Selling my tenanted property with vacant possession

[bb41]

I wonder if someone can help.

I've issued a section 21 to long term tenant as I now wish to sell the property. The tenant has known that this was my intention for some time so not a shock and as there are rent arrears I feel no obligation to them as I have tried to help and they have been given numerous payment plans which have always failed.

I have to do a refit in the bathroom as there was a big leak and is due to start in 2 weeks and then hopefully it can go on the market .

My question is if the tenant signs the vacant possession form that is issued by the estate agent on completion is this legally binding .

I ask because I'm pretty sure they will not leave on the date of the section 21 notice and will go right to the end

[45002]

Re: Selling my tenanted property with vacant possession

I wonder if someone can help.

I've issued a section 21 to long term tenant as I now wish to sell the property. The tenant has known that this was my intention for some time so not a shock and as there are rent arrears I feel no obligation to them as I have tried to help and they have been given numerous payment plans which have always failed.

I have to do a refit in the bathroom as there was a big leak and is due to start in 2 weeks and then hopefully it can go on the market .

My question is if the tenant signs the vacant possession form that is issued by the estate agent on completion is this legally binding .

I ask because I'm pretty sure they will not leave on the date of the section 21 notice and will go right to the end

NO

Wouldn't be worth the paper its printed on !

Your have to go right to the end with a possession order and bailiffs.

Have a read of the below thread and links on how long it can take for a LL to get possession the correct and lawfully way of a property if tenants don't play ball

https://forums.landlordzone.co.uk/fo...ss-statistics=

[bb41]

Re: Selling my tenanted property with vacant possession

Thank you I thought that was the case but was clutching at straws

[45002]

Re: Selling my tenanted property with vacant possession

Thank you I thought that was the case but was clutching at straws

Take it this http://www.legalbeagles.info/forums/showthread.php?99421-please-I-really-need-some-help-rather-quickly-if-I-may&highlight=

http://www.legalbeagles.info/forums/...itu&highlight=

is the same tenant ?

[bb41]

Re: Selling my tenanted property with vacant possession

yes it is, it's been hell on earth. They are making my life a misery as it's not the tenant it seems to be her new partner since it''s all gone pear shaped. They got an environmental officer to check over the property and they notified me that sockets were off the wall , god knows how. They pay no rent but HB covers some of it but I'm losing money like water through a sieve .

I know they wont vacate on the date which is September 10th so I suppose I will have to go to court again , but desperately need to sell but can't until I get possession

[45002]

but desperately need to sell but can't until I get possession

yes it is, it's been hell on earth. They are making my life a misery as it's not the tenant it seems to be her new partner since it''s all gone pear shaped. They got an environmental officer to check over the property and they notified me that sockets were off the wall , god knows how. They pay no rent but HB covers some of it but I'm losing money like water through a sieve .

I know they wont vacate on the date which is September 10th so I suppose I will have to go to court again , but desperately need to sell but can't until I get possession

Unless the tenants leave of there own free will, your have to wait until bailiffs remove them ....

[bb41]

Re: Selling my tenanted property with vacant possession

In my heart of hearts I knew that but thank you anyway

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

In my heart of hearts I knew that but thank you anyway

Given the tenants situation I think you'll have to go to court, it sounds like they don't have the means to get a deposit together and rent a new property. If they leave your property and go to the council at the S21 date they'll be deemed to have made themselves intentionally homeless, thus the council won't help them. So, they'll let you go to court and have to get the bailiffs in to ensure they get the bit of paper that will make the council help them.

I don't envy your position.

[bb41]

Re: Selling my tenanted property with vacant possession

Given the tenants situation I think you'll have to go to court, it sounds like they don't have the means to get a deposit together and rent a new property. If they leave your property and go to the council at the S21 date they'll be deemed to have made themselves intentionally homeless, thus the council won't help them. So, they'll let you go to court and have to get the bailiffs in to ensure they get the bit of paper that will make the council help them.

I don't envy your position.

I'm seriously thinking of offering them to pay for a deposit elsewhere to give them incentive or is the not the right thing to do ?
I really need to sell the property and time isn't really an option

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

I'm seriously thinking of offering them to pay for a deposit elsewhere to give them incentive or is the not the right thing to do ?
I really need to sell the property and time isn't really an option

I can't advise you this is right or wrong as only you can decide that, but it is an option that I typed in my response above and then deleted before posting as I didn't want to guide you in any way.

What you have to weigh up is the cost of court and all of that other stuff against what this option would cost you. Also, you can't hand anything over until they are out of your property otherwise they can just claim it's a gift.

If you go down this road you need to involve someone to act on your behalf to gain agreement, obtain possession of the property and then make payment to your tenant.

