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Thread: Pcol

  1. #1
    Join Date
    Jan 2011
    Posts
    1,398

    Default S21 Served - Tenants Asking to Stay

    Hi

    Served S21 which expires mid-February.

    I contacted the tenants to ask if they have managed to find another property yet and they are now requesting to stay. I've said 'no'. I've also asked to do a maintenance inspection this week (which has been agreed).

    The conversation ended with the tenant telling me - that 'we can talk about leaving in another 6 months time' this is after I've said no. The couple are Polish and sometimes there is a misunderstanding with communication.

    Should I send them a letter stating that, "following our conversation on [date], my decision has not changed and that I still seek to gain possess of the property after [date]?"

    If so, should I point out that if I have to make an application to the court, I will seek the costs from them?

    This is the bit I don't like about being a landlord - I hate the thought of making someone go when they don't want to - but the wife has been incredibly problematic and the property is far too small for them. I also suspect they could be sharing the property with another couple.

  2. #2
    Join Date
    Oct 2009
    Posts
    4,812

    Default

    Maybe wait for Westminster to come on line to answer this, but my feeling is that whatever you send now other than official documents will be used as 'proof' of harassment.

  3. #3
    Join Date
    Jan 2011
    Posts
    1,398

    Default

    OK, I shall do nothing for the moment.

  4. #4
    Join Date
    Jan 2011
    Posts
    3,157

    Default

    As a frequent flyer on this forum, Claymore, you realise your s21, on expiry, does not compel Ts to vacate, only a Court repo Order, after enforcement, if nec. This could take 3-4 months after expiry. Of course, they could leave voluntarily on/before expiry date without serving a valid NTQ. In which case your only legal option is for s21 possession order.
    I appreciate your concern over poss breach of T, but without substantiated evidence, that is all that it is.
    You have not mentioned current tenancy status ie date T commenced, fixed term duration,frequency of rent payments due, date & type, validity s21 served.
    My advice, leave current valid? s21 in play, but do not execute yet, nor offer T extension.
    Use your agreed inspection to look for evidence of sub Ts (T is entitled to have rent non-contributary family members staying for a reasonable time.
    Ask neighbours about prolonged occupants, other than Ts.
    If T is reasonably up to date with rent due and not a mithering pain in the a**, why would you want to evict, creating a poss void of 1+ months?

  5. #5
    Join Date
    Nov 2010
    Posts
    5,211

    Default

    The s.21 notice indicates that you are seeking possession, ie. that you intend to start court proceedings after expiry.
    Just wait until notice expires then start court proceedings if they don't intend to leave.
    ⊂ Unsuitable for nut allergy sufferers ⊃

  6. #6
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,024

    Default

    I applied to the court under S.21 on 5 December 2012 and received a Possession Order effective 22 January 2013 (tomorrow), so it might not take too long.

  7. #7
    Join Date
    Oct 2006
    Posts
    6,990

    Default

    Quote Originally Posted by Claymore View Post

    Should I send them a letter stating that, "following our conversation on [date], my decision has not changed and that I still seek to gain possess of the property after [date]?"

    If so, should I point out that if I have to make an application to the court, I will seek the costs from them?
    Yes, you should do exactly that. Maybe put the number of the local authorities housing department in it as well as the local C.A.B if you have one.
    Of course, you should keep a copy of the letter.
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8
    Join Date
    Jan 2011
    Posts
    1,398

    Default

    I am fully familiar with S21 and what it means etc. It has all been served correctly - I had Snorkerz company serve it for me.

    I haven't taken the decision to seek possession lightly and it has nothing to do with the possibility of them having another couple living there.

    I believe the wife is extremely unhappy - she is at home all day with the baby - they have far too much furniture for the place - I'm even storing some of their furniture for them and they also asked me to store one of their arm chairs but I said no. They are not heating the place and the wife has become an absolute pest with telephone calls re this, that and the other which are totally irrelevant to my responsibilities - ie, the plug in the bathroom is leaking. The light bulb in the bathroom is not working. A few months ago, I went down and had a chat with them about all the call outs - I listed 12 that I could remember and only 2 were valid. I explained this could not go on and that it was unfair to keep calling me out for things that they should be dealing with themselves. I said that I was thinking of not renewing their tenancy agreement. The husband called me and said don't worry, no more unnecessary telephone calls will happen. The final straw came at the end of November - I was in hospital having a major operation and she rang my other half (who is as she is fully aware, her joint landlord) with a problem - he told her he would come down the very next day. I came round from surgery to a text message on my phone saying, Mr Claymore has told me you are in hospital having an operation - who do I speak to if I have a problem? I could not believe this!

    Basically, the husband really wants to stay as it is an affordable property near to his work - he has rung me and told me to 'ignore' his wife and only to deal with him.

    I did ring the NLA and took advice and they said 'get them out, issue a S21 now'

    When I do the inspection I will mention some nice spacious properties a couple of towns away which are much cheaper than mine. I won't put anything in writing but I will reiterate that 'after' date, I will seek possession through the courts.

  9. #9
    Join Date
    Nov 2008
    Location
    Suffolk
    Posts
    2,593

    Default

    I cannot see any harm in clarifying your position at all... Maybe I'm missing something that others have seen. It's not harassment, and you could perfectly justify it with the language barrier etc.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  10. #10
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote Originally Posted by Claymore View Post
    Served S21 which expires mid-February.

    I contacted the tenants to ask if they have managed to find another property yet and they are now requesting to stay. I've said 'no'.
    As you say you understand the effect of a s.21 notice is merely to entitle you to apply for possession, you presumably know that you don't have the authority to agree or refuse to let them stay. You can, obviously, choose whether or not to apply for a possession order.

    Should I send them a letter stating that, "following our conversation on [date], my decision has not changed and that I still seek to gain possess of the property after [date]?"
    I don't see the point. You either will or won't apply for possession, and if you go ahead, the T will know about it soon enough when he gets a copy of the claim.

    You should also bear in mind the general rule about never saying more than you have to. It's never advisable, for example, to send a covering letter with a s.21 notice; same applies to correspondence regarding a s.21 notice already served.

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