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View Full Version : Help - noticed served on tenant but not moving



SZAMOCA
06-04-2008, 13:18 PM
We served notice, section 21, on our tenant (council) over 2 months. She is due to move out coming tuesday but she told us yesterday she can't move until another 1 month as where they are moving to is not vacant until then. What shall we do? They would like to sort this out amicably, but they have not been a great tentants. To keep our life simplier we told the council and the tenant that the reason we are giving the notice is becuase we selling, which we would like to do asap, and not because they are troubled tenants.

what shall we do? Even they are promising to move in 1 months, shall we start court proceedings (how much will it cost?) as I am affraid if they don't move then and want to get them out, the court will say the notice has expired and we will have to start from the beginning. Is there anything we could get them sign written something to agree they will be moving but will be able to use that in court if it comes to that? Please any help appreciated asap as I have not idea where to get advice from and what to do. Thanks

Ericthelobster
06-04-2008, 15:03 PM
what shall we do? If you don't start court proceedings now, then the 2 months' notice you've given them will still be valid in a months' time if you decide you want to wait and see if they quit then as promised. But after you've applied to the courts it will still be many weeks until you get a possession order, and even longer until you can get a bailiff to evict them... so you risk wasting a month if you decide to trust them to move out when they say they will.

In terms of the cost, the court fee is £150. If you decide to pay that and start proceedings next Wednesday (ie, as early as you can) then you won't get that back even if the tenants do leave in a month. However, either way, the tenants are still due to pay this fee (if you can get it out of them), so it can be added on to any rent arrears they owe you.

So really, it depends on how badly you want the property back (eg, are they still paying rent as long as they stay, or are arrears getting worse by the day? Are they damaging the property? etc etc) and whether you trust them or not to leave when they say they will. Having experienced several times being fed a complete pack of lies by tenants in similar situations, personally I think I'd start proceedings as soon as possible.

Planner
06-04-2008, 20:18 PM
We served notice, section 21, on our tenant (council) over 2 months. She is due to move out coming tuesday but she told us yesterday she can't move until another 1 month as where they are moving to is not vacant until then. What shall we do? They would like to sort this out amicably, but they have not been a great tentants. To keep our life simplier we told the council and the tenant that the reason we are giving the notice is becuase we selling, which we would like to do asap, and not because they are troubled tenants.

what shall we do? Even they are promising to move in 1 months, shall we start court proceedings (how much will it cost?) as I am affraid if they don't move then and want to get them out, the court will say the notice has expired and we will have to start from the beginning. Is there anything we could get them sign written something to agree they will be moving but will be able to use that in court if it comes to that? Please any help appreciated asap as I have not idea where to get advice from and what to do. Thanks

I hope you protected your tenants deposit in a registered scheme?

SZAMOCA
07-04-2008, 06:50 AM
Thank you both for your replies.

Luckily the council is paying their rent direct to us until they move (however, I will ring Council today to make sure they are aware of the tenant staying) so I have no rent arrears. They also have a 11 months old baby, so we might give them the chance of moving first before starting court as they will need that £150. Also they are a bit dodgy and don't want to piss them off, especially if it is a genuine reason that they can't move as yet, as we have a little baby too and i don't want to be looking over my shoulder. And if I can start court proceedings in May, I only lost a month.

Yes, we have the deposit protected and as she has found her own accommodation the deposit is due back to her so she should not do any damage to the property otherwise she loses the deposit or some of it.