Tenants not moving out. Options?

[Chilli]

My tenants were served with 2 months notice by the property managers, as I've sold the house. However, the tenant is now wanting 3 or 4 months (from today) to move out. My sale will fall through if this is the case, so are my only legal options that I have to take him to court?
Anyone else had a similar situation?

Cheers.

[Mr SFJ]

Personally, I would wait until they've gone out (unless they're sit-in tenants) wait until they're out, change the locks, leave a note on the door asking them to call you, then arrange their collection of property.

Probably not legal, but the legal routes cost loads of money and can take ages.

[Eclassy]

Sadly yes. And it takes a long long time + you lose money as there is a great chance the tenant will stop paying once they receive court papers.

Some people have suggested offering a financial incentive for them to move out. I would never do it but since you are selling it may be the best course of action for you.

[zedstar]

I just had this problem - only it was because my tenants decided they didn't want to pay rent anymore. I ended up having to go to court, took approx 6 weeks for a court date to get a possession order, the order gave them 4 weeks to move, they didn't. The day after I submitted a form to get the court bailiffs in, 2 days after i did this they moved. And left every bit of crap they didnt want.

So nearly 3 months in total and a house that stinks of crap and used as a large bin.

[Eclassy]

Mr SFJ said:

Personally, I would wait until they've gone out (unless they're sit-in tenants) wait until they're out, change the locks, leave a note on the door asking them to call you, then arrange their collection of property.

Probably not legal, but the legal routes cost loads of money and can take ages.

Unless you can find an unemployed single mother with 2 young children to take temporary residence in the house once you change the locks, this wont work as they are likely to just change the locks and move back in.

[JustinP1]

Mr SFJ said:

Personally, I would wait until they've gone out (unless they're sit-in tenants) wait until they're out, change the locks, leave a note on the door asking them to call you, then arrange their collection of property.

Probably not legal, but the legal routes cost loads of money and can take ages.

However, the illegal route can cause a hell of a lot more trouble. And cost.

[JustinP1]

Chilli said:

My tenants were served with 2 months notice by the property managers, as I've sold the house. However, the tenant is now wanting 3 or 4 months (from today) to move out. My sale will fall through if this is the case, so are my only legal options that I have to take him to court?
Anyone else had a similar situation?

Cheers.

I guess they know the house has been sold, as the property managers have dropped the ball and explained the reason why they must move.

Thus they know you have them over a barrel.

Options to consider:

Notice that the rent will be a rather expensive amount. (Stick)

Offer them a lump of cash to move out. (Carrot)

[JQ]

An alternative solution is to pay them off - £1,000 for vacant possession in 2 weeks? Work out how much going to court will cost and how much losing the sale will cost and use that number as a baseline. No doubt it won't feel pleasant but neither will losing a sale or going to court.

[surveyor]

Realistically

If they are looking to be housed by the council they will not do this until a court evicts them. This will cost you time and money.

Have a frank discussion and consider offering cash. Galling I know.

Do not lock them out. People know their rights (as do Citizens Advice and the Housing Office) and you can land yourself in a great deal of bother.

[UpTheIron]

Chilli said:

My tenants were served with 2 months notice by the property managers, as I've sold the house. However, the tenant is now wanting 3 or 4 months (from today) to move out. My sale will fall through if this is the case, so are my only legal options that I have to take him to court?
Anyone else had a similar situation?

Cheers.

How far into the original 2 months are you? When are you due to exchange / complete? Why is the tenant saying they won't move? Do they understand the implications, or are they just asking if they can have extra time (and pay more rent) as it would suit their circumstances?

Do you know if your tenant will need to rent again once they move... possibly if they realise that you will take them to court and pursue them for all costs (which I would like to think would include any costs related to your sale falling through although IANAL) and they will be left with a CCJ if they do not pay, and you will chase them via HCEO's and therefore make it very hard for them to rent their next place then perhaps they will think twice.

Of course, they may not care as they have no money and can't afford to pay rent anywhere and the next step is a council house (which they won't get until they are legally evicted).

Ultimately the legal route will cost you time and money and possibly your house sale, but the illegal route is high risk. I've been down the legal route and I can't say I wouldn't go for option B next time depending on the circumstances (I'm £12k+ out of pocket with little hope of recovery despite a CCJ as my ex tenant has no means to pay).

I'd start by trying to understand why they won't go, and depending on what they say and how reasonable they are as people it may influence your next step.

