Tenants that won't leave
Discussion
Hi guys, my wife's buy to let is becoming a bit of a mare and we're trying to sell the property.
We have a a letting agent, they take their 15%.
The tenants are on a rolling contract and we gave them good notice that we planned to sell.
The letting agent phoned late last month to say the tenants won't leave, they can't find anywhere to move to, and the letting agent recommended we let them keep looking.
The agent says she trusts them to keep paying. And says she's sure it'll only be another month or two. She advised against legal preparations.
The sale can't go through while they refuse to leave. We are lucky that the buyer is family and flexible!
But I am concerned that this will drag on and we've an empty hand with few options. How do I pressure the letting agent to ensure this "can't move out" doesn't happen monthly from now on?
We have a a letting agent, they take their 15%.
The tenants are on a rolling contract and we gave them good notice that we planned to sell.
The letting agent phoned late last month to say the tenants won't leave, they can't find anywhere to move to, and the letting agent recommended we let them keep looking.
The agent says she trusts them to keep paying. And says she's sure it'll only be another month or two. She advised against legal preparations.
The sale can't go through while they refuse to leave. We are lucky that the buyer is family and flexible!
But I am concerned that this will drag on and we've an empty hand with few options. How do I pressure the letting agent to ensure this "can't move out" doesn't happen monthly from now on?
https://www.gov.uk/gaining-possession-of-a-private...
Section 21. Make sure you prepare the notice today and send 2 copies by normal post from 2 different post offices. Make sure you get proof of postage. Do not use signed for or guaranteed next day. Tenant may refuse to accept letters.
If you have money to waste, use a solicitor, if you went to university, then read up on Landlord Zone and other forums and do DIY eviction.
Hopefully your unscrupulous agents havent renewed their contract and its just a rolling contract as you think. This may take a while and if they are useless tenants, then be prepared to also lose some rental income (may be recoverable after they have left).
Section 21. Make sure you prepare the notice today and send 2 copies by normal post from 2 different post offices. Make sure you get proof of postage. Do not use signed for or guaranteed next day. Tenant may refuse to accept letters.
If you have money to waste, use a solicitor, if you went to university, then read up on Landlord Zone and other forums and do DIY eviction.
Hopefully your unscrupulous agents havent renewed their contract and its just a rolling contract as you think. This may take a while and if they are useless tenants, then be prepared to also lose some rental income (may be recoverable after they have left).
Edited by Eclassy on Thursday 5th June 13:21
Remember that s21 just gives them notice - a minimum of two months, and it must tie in with their rental period dates. You can't do a thing about evicting them UNTIL that two months has elapsed.
So, practically, the agent is actually right. "Let them keep looking" is by far and away the most painless way to get from here to vacant possession.
This is the main reason why everybody says "Get vacant possession BEFORE you sell". Unless, of course, you think it'll sell to a BtL investor and they'll be happy to take the tenancy on. NOBODY in their right mind will exchange on a place with tenants in situ, and anybody with any sense will be reluctant to even start legals on the purchase with tenants still in place.
So, practically, the agent is actually right. "Let them keep looking" is by far and away the most painless way to get from here to vacant possession.
This is the main reason why everybody says "Get vacant possession BEFORE you sell". Unless, of course, you think it'll sell to a BtL investor and they'll be happy to take the tenancy on. NOBODY in their right mind will exchange on a place with tenants in situ, and anybody with any sense will be reluctant to even start legals on the purchase with tenants still in place.
There are two very differing Section 21 Notices, one during the assured tenancy period, and the other issued once the tenancy becomes a Periodic (rolling) Tenancy, being a Section 21(4)Notice. For either of these notices to be served upon a tenant/s, the Deposit, if any, must be protected within a Tenancy Deposit Scheme.
My advice to the OP would be first to check that any Deposit IS protected under the new rolling Periodic Tenancy, if it is, then issue a Section 21(4) Notice. Many Notices of this type fail because the dates, details on the said Notice is incorrect, and below I give some guidance, indication of what dates need to be entered on the Notice.
