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lollyhouse
19-02-2007, 15:11 PM
We have tenants in our property who were served with a S21 in November but havent left. The council have offered them alternative accommodation but they haven't yet accepted it. They also haven't paid rent since end of January. As is expected, communication has broken down between us and the tenants, but I do want to send them a letter this evening letting them know that as they haven't left despite the S21, haven't paid rent, etc that I will be going for a court order to gain possession. Are there any formalities or bits of information that might be useful in compiling this letter. I don't want to harrass them but I am extremely serious about removing them from my property and want them to understand that. Is there a timeline I should follow or give them to allow them to leave or do I just instruct my lawyer asap? Thanks

jeffrey
19-02-2007, 15:18 PM
We have tenants in our property who were served with a S21 in November but havent left. The council have offered them alternative accommodation but they haven't yet accepted it. They also haven't paid rent since end of January. As is expected, communication has broken down between us and the tenants, but I do want to send them a letter this evening letting them know that as they haven't left despite the S21, haven't paid rent, etc that I will be going for a court order to gain possession. Are there any formalities or bits of information that might be useful in compiling this letter. I don't want to harrass them but I am extremely serious about removing them from my property and want them to understand that. Is there a timeline I should follow or give them to allow them to leave or do I just instruct my lawyer asap? Thanks

Why do you want to write? Will it achieve anything, in your opinion? They have received - but ignored - your s.21.

DianeB
19-02-2007, 16:08 PM
Lollyhouse, I would suggest you get the ball rolling as quickly as possibly. Time is money and the sooner you get them out, the better. If they want to shoot themselves in the foot by turning down council accommodation - more fool them!

Poppy
19-02-2007, 16:32 PM
What's the point of writing more futile letters? Time to action the s21 notice in court. Don't delay. Be professional.

lollyhouse
19-02-2007, 16:45 PM
Thanks guys. I suppose I feel helpless with yet another day going by and nothing happening. The council had placed the tenants with me under their rental access scheme which I have since found out is not obligated to offer the private landlord any actual help when in these circumstances. I was kind of hoping that a letter from us would sway them into accepting the accommodation offered to them by the council, but I think you're right. The housing dept at the council talked me into holding off the court order for this last week but as nothing has happened, I'm now wishing I started procedures a week ago when I found out they weren't planning to leave. Does the APP only cover possession &/or costs. Do I have to do a separate thing for unpaid rent? The council have guaranteed a deposit which would cover this unpaid rent, but are now being cagey as to whether they would actually pay up.

lollyhouse
19-02-2007, 16:51 PM
also - is it advisable or not to visit a property to do an inspection when in this situation or best to leave it.

Beeber
19-02-2007, 17:01 PM
You can't enter the property without providing notice and receiving permission from the tenants, despite their arrears.

If you do, you risk breaking criminal law because it can be classed as harassment and if they are 'professional tenants' (i.e. those who have greater knowledge of housing law than yourself and willing to exploit it), you will regret this).

Therefore, I doubt they will give consent if asked and it would be unwise to perform an inspection without it. As Poppy says, be professional.