If you have the tenants number initially I'd say ring them, tell them that you are concerned they might not be able to leave on the date you have sent them and explain that you want them to be honest because you can't help them overcome their challenges if you don't know what they are. Essentially this is just a fact finding mission, they might tell you or they might tell you nothing.

Once you know its that they can't afford a deposit, then you can consider this option or you might find that it's something else that costs you nothing to sort out for them.

[bb41]

Re: Selling my tenanted property with vacant possession

Thank you so much.. I'm in a terrible state over it all, with health issues I just need to get this problem out of my hair as the stress is massive. I keep getting txts to say something else has gone wrong in the house when I know it's been done by the tenants partner.
I will never rent again to a HB tenant as I have never had a problem ever until now

The thought of going through courts and apart from the money it's just the time it takes.

I have always been fair even when in the past rent hasn't always been paid up to date but on the whole she wasn't too bad and kept the place reasonable

It was her housing officer who told me to issue section 21 as we have tried everything to help her .

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

Thank you so much.. I'm in a terrible state over it all, with health issues I just need to get this problem out of my hair as the stress is massive. I keep getting txts to say something else has gone wrong in the house when I know it's been done by the tenants partner.
I will never rent again to a HB tenant as I have never had a problem ever until now

The thought of going through courts and apart from the money it's just the time it takes.

I have always been fair even when in the past rent hasn't always been paid up to date but on the whole she wasn't too bad and kept the place reasonable

It was her housing officer who told me to issue section 21 as we have tried everything to help her .

It sounds awful and it's unfortunately people like this who tar the rest with a brush and mean HB claimants struggle for accommodation. As I have said on another thread, I hate Letting Agents because of the way they behave towards tenants, but when you have this level of stress I understand why Landlords choose to use them.

From what you have said in the other thread and here, it seems your tenants new partner is clouding her judgement. "Love is blind" they say.

I think if the housing officer is advising serving notice on a tenant it's a telling indictment of the tenant as they pretty much do anything to keep tenants in properties these days due to the lack of social housing stock.

Good luck with the fact finding mission, before you call her make some notes of clear things you want to achieve, take notes of what she/they say and above all stay calm; I know easier said than done.

Once you know where you stand if you want to bounce the points of your conversation off me just post here again and I'll help where I can.

[bb41]

Re: Selling my tenanted property with vacant possession

It sounds awful and it's unfortunately people like this who tar the rest with a brush and mean HB claimants struggle for accommodation. As I have said on another thread, I hate Letting Agents because of the way they behave towards tenants, but when you have this level of stress I understand why Landlords choose to use them.

From what you have said in the other thread and here, it seems your tenants new partner is clouding her judgement. "Love is blind" they say.

I think if the housing officer is advising serving notice on a tenant it's a telling indictment of the tenant as they pretty much do anything to keep tenants in properties these days due to the lack of social housing stock.

Good luck with the fact finding mission, before you call her make some notes of clear things you want to achieve, take notes of what she/they say and above all stay calm; I know easier said than done.

Once you know where you stand if you want to bounce the points of your conversation off me just post here again and I'll help where I can.

I'm in tears ..thank you. I can't afford legal representation and the section 8 route failed as just before court a HB payment was made so I didn't want to go that route again
The tenant started renting with me in 2006, I took no deposit as her previous history was good and seemed such a nice person.
I just can't understand in the last 18 months she has caused all this after all these years.
I have provided all the necessary and more helping her out with some garden maintenance and a new kitchen when she accidentally set it on fire and then this happens
I will let you know what she says, but realistically I just want them to leave now so I can retire without stress

[Amethyst]

Re: Selling my tenanted property with vacant possession

I don't know if it will make any difference at all - as landlord/tenant really is not my area of knowledge at all.... but is there anything in the tenancy agreement about not moving other people into the property without notifying you etc ? Was the kitchen fire after her partner had moved in ? Possibly would work against you to do anything about this but could there be domestic abuse issues going on ( all the breakages etc since partner moved in) ?

[bb41]

Re: Selling my tenanted property with vacant possession

I don't know if it will make any difference at all - as landlord/tenant really is not my area of knowledge at all.... but is there anything in the tenancy agreement about not moving other people into the property without notifying you etc ? Was the kitchen fire after her partner had moved in ? Possibly would work against you to do anything about this but could there be domestic abuse issues going on ( all the breakages etc since partner moved in) ?

Sadly the kitchen fire was a while back pre..new partner. She has had issues and lost custody of her first child so I knew she was vulnerable but such a nice person. The new partner has a history of violence and she is claiming full benefit so although I know he lives there and doesn't work I'm not sure the benefits office do.
I have thought of reporting it but I have no proof and that would probably make things worse