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Dec, 2014

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  1. #1

    Default Tenant Won't Move Out!

    Hi all,

    I wonder if someone would be able to help me with a tenant issue... I'll run through the situation briefly... For the last year my tenant had been on a statutory periodic tenancy after his original tenancy expired. Due to noise issues caused by my tenant we issued him a Section 21 early this year, set to expire mid-April.

    We have been advertising the property and have only just found a new tenant to move in towards the end of July. For the last two months, on the 17th of the month the tenant has paid cash into our account without our permission in an attempt to extend the tenancy. As we didn't have a new tenant lined up we gave him an extra month's grace (twice!), however we really do need him out in the next week this time. The rent he has paid takes him up to the 21st of July, how can we actually get him out?

    I'm guessing he'll try and pay the rent into our account again. I'll try and refund it to him but we don't have his bank account details and I bet he'll refuse thinking he can extend the tenancy.

    Could someone explain my legal position please, he's basically making a mockery of us saying that he has been to Citizens Advice and they say we can't do anything about it (yeah right!).

    Much appreciated,
    vne101

  2. #2
    Join Date
    Oct 2009
    Posts
    5,392

    Default

    You need to apply for a possession order.

  3. #3
    Join Date
    Oct 2006
    Posts
    7,679

    Default

    How did you give him "extra time"?

    You have no reason to refund, as the tenant is required to pay rent for at least as long as they are in the property. Possibly longer.

    What you need to do is to apply for possession of your property. Form N5B from the county court, and £175 is what you need, and then possibly bailiffs after that.
    It's safe to say the tenant you have lined up won't be moving in for several months if the tenant exercises their right to remain in the property.

    Are you 100% sure your Sec 21 is valid?
    Stalkers, please go over this comment with a fine tooth comb.

  4. #4

    Default

    Quote Originally Posted by thesaint View Post
    How did you give him "extra time"?

    You have no reason to refund, as the tenant is required to pay rent for at least as long as they are in the property. Possibly longer.

    What you need to do is to apply for possession of your property. Form N5B from the county court, and £175 is what you need, and then possibly bailiffs after that.
    It's safe to say the tenant you have lined up won't be moving in for several months if the tenant exercises their right to remain in the property.

    Are you 100% sure your Sec 21 is valid?
    Thanks for the replies. Rather naively I agreed to extend for one month verbally face to face, and the second time was when he asked by text message after already paying in the rent. I made it clear the exact date that we needed the property for and he agreed, however he is now going back on it.

    The Section 21 was squeaky clean however that was due to expire a couple of months ago, and I haven't enforced it yet. Can I still enforce immediately?

    Thanks!

  5. #5
    Join Date
    Nov 2008
    Location
    Suffolk
    Posts
    2,604

    Default

    Your agreement to extend the term may well be prejudicial to your original S21.
    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)

  6. #6

    Default

    Quote Originally Posted by MrJohnnyB View Post
    Your agreement to extend the term may well be prejudicial to your original S21.
    That's what I was worried about. You're caught between a rock and a hard place as a Landlord... trying to be lenient and understanding by allowing an extra month, but then being taken advantage of by scumbag tenants that break their word and put you legally on the back foot.

  7. #7
    Join Date
    Oct 2006
    Posts
    7,679

    Default

    It's up to you whether you want to risk losing £175 or not.
    Even if your Sec 21 is deemed valid, you will not have him out in 3 weeks.

    I would be tempted(admittedly, I am not party to any facts)to apply for the possession order. If your Sec 21 is squeaky clean, then the judge will give you possession pending the tenant requesting a hearing.
    Stalkers, please go over this comment with a fine tooth comb.

  8. #8
    Join Date
    Apr 2010
    Location
    UK
    Posts
    2,273

    Default

    The answer is to not be lenient. You issued a S21 with the specific intention to end the tenancy, but didn't follow through with the court process to end it. Tenant has done nothing wrong in staying, as you have not enforced the eviction. Paying rent whilst they are still there is not extending their tenancy, as the tenancy still exists - be grateful they paid you, as many tenants will stop paying the moment the S21 hits to doormat!

    Did you take a deposit at start of tenancy and was this protected in a scheme and the full prescribed information from the scheme issued by you to the tenant within 30 days of receipt? If not, then the S21 will be invalid.

    You say you are 100% sure the S21 is good, but many, many fail due to wrong dates, incorrect method of serve, no proof of service date or even using the wrong version of the notice!

    If you are convinced it is correct, I would apply to court to end the tenancy the strength of the S21 already issued, but beware that the tenant can claim you offered an extension, and cancel the S21, and you would have to start all over again.

    Have you promised the "new" tenant they can move in on XX date? If so, you may also be in trouble there, as unlikely your tenant will be going anywhere any time soon, whilst you aware your possession order! I would advise them of the situation immediately, as if they are giving notice on another rental, they are likely to be homeless as your property will not be vacant.

  9. #9
    Join Date
    Nov 2010
    Posts
    5,531

    Default

    I'm guessing this is the same tenant as OP's previous thread:
    http://www.landlordzone.co.uk/forums...t-way-to-evict
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