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  • FIRST POST
    • the dooce
    • By the dooce 5th Aug 18, 11:18 AM
    • 8Posts
    • 4Thanks
    the dooce
    Evicting tenant after 7 years
    • #1
    • 5th Aug 18, 11:18 AM
    Evicting tenant after 7 years 5th Aug 18 at 11:18 AM
    Hi. Asking to check whst my parents are doing is correct as landlords to prevent this taking longer than needed.
    Parents have rent a house to one person + child for 7 ish years. Reasonable contact/ relationship. Parents are looking to wind down their rentals and sell. They have spoken to the person renting and informally said they'd be selling and out of courtesy are letting her know so she can start looking. This was a few weeks ago.
    Are they right in thinking they need to issue section 21 (even though they don't feel it is needed, they think she'll leave) ? They want to do a covering letter advising they won't hold her to the 2 months if she finds somewhere before then.
    Is a section 21 needed ? Thank you
Page 1
    • knightstyle
    • By knightstyle 5th Aug 18, 11:42 AM
    • 4,782 Posts
    • 1,777 Thanks
    knightstyle
    • #2
    • 5th Aug 18, 11:42 AM
    • #2
    • 5th Aug 18, 11:42 AM
    Look here www.theukrules.co.uk/rules/housing/landlords/evicting-tenants.html
    • ProDave
    • By ProDave 5th Aug 18, 11:50 AM
    • 984 Posts
    • 1,113 Thanks
    ProDave
    • #3
    • 5th Aug 18, 11:50 AM
    • #3
    • 5th Aug 18, 11:50 AM
    When we sold a previous rental, let to the same tenant for a similar length of time, we told the tenant our intention to sell, largely because we heard a rumour from the letting agent they might be interested in buying it.
    Afew weeks later, before we had chance to get the paperwork in order to start the process, the tenant gave notice to quit.
    • sal_III
    • By sal_III 5th Aug 18, 12:27 PM
    • 576 Posts
    • 561 Thanks
    sal_III
    • #4
    • 5th Aug 18, 12:27 PM
    • #4
    • 5th Aug 18, 12:27 PM
    They don't have to send section 21 notice, if they trust the tenant to hold to their word. After 7 years they should have pretty good idea of their character. If the relationship is good serving S21 notice might irritate the tenant, as it might sound like they don't trust their word and who knows what might happen in such case.

    S21 notice is good as "insurance policy" as it can be used in court, should the tenant refuses to leave at the agreed date and a possession order is needed, rather than having to wait for 2 months.
    • HampshireH
    • By HampshireH 5th Aug 18, 12:34 PM
    • 846 Posts
    • 912 Thanks
    HampshireH
    • #5
    • 5th Aug 18, 12:34 PM
    • #5
    • 5th Aug 18, 12:34 PM
    Your parents should do things by the book. They should comply with the tenancy agreement and serve the relevant notice.

    It doesnt matter whether they get on well or the tenant takes offence. Its a formality not a personal attack.
    • lookstraightahead
    • By lookstraightahead 5th Aug 18, 12:34 PM
    • 375 Posts
    • 351 Thanks
    lookstraightahead
    • #6
    • 5th Aug 18, 12:34 PM
    • #6
    • 5th Aug 18, 12:34 PM
    I think it might be quite tough for the tenant to move after so long just matter of factly. The house could be sold with tenant in situ?
    • Red-Squirrel
    • By Red-Squirrel 5th Aug 18, 12:37 PM
    • 3,033 Posts
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    Red-Squirrel
    • #7
    • 5th Aug 18, 12:37 PM
    • #7
    • 5th Aug 18, 12:37 PM
    Have your parents complied with all the requirements to make a section 21 enforceable? Gas safety checks, deposit protected etc?
    • theartfullodger
    • By theartfullodger 5th Aug 18, 12:40 PM
    • 9,662 Posts
    • 12,996 Thanks
    theartfullodger
    • #8
    • 5th Aug 18, 12:40 PM
    • #8
    • 5th Aug 18, 12:40 PM
    No need to evict tenant: Selling a property does not end a tenancy nor require tenant to leave: The new owner simply becomes the new landlord: (Even if outside with huge removals van & screaming hubbie....)
    • sal_III
    • By sal_III 5th Aug 18, 12:46 PM
    • 576 Posts
    • 561 Thanks
    sal_III
    • #9
    • 5th Aug 18, 12:46 PM
    • #9
    • 5th Aug 18, 12:46 PM
    No need to evict tenant: Selling a property does not end a tenancy nor require tenant to leave: The new owner simply becomes the new landlord: (Even if outside with huge removals van & screaming hubbie....)
    Originally posted by theartfullodger
    Yes but that eliminates over 1/2 of the potential buyers, only leaving BTL LLs in the list.

    No sane person will buy a home with tenants in-situ, if they intend to occupy the property themselves.

    On the other hand if the tenant is good, this might be a big selling point for a BTL LL.
    • theartfullodger
    • By theartfullodger 5th Aug 18, 1:13 PM
    • 9,662 Posts
    • 12,996 Thanks
    theartfullodger
    ............
    No sane person will buy a home with tenants in-situ,...............
    Originally posted by sal_III
    Thank you so much for your kind thoughts:. I did....



    - students as tenants....
    Last edited by theartfullodger; 05-08-2018 at 1:15 PM.
    • Red-Squirrel
    • By Red-Squirrel 5th Aug 18, 1:15 PM
    • 3,033 Posts
    • 8,005 Thanks
    Red-Squirrel
    Thank you so much for your kind thoughts:. I did....
    Originally posted by theartfullodger
    The second part of that sentence is important to its overall meaning.
    • AnotherJoe
    • By AnotherJoe 5th Aug 18, 1:34 PM
    • 10,142 Posts
    • 11,407 Thanks
    AnotherJoe
    Ask the tenant. They may need an eviction notice if they want the council to house them.
    • theartfullodger
    • By theartfullodger 5th Aug 18, 1:41 PM
    • 9,662 Posts
    • 12,996 Thanks
    theartfullodger
    Ask the tenant. They may need an eviction notice if they want the council to house them.
    Originally posted by AnotherJoe
    Asking for s21 would be "intentionally homeless"
    • Bimbly
    • By Bimbly 5th Aug 18, 1:48 PM
    • 110 Posts
    • 94 Thanks
    Bimbly
    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
    • By the dooce 5th Aug 18, 2:03 PM
    • 8 Posts
    • 4 Thanks
    the dooce
    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
    • By molerat 5th Aug 18, 2:21 PM
    • 19,097 Posts
    • 13,320 Thanks
    molerat
    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.
    www.helpforheroes.org.uk/donations.html
    • lookstraightahead
    • By lookstraightahead 5th Aug 18, 3:27 PM
    • 375 Posts
    • 351 Thanks
    lookstraightahead
    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.
    Originally posted by the dooce
    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
    • By G_M 5th Aug 18, 4:53 PM
    • 44,963 Posts
    • 53,575 Thanks
    G_M
    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?
    Last edited by G_M; 06-08-2018 at 4:47 AM.
    • AnotherJoe
    • By AnotherJoe 6th Aug 18, 8:52 AM
    • 10,142 Posts
    • 11,407 Thanks
    AnotherJoe
    Asking for s21 would be "intentionally homeless"
    Originally posted by theartfullodger
    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
    • By Smodlet 6th Aug 18, 12:27 PM
    • 3,608 Posts
    • 6,790 Thanks
    Smodlet
    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.
    Originally posted by molerat
    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.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
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