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Need reassurance as to correct procedure to remove tenants

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  • Need reassurance as to correct procedure to remove tenants

    The situation is...
    My sister had to go into care with Dementia and her children rented out her house in an attempt to offset her care cost.
    In July my sister passed away and, as Executor, I have to sort out her estate, including the sale of her house to repay over £36,000 care costs.
    The tenants (two adults no children) have a 12 months assured tenancy agreement expiring in December 17. As friends of my nephew they were aware of the whole situation. The house is now sold subject to them leaving the property in December.
    They have a dog that it was agreed could live in the house and this is issue with them renting another property.
    Rent has, and still is, being paid on time however this is paid in arrears (rather than in advance) and due to the friendship no deposit was paid, not my doing and naive of my nephew to make such an arrangement.
    Anyway, the tenants have been receptive and have promised they will move out by the date on the tenancy agreement but!
    They are now trying to obtain a local authority housing and have been told, by the LA, to stay put until they are evicted-this at the moment is only hearsay.
    They have been sent a section 21 notice, stupidly I posted it, but they confirm receipt.
    I want to be prepared just in case they follow the LA advice and stay put after the date on the S21.
    Do I need to do any thing more before the date such as a section 8?
    Tags: None

  • #2
    Re: Need reassurance as to correct procedure to remove tenants

    tagging [MENTION=15129]Crazy council[/MENTION] for help xx
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    • #3
      Re: Need reassurance as to correct procedure to remove tenants

      You could only serve them with a Section 8 Notice if they are in rent arrears of two months at the time you serve the Notice and also on the date of any subsequent possession Hearing.

      Has there been any damage to the property?

      What was the date the Section 21 Notice was served? It has to be on or before the rent due date and give the Tenants at least two months notice.

      It seems the AST began after 1st October 2015 so this is an explanation of how to successfully gain possession under the new regulations which changed on that date >

      https://nearlylegal.co.uk/2015/09/1-...ection-21-day/

      From what you say the council have advised the tenants that they won't re-house them until possession has been granted by the court and they are forced to move out. This is normal.

      Here's some more information from Shelter's website > https://england.shelter.org.uk/housi...rthold_tenants

      Di
      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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      • #4
        Re: Need reassurance as to correct procedure to remove tenants

        Originally posted by Diana M View Post
        You could only serve them with a Section 8 Notice if they are in rent arrears of two months at the time you serve the Notice and also on the date of any subsequent possession Hearing.

        Has there been any damage to the property?

        What was the date the Section 21 Notice was served? It has to be on or before the rent due date and give the Tenants at least two months notice.

        It seems the AST began after 1st October 2015 so this is an explanation of how to successfully gain possession under the new regulations which changed on that date >

        https://nearlylegal.co.uk/2015/09/1-...ection-21-day/

        From what you say the council have advised the tenants that they won't re-house them until possession has been granted by the court and they are forced to move out. This is normal.

        Here's some more information from Shelter's website > https://england.shelter.org.uk/housi...rthold_tenants

        Di
        Hi
        There has been, to date, no damage to the property, they are a hard working couple in their early 50's and seem very genuine. They just find themselves in the same situation as they were 12 months ago and for almost the same reason (death of a landlord).
        Section 21 was served on the 2nd September. The section 21 form has "form 6A" in the bottom right hand corner.
        The AST is dated to start 17th December 2016
        The AST finishes on the 17th December 2017.
        The AST is for 1 year.

        I like to think I have everything covered, and correctly covered as best I can at this stage. With the £36,000 care cost now attracting interest of 4.5% + BOE base rate (.25%). It is imperative that we are able to sell the house ASAP and with a buyer lined up ready to sign. I would hate to loose the sale just because.

        Thank you for the links, they again seem to confirm that I have done all I can for the moment.
        To be fair to the tenants they have been very good and understanding but, if it goes wrong I want to be prepared.

        Comment


        • #5
          Re: Need reassurance as to correct procedure to remove tenants

          Hi

          would there be a problem in allowing them maybe a few weeks after the eviction to move. The council will probebly re-house them. If they have been good tenants and treat the property decent. Then give them some time to move.

          Would giveng them a date end of Jan-Mid feb be a problem ? ( more easyer for them to move )
          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

          Comment


          • #6
            Re: Need reassurance as to correct procedure to remove tenants

            Originally posted by Crazy council View Post
            Hi

            would there be a problem in allowing them maybe a few weeks after the eviction to move. The council will probebly re-house them. If they have been good tenants and treat the property decent. Then give them some time to move.

            Would giveng them a date end of Jan-Mid feb be a problem ? ( more easyer for them to move )
            There are a couple of problems with giving more time.
            The house is sold STC and I dont want to loose the buyer.
            There are care home costs lodged against the house and they are incurring interest until paid.
            I would also like to "wrap up" my sisters estate sooner rather than later.

            They have said they want to get out ASAP so are settled in a new place before Christmas. I have said there would be no problem from my point of view if they did go early. The LA are telling them to stay put until evicted, has nothing to do with helping the tenant, just puts off the inevitable IMO.