[JQ]

UpTheIron said:

... possibly if they realise that you will take them to court and pursue them for all costs (which I would like to think would include any costs related to your sale falling through although IANAL)

IANAL either, but I'm pretty certain those costs would not be recoverable. Selling a property with vacant possession when he does not actually have vacant possession is a risk the OP has chosen to take. The safest route would have been to get possession then sell the property.

[TheHound]

Try these guys... they are quick and efficient

http://www.landlordaction.co.uk/

[Chilli]

Thanks for the responses gents.
The tenant is a good guy, always got on we'll with him, to the point I've not touched the rent for almost 5 years. I told him a while ago that I might need to sell and that he should start looking. I've just received an angry email from him saying that he needs 2-3 months.onger as he is n the process of buying himself. He's on holiday and apparently I've just ruined that, and when he gets back, he's off on holiday again...my heart bleeds.
I feel bad for him, he is a nice guy and has never missed a beat with regards to the rent. Every monthly inspection shows the house to be immaculate. However, if I don't sell now, this will effect my life and that of Chilli jnr and the Mrs, it's that clear cut.
I think I'll offer to help with his new rent, perhaps pay it for a month or two, just so that the sale goes through. It pains me to have to do it as I've followed the law etc, but the legal route just I isnt an option.

Trust me, if I could, I'd go round with the boys and persuade him to move out that instance. Why is nothing simple?!

Cheers.

[TVR1]

Mr SFJ said:

Personally, I would wait until they've gone out (unless they're sit-in tenants) wait until they're out, change the locks, leave a note on the door asking them to call you, then arrange their collection of property.

Probably not legal, but the legal routes cost loads of money and can take ages.

I assume you would also send a couple of mates with baseball bats, just incase the illegaly evicted tenants decided to excercise their rights and regain possession of the property?*

And what is a 'sit-in' tenant BTW?

• I thought Peter Rachman was Dead?

Edited by TVR1 on Wednesday 2nd July 17:38

[Eclassy]

UpTheIron said:

I've been down the legal route and I can't say I wouldn't go for option B next time depending on the circumstances (I'm £12k+ out of pocket with little hope of recovery despite a CCJ as my ex tenant has no means to pay).

I feel for you. I am currently only £5k+ out of pocket and tenant is still there. I have had to borrow of credit cards to make mortgage payments.

Why does the law allow this? If I went into a restaurant and ate but cant afford to pay, I am sure I could be arrested and they'd find something to charge me with. Why should a tenant be able to live in someone elses house for free for upwards of 6 months.

I despair.

[Podie]

You're looking to sell.

He's looking to buy.

Is there a deal to be had?

[Mr Classic]

Serious question, what law would you be breaking if you unlocked your property when they were out, changed the locks and put their stuff in storage? They have no right to be in there, I know there are squatters rights but isn't that only when they are inside the building?

[Eclassy]

Mr Classic said:

Serious question, what law would you be breaking if you unlocked your property when they were out, changed the locks and put their stuff in storage? They have no right to be in there, I know there are squatters rights but isn't that only when they are inside the building?

It would be an illegal eviction but in all honesty, the chance of them bringing action against you is almost zero (caveat: if you are letting out in the very upper end of the market where tenants would have a bit more clout e.g powerfully built company directors, it would be a different kettle of fish)

[UpTheIron]

What a crap situation. I guess that unless he stops paying rent, you would have little to go after him for, but if he does then as he is buying, the chances are he will have completed long before you obtain any kind of CCJ (that is of course assuming he stops paying rent). It could/would affect his ability to remortgage/get a loan/mobile phone/etc in the future though, perhaps he hasn't considered this.

If he needs 2-3 months I'm guessing his main issue (other than the hassle) is that if he moves he will have some moving costs and more than likely a minimum 6 months tenancy agreement.

Do you have no wiggle room in your completion date? If not the painful option of sweetening his move by contributing some costs might be the best option. Sucks though.

• If* his worry is that he will be saddled with a 6 month AST elsewhere, consider agreeing with him that you will take over the lease from the time he moves out of the temporary place... that way you have the opportunity to re-let, rather than share the cost with him up front.

[Polariz]

I think a tactful email back to the guy is in order here, as it sounds like he's not the typical scrounger that is described often on these forums (And sadly by some the guys in this thread).

- Appeal to his nature of him trying to buy. If someone did that to him during the buying process, he'd be most upset
- Remind him of his contractual obligations (1 month notice etc. or whatever it is)
- Remind him that he was forewarned
- Be nice (To start with)

Can you negotiate? 1 and a half months? I find it unlikely that your house sale will fall through due to this.