View Full Version : Evicting tenants
04-11-2005, 12:47 PM
We have had tenants in our property for 4 years and never had a problem with them until now! We served notice (through our agent) last October and this was completely ignored. We were not too bothered as they always paid their rent and we considered them good tenants (regardless of the fact that they have changed all the carpets and put in a new fireplace without our permission). Anyway, my question is I now need to sell my house and would like to evict them as soon as possible. I believe I can serve section 21 (4) and then refuse any rent offered. Is this correct? Also, just to add to the problem, the tenant has 2 children both of whom are going blind - could this have any bearing in court?
Many thanks for any advice offered.
04-11-2005, 13:18 PM
1. You can and should still accept rent but accept it as Mense Profits.
2. Make sure you have served the notice correctly with the dates giving the required notice, there is a lot on this forum about this.
3. The S21 is a mandatory notice, and therefore you need not give a reason for the eviction. However, if the tenants pleed homelessness to a Judge, he MAY extend the eviction date.
4. When the tenants recieve a court notice, they can claim help from the council for re-housing as they have been made homeless. Having these children who are going blind will help their cause in this.
04-11-2005, 13:20 PM
Where is this information coming from that once you have issued a section 21 you should refuse rent :O This is the second time I have read someone post that.
Issue Section 21 and on expiry apply to the courts for possession. This way the tenants are more likely to get social housing. You may have to sit it out and wait for bailiffs but they are more likely to get a house based on this process than any other.
You say you issued Notice last October. What notice was it and why did you issue it and then not follow it up?
04-11-2005, 14:18 PM
We didn't follow up as our circumstances changed. Also, we were in no rush at the time and stupidly just thought they would leave the property once notice was served. With the housing market being what it was and an absolute mass of houses for sale in our area we did not chase up. However, as I said our circumstances have changed again and we want to sell the property.
We were given advice about not accepting rent by a rental expert who actually does training courses in lettings and management.
The mesne profits issue was never resolved. In theory Paulf believes that the moment the notice expires, any money received will automatically be considered mesne profits.
Lawstudent believes that the tenancy does not expire upon expiration of the notice and remains a tenancy until the courts give possession.
If Lawstudent is correct, then any monies received after the expiration of the section 21 notice, can still be taken as rent.
Seeing as the n5b route does not discuss rental, the point is academic unless the tenant claims that a new tenancy has been granted by the acceptance of rent beyond the notice. In this instance you would simply state that monies were received as mesne profits. However, it is very unlikely to come up.
04-11-2005, 17:08 PM
Yes, having read some old posts, seems it doesnt matter as the tenant is there in sufferance, so I withdraw that piece of advice.
05-11-2005, 11:45 AM
I asked Marveen Smith this question at the NAEA lettings forum in the Summer and she said it doesn't matter if you accept the money as rent or mesne profits as you don't need to define it.
Once the S.21 Notice has been served you are asking for possession. The Warrant of Possession states the date on which you are entitled to reclaim the premises, and until the tenant moves out you are entitled to the equivalent amount of rent/mesne prifts, call it what you will.
On the question of when the tenancy ends, only the courts can end the tenancy if the tenant fails to vacate; the S.21 Notice states when you want the premises back, but doesn't mean you actually get it on that day.
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