            Comment


            • #7
              Re: Need reassurance as to correct procedure to remove tenants

              Understood,

              Perhaps best bet ( to help them get re-housed ) is go through with the notice and eviction ( can be done fast with a willing tenant ), unless they are able to find another property. Jan-March is usualy the busyest time for moving with the most property available, Nov-December is the slowest )
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Re: Need reassurance as to correct procedure to remove tenants

                Originally posted by Crazy council View Post
                Understood,

                Perhaps best bet ( to help them get re-housed ) is go through with the notice and eviction ( can be done fast with a willing tenant ), unless they are able to find another property. Jan-March is usualy the busyest time for moving with the most property available, Nov-December is the slowest )
                Thanks for your input.
                Section 21 served already (before 2 month deadline).
                My nephew & niece are also searching for houses for them and have found some of interest and passed them on.
                I will get the paperwork ready to submit to the court and hope I dont need it.
                Thanks again

                Comment


                • #9
                  Time taken for Landlord possession claims to order, warrant and repossession have all

                  Originally posted by peter p View Post
                  Thanks for your input.
                  Section 21 served already (before 2 month deadline).
                  My nephew & niece are also searching for houses for them and have found some of interest and passed them on.
                  I will get the paperwork ready to submit to the court and hope I dont need it.
                  Thanks again
                  Increased.

                  Just in case

                  https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636890/mortgage-landlord-possession-statistics-apr-jun-2017.pdf


                  .......

                  Comment


                  • #10
                    Re: Need reassurance as to correct procedure to remove tenants

                    Just one word of warning as I have documented this in my long thread. Removing tenants is not easy especially if they are looking to be re-housed by the council.

                    In my experience the council won't re-house until the bailiff letter has been received and in my case tenant wont leave until bailiff turns up.

                    I have been trying to remove my tenants for months even though they are massively in arrears.

                    Statutory notice to leave , then because of rent arrears another 2 weeks before even applying to court , 4 week wait to get a hearing., 28 days notice to leave by the court then when that date passes I have to apply again to court for bailiffs which can take weeks.

                    If they are willing I'd get them to find a place and help with deposit especially if they are willing to leave, the court process is lengthy and expensive.
                    Even a no fault section 21 serving 2 months they may still not leave and then the court process begins again.

                    My flat is now up for sale and have left it very close to the last possible date for them to leave as it has to be sold with vacant possession.

                    Your problem could arise if they do go the long winded court route then your buyer may not stick around unless contracts have been exchanged.

                    Until you know for definite when the tenants are leaving you wont be able to set a completion date which could be well past Xmas
                    There is no way of removing them if they don't go voluntarily except through the court process which is expensive and takes ages

                    Just be careful you don't end up in hot water with your buyer if you agree on completion and tenant is still in situ, you will be in trouble as the property is sold without vacant possession unless you specified that tenants might still be in there and sell as an investment property , also tenants have a right to stay and make you go through court before they leave

                    Sorry to be all doom and gloom but forewarned is forearmed

                    Comment


                    • #11
                      Re: Need reassurance as to correct procedure to remove tenants

                      Thanks for the input bb41.
                      I am prepared for the worst but hope for the best with these tenants.
                      I hope the friendship between nephew and tenants will sway them as he has told them they are (or could be) wasting his inheritance, what with the care interest charges and the possibility of loosing a buyer as well as costs incurred to remove them. Just hope the "estate" has enough spare to deal with the worst, should it happen.
                      Do I have to give them any time after the AST expires before I start proceedings does anyone know?

                      Comment


                      • #12
                        Re: Need reassurance as to correct procedure to remove tenants

                        If you do a section 21 no fault eviction notice you have to give 2 clear months notice. Crazy Council has excellent Knowledge on this'd I'm sure he will guide you through.
                        I did section 8 as the arrears have been massive. I started in September and probably wont get a bailiff eviction now until after xmas

                        Comment


                        • #13
                          Re: Need reassurance as to correct procedure to remove tenants

                          Originally posted by bb41 View Post
                          If you do a section 21 no fault eviction notice you have to give 2 clear months notice. Crazy Council has excellent Knowledge on this'd I'm sure he will guide you through.
                          I did section 8 as the arrears have been massive. I started in September and probably wont get a bailiff eviction now until after xmas
                          I issued a section 21 at the beginning of September for a leaving date (at the end of the AST) of the 17th December, so well within the 2 month deadline.
                          Just wait and see what happens next in the hope they leave peacefully.

                          Comment


                          • #14
                            Re: Need reassurance as to correct procedure to remove tenants

                            let us know how it goes, the support I've had through all of my troubles has been amazing on here

                            Comment


                            • #15
                              Re: Need reassurance as to correct procedure to remove tenants

                              Originally posted by bb41 View Post
                              let us know how it goes, the support I've had through all of my troubles has been amazing on here
                              I will do, agree with you, the support here is brilliant.

                              Comment

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