Under a Tenancy which commenced on 7th May 2010
and expired on 6th November 2010
We give Notice that we require possession of the dwelling house known as
Date Notice expired After 6th August 2014
Date Notice served 5th June 2014
The difference between the date the Notice is served must be more than 2 months of requiring possession of the property.
My advice to the OP would be first to check that any Deposit IS protected under the new rolling Periodic Tenancy, if it is, then issue a Section 21(4) Notice. Many Notices of this type fail because the dates, details on the said Notice is incorrect, and below I give some guidance, indication of what dates need to be entered on the Notice.
Under a Tenancy which commenced on 7th May 2010
and expired on 6th November 2010
We give Notice that we require possession of the dwelling house known as
Date Notice expired After 6th August 2014
Date Notice served 5th June 2014
The difference between the date the Notice is served must be more than 2 months of requiring possession of the property.
Our neighbour is renting & the owner wants to sell up. They were advised that they do not have to move out until they have found somewhere else. This has been going on for almost a year now & apparentley the owner of the house can't do a thing. This is what I was told anyway, no idea how the law works in this situation.
boobles said:
Our neighbour is renting & the owner wants to sell up. They were advised that they do not have to move out until they have found somewhere else. This has been going on for almost a year now & apparentley the owner of the house can't do a thing. This is what I was told anyway, no idea how the law works in this situation.
I have recently served a Section 21(4) Notice on a tenant, my thoughts are that it will involve me going to court, and then enlisting the assistance of court bailiffs. Possibly looking at 5 months before I repossess the property, costs with possible tenant vandalism, i am not even going to hazard a guess.Every time I read a thread like this I'm glad that I have normal, sensible, decent tenants.
My advice will always be this: don't use an agent, vet the tenants yourself & be prepared to wait a short while for the 'right' one as opposed to the 'right now' one.
For this situation, why not speak to the tenants directly & find out the truth?
My advice will always be this: don't use an agent, vet the tenants yourself & be prepared to wait a short while for the 'right' one as opposed to the 'right now' one.
For this situation, why not speak to the tenants directly & find out the truth?
Agent is prob hoping your buyer gets bored and goes elsewhere, then they get 15% for the foreseeable future.
I personally am currently evicting a tenant, the family haven't paid rent in 5 months, i've got a possession order for next week but I highly doubt they'll move willingly, I think the bailiffs will be coming.....
This is a 2 parents and 3 kids, 3 of them work and one of the kids gets some sort of disability money so they can afford the rent, no issues.
OP if you really want your tenants out then disengage your agent and sort it out yourself, they agent is not likely to do it quickly to lose income at the same time too...
I personally am currently evicting a tenant, the family haven't paid rent in 5 months, i've got a possession order for next week but I highly doubt they'll move willingly, I think the bailiffs will be coming.....
This is a 2 parents and 3 kids, 3 of them work and one of the kids gets some sort of disability money so they can afford the rent, no issues.
OP if you really want your tenants out then disengage your agent and sort it out yourself, they agent is not likely to do it quickly to lose income at the same time too...
My one hasnt paid since December. He ignored the court order of course. Bailiffs have set an eviction date 9 weeks away.
Why is there no repercussion for ignoring the court order? The scum of the earth has 3 cars currently parked on the property. The most annoying thing is that they will not allow one to transfer up to High Court bailiffs (HCEO) which would have made eviction faster (maximum 3 weeks from expiry of order)
Why is there no repercussion for ignoring the court order? The scum of the earth has 3 cars currently parked on the property. The most annoying thing is that they will not allow one to transfer up to High Court bailiffs (HCEO) which would have made eviction faster (maximum 3 weeks from expiry of order)
Wings said:
I have recently served a Section 21(4) Notice on a tenant, my thoughts are that it will involve me going to court, and then enlisting the assistance of court bailiffs. Possibly looking at 5 months before I repossess the property, costs with possible tenant vandalism, i am not even going to hazard a guess.
Yep, once the "Sheriff's" are involved it should move along bit quicker.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff