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Evicting tenant after 7 years

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  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Ask the tenant. They may need an eviction notice if they want the council to house them.
  • theartfullodger
    theartfullodger Posts: 14,601 Forumite
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    AnotherJoe wrote: »
    Ask the tenant. They may need an eviction notice if they want the council to house them.

    Asking for s21 would be "intentionally homeless"
  • Bimbly
    Bimbly Posts: 483 Forumite
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    When I needed my house back, the in situ tenants had been there for five years.

    The letting agent suggested giving them five months notice. A section 21 order was served to that effect. All went smoothly.

    This was over Christmas. Notice given in November, they left in February. They actually found a place quite quickly but there was a delay while the lamdlord of the other property decorated etc after previous tenant had left.
  • the_dooce
    the_dooce Posts: 8 Forumite
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    Thank you. My parents have complied will all regulations re gas / deposit etc. I'm thinking even though the relationship is ok at the present if she finds it difficult to move and get another rental (she has had a ccj and other difficulties over the years) she may have no choice but to stay and force my parents to go down the eviction route to secure help from the LA.
    Keeping her there isn't an option my parents are selling it to a family member moving back to the area who wants to live in it. So not hugely time sensitive but they need to leave. I think suggesting over the statutory 2 months might be a nice gesture.
  • molerat
    molerat Posts: 31,864 Forumite
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    If it come to eviction you may be looking at 6 months from issuing S21 so avoiding doing it is just pushing that date further away.
  • lookstraightahead
    lookstraightahead Posts: 5,540 Forumite
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    the_dooce wrote: »
    Thank you. My parents have complied will all regulations re gas / deposit etc. I'm thinking even though the relationship is ok at the present if she finds it difficult to move and get another rental (she has had a ccj and other difficulties over the years) she may have no choice but to stay and force my parents to go down the eviction route to secure help from the LA.
    Keeping her there isn't an option my parents are selling it to a family member moving back to the area who wants to live in it. So not hugely time sensitive but they need to leave. I think suggesting over the statutory 2 months might be a nice gesture.

    Sounds to me like she has little choice - she probably won't get a private rental due to her circumstances. A gesture probably won't help therefore. I think it is going to be a long time. I absolutely understand why your parents need to do thus but also it's putting her in a very vulnerable situation homewise. Can't the family member buy elsewhere and are they paying market value (just thinking about deprivation of assets).
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 6 August 2018 at 4:47AM
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    By all means speak informally and negotiate with the tenant. But in parallel, each party should act formally.

    1) tenant
    If the T finds somewhere and wishes to move they should either
    a) serve formal notice on the LL, or
    b) offer an 'Early Surrender' to the LL (who can accept or reject)

    In either case it should be done in writing

    2) landlord
    (assuming this is England, and an AST)
    * The LL should serve a S21. Writing at the same time to say it may not be enforced might invalidate it - so do not do this!
    * But by all means poignt out to the T that a S21 is NOT a notice to quit, and the T does NOT have to leave unless/until the LL goes to court
    * before serving the S21, make sure it will be valid. Use the checklist:

    S21 checklist (Is a S21 valid?)

    If there is something invalidating the S21, correct it before serving.


    See also:
    *Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    theartfullodger wrote: »
    Asking for s21 would be "intentionally homeless"

    Only if the council was aware of that. And they don't have to "ask" as such, they could point out that they would be in a better position if the LL issued an S21 and because of that they won't be moving out until forced by the proper process which means the LL will have to issue one..
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    molerat wrote: »
    If it come to eviction you may be looking at 6 months from issuing S21 so avoiding doing it is just pushing that date further away.

    Or nearer 18 months with no end in sight if she turns out to be as uncooperative as the Chav From Hell next door to us... But no-one can possibly be as useless as her LL nor subjected to such a d1qless judge as the ones around here.
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