in emergency housing, they basically have to take what’s offered. Maybe they need to factor that into their options as well..

nrsql

Thanks for all the comments.

I've talked to a solicitor now and he says that the bailiffs shouldn't be needed and the council will help before that - I very much doubt that as why would they, it costs the council less if they stay in my house. I'm just hoping they don't decide to stop paying rent.

No matter what I guess the council will force the tenants to contest the process if they can.

Don't think selling with tenants in place would be an option as they wouldn't pass the affordability checks.

Hopefully all the documents are in place as I've been paying for them. I hope the agents have passed them on to the tenants. Pretty confident the deposit is ok but you never know. Hope the how to rent booklet was given to them. I'll ask the agent tomorrow and how much the deposit was.

I'd be prepared to help them with a deposit or initial rent if that would help but I doubt if it would. Maybe talk to my buyer as he's in the area (I'm not) and see what he says.

The estate agents that manage the property ae the same ones that I'm selling through. They are trying to find the tenants another property. But estate agents selling and renting arms seem to be in direct competition with each other so I don't know if that helps.

saajan_12

@nrsql

The tenants have a periodic tenancy. I (my agents) have served a section 21 which expires 5 April 2026

I am selling the property and have a buyer - he says he is happy to wait at the moment.

Where are you in the selling / conveyancing process - if the buyers are already waiting, then presumably quite far along. Why would you look for a buyer wanting to live there when you still had a potentially long process to evict tenants? This is likely to just annoy the buyer who may eventually give up if it takes 6+ months (very possible).

They have contacted the council but I guess they won’t help much until eviction notice is served or it gets to bailiffs?

..

Also what help does the council give? There is a young child involved and a dog. Will they wait until the bailiffs do their thing and then have to find them a home or will they offer help before then.

Are they solely relying on council provided accommodation or also looking for private rentals? As the council will likely drag it out as long as possible, demanding the tenant raise every minor paperwork issue with your S21 and then may only provide undersirable or temporary accommodation for a while.

There may be something the tenants can do on the private rental front as well eg look for a guarantor, save up a few months rent upfront and offer that (though the new LL won't be able to demand after 1 May). Look further afield? etc etc.

I understand we can submit the eviction request to the court (apply for possession?) on the day after the section 21 expires so April 6th. This is Woking, Surrey.

..

Is there anything else I need to consider and what sort of optimistic/pessimistic timescales/costs should I expect. Do I contact a solicitor now so that they can submit the possession order. It looks like I can use the accelerated possession procedure, how long should it take the solicitor to prepare this? Then I wait 14 days then apply for possession?

However long the solicitor takes to draft and submit to the court, then however long the court takes to process the application (month or two?) then the wait for a hearing if required (month?) then however long the court allows ahead of possession (1.5 months?) then transferring up to high court, then waiting for high court bailiffs.. All in we're talking months not weeks.

nrsql

Thanks for the response

» Where are you in the selling / conveyancing process

Just agreed a price. Nothing else has happened but the buyer is friends with the tenant so probably knows more about what's happening than I do.

» Are they solely relying on council provided accommodation or also looking for private rentals

Looking at private rentals too.

» There may be something the tenants can do on the private rental front as well eg look for a guarantor

Yes, I would be prepared to guarantee rent for a period, pay deposit - not be a guarantor as that's open ended.

» However long the solicitor takes…

Solicitor said 72 hours to prepare and submit. Also says up to 8 weeks for order to be granted but usually sooner. Easy for him to say that but bet he wouldn't put it in writing. Could take many months but lets be optimistic.

I looked at properties in the area but seems that the rent I was charging is a bit low. They can probably take something a bit smaller but there are very few properties available.

Guess I'm hoping the accelerated process goes through in which case probably a few months, if not I guess a year or more.

Murphybear

https://forums.moneysavingexpert.com/discussion/comment/81919109#Comment_81919109

I’m sorry to hear of your problems.

When the letting agents say “no” to things such as not taking HB then this is usually because the landlords have told them this. They are agents so have to do everything the landlords request.

I was a letting agent for a number of years and most of our LLs were happy to take HB tenants because I explained that we would get the rent paid directly to us and it was unusual for HB tenants to misbehave as they knew if they were evicted their chances of getting another property were slim. HB tenants were some of our best 😺

We worked mainly in Exeter - lovely place

monkey-fingers

https://forums.moneysavingexpert.com/discussion/comment/81919165#Comment_81919165

As an aside, they'll not stop paying rent.
If they do, the council won't rehome them.

https://forums.moneysavingexpert.com/discussion/comment/81919149#Comment_81919149

Whilst I'd normally agree, with a child, they'll likely be given a flat straight away rather than emergency accommodation. Not definite, but likely.