Selling my tenanted property with vacant possession

[ostell]

Re: Selling my tenanted property with vacant possession

Probably not because it is given to you on the express condition that it cannot be used for any arrears. It's not a nice world.

[bb41]

Re: Selling my tenanted property with vacant possession

looks like I am totally scuppered then.. the tenancy was taken out so long ago.. I just want my house back and remove this stress

[bb41]

Re: Selling my tenanted property with vacant possession

Just a small update, housing officer called me this morning and again was very helpful in some respects. It seems the tenant wont challenge my section 21 but will wait for the repossession order which is what I pretty much expected . Section 21 ends sept10th so I can apply straight away for a possession order .
I hope I can have some help filling out what I believe to be an N5 form. I am just wondering if the tenant does not defend roughly how long does it take on average from applying to court to eviction and bailiffs ?

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

Just a small update, housing officer called me this morning and again was very helpful in some respects. It seems the tenant wont challenge my section 21 but will wait for the repossession order which is what I pretty much expected . Section 21 ends sept10th so I can apply straight away for a possession order .
I hope I can have some help filling out what I believe to be an N5 form. I am just wondering if the tenant does not defend roughly how long does it take on average from applying to court to eviction and bailiffs ?

Unfortunately you can't file the application until 10th Sept and you'll have to wait for a hearing date. Once an order is made usually it's 28 days from the date on the order and then after that you would have to make a further application to the court for enforcement, again waiting for a hearing date and order by the court. If you work on 12 weeks from 10th Sept, you probably won't be far off.

[bb41]

Re: Selling my tenanted property with vacant possession

Unfortunately you can't file the application until 10th Sept and you'll have to wait for a hearing date. Once an order is made usually it's 28 days from the date on the order and then after that you would have to make a further application to the court for enforcement, again waiting for a hearing date and order by the court. If you work on 12 weeks from 10th Sept, you probably won't be far off.

Thank you that was roughly what I thought searching through the internet. I wanted to get the form filled out ready to post on the 11th and to make sure I have filled everything out correctly

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

Thank you that was roughly what I thought searching through the internet. I wanted to get the form filled out ready to post on the 11th and to make sure I have filled everything out correctly

I think pre-completing the form is a very sensible move. When sending it I'd advise using Recorded Delivery to have peace of mind that the court have received it and not been lost in the post.

Edited to add: I'm sure if you fill it out, print it and then send it to the admins with the details of this thread they'll post the form here and someone with better knowledge than I will check it over for you.

[bb41]

Re: Selling my tenanted property with vacant possession

I think pre-completing the form is a very sensible move. When sending it I'd advise using Recorded Delivery to have peace of mind that the court have received it and not been lost in the post.

Excellent tip, I'm normally OK with forms but this can't be wrong . Another morning lost on this hassle but more work now means less in the long run

[jaguarsuk]

Re: Selling my tenanted property with vacant possession

Excellent tip, I'm normally OK with forms but this can't be wrong . Another morning lost on this hassle but more work now means less in the long run

Re: my edit above, a further edit

"I'm sure if you fill it out, print it and then photograph or scan it to send it to the admins with the details of this thread they'll post the form here and someone with better knowledge than I will check it over for you."

[bb41]

Re: Selling my tenanted property with vacant possession

Re: my edit above

"I'm sure if you fill it out, print it and then send it to the admins with the details of this thread they'll post the form here and someone with better knowledge than I will check it over for you."

Thanks just printed it out so I have the template , need to re-ink the printer for the real one but apart from making more visible the strike through areas I think I have done it . I downloaded the guide from RLA which had step by step instructions

[bb41]

Re: Selling my tenanted property with vacant possession

Nothing is ever straight forward, housing officer has found the tenancy agreement and as the council paid one months rent in advance that does come under "deposit" now what do I do ?
The arrears are over 2k but who do I pay the deposit back to , the tenant who didn't pay it or back to the council who did pay it and will I have to serve section 21 again ?

[bb41]

Re: Selling my tenanted property with vacant possession

Housing officer came good again.. as long as I repay the deposit which I have they are now issuing me with a bond ... I have to re-issue a section 21 but thankfully only a delay of just over 2 weeks ...phew !!

[Crazy council]

Re: Selling my tenanted property with vacant possession

Hi

I would do a number of actions in relation to notice for them, cut down there options. Formal notice as well as section 21,

If they looking to be rehoused, ask the housing officer if they can assist ( just done this for us, with a drunk in a flat )
Also, still not sure you can serve section 21 that fast unless deposit is protected, and that takes a few week, although the TTs might not know that.

quite a bit changed last year around the notices so would need to read up and check first. will add to this later.

[bb41]

Re: Selling my tenanted property with vacant possession

After a long conversation with the HO even though the housing minister said that forcing LL's to go through until bailiff action shouldn't be par for the course she said that is still the case .If it's a straight forward S21 then at least the tenant will get re-housed which I totally believe the tenant wants .
I'm just waiting for a reply now I have paid so not sure how long it will take for the bond to be issued but at least it's done..albeit a delay , it could have been worse