Rental Property - Moving Tenant Out
Discussion
Mods: If not in correct section please move.
I am an executor to an estate which includes a rental property.
IHT and Probate all sorted.
The family (beneficiaries) do not want to keep the house so are looking to sell and divvi up the proceeds.
The tenants have an AST and understand the situation. As far as I can gather they have been good
tenants and everyone is keen to help them as much as possible. This is not confrontational.
The tenant has asked for a Section 21 Notice to be issued. I think they are looking to move out of the
private sector and want to secure a Council property. The plan being that if they are about to be made
"homeless" by no fault of their own the Council will need to act.
I believe I have the paperwork in place e.g. Gas Safety Cert., EPC, Government How to Rent guide etc.
and will be handing these over to the tenant next week. I will then issue the S21 (Form 6a).
Is there anything I need to be wary of and if things go as far as having to get a court order what are the costs
involved (internet searches do not seem to give clear advice on this.)
I am an executor to an estate which includes a rental property.
IHT and Probate all sorted.
The family (beneficiaries) do not want to keep the house so are looking to sell and divvi up the proceeds.
The tenants have an AST and understand the situation. As far as I can gather they have been good
tenants and everyone is keen to help them as much as possible. This is not confrontational.
The tenant has asked for a Section 21 Notice to be issued. I think they are looking to move out of the
private sector and want to secure a Council property. The plan being that if they are about to be made
"homeless" by no fault of their own the Council will need to act.
I believe I have the paperwork in place e.g. Gas Safety Cert., EPC, Government How to Rent guide etc.
and will be handing these over to the tenant next week. I will then issue the S21 (Form 6a).
Is there anything I need to be wary of and if things go as far as having to get a court order what are the costs
involved (internet searches do not seem to give clear advice on this.)
If in England;
Yes, S21 6a is the one you need, currently you need to give minimum 6 months notice.
If they don't leave and you have to go to court you'd normally need evidence that everything was served at the tenancy outset but as Executor, you should do it all again before serving notice.
1. How to rent guide
2. EPC
3. Valid gas certificate (if applicable)
4. Deposit certificate
5. Prescribed information
6. Deposit scheme terms and conditions
Hope that helps.
Yes, S21 6a is the one you need, currently you need to give minimum 6 months notice.
If they don't leave and you have to go to court you'd normally need evidence that everything was served at the tenancy outset but as Executor, you should do it all again before serving notice.
1. How to rent guide
2. EPC
3. Valid gas certificate (if applicable)
4. Deposit certificate
5. Prescribed information
6. Deposit scheme terms and conditions
Hope that helps.
If the Tenant is looking to get housed by the Council, then it will take you around 12 months minimum to get them out.
6 months for the Section 21
Then you have to go to Court for a notice of eviction. There is a huge backlog in the system at the moment, so expect that to take a good few months.
Then you have to go to the High Court to engage Bailiffs to forcibly evict, only at that point will the Council act and put them in emergency accommodation.
Easily 12 months of faff. Or, you could try to sell the property with a sitting tenant to another BTL investor.
ETA: it will also cost a fair bit of money to take the process through to conclusion.
6 months for the Section 21
Then you have to go to Court for a notice of eviction. There is a huge backlog in the system at the moment, so expect that to take a good few months.
Then you have to go to the High Court to engage Bailiffs to forcibly evict, only at that point will the Council act and put them in emergency accommodation.
Easily 12 months of faff. Or, you could try to sell the property with a sitting tenant to another BTL investor.
ETA: it will also cost a fair bit of money to take the process through to conclusion.
Edited by Superleg48 on Monday 1st March 23:03
Thanks for the replies so far.
With the tenant moved out it will increase the number of sale opportunities and also give people a chance
to get in and smarten it up if needed. I also get the impression the tenants are looking to future proof themselves
by trying to get a Council property. (By the way it's in the Midlands so not in the NE).
Council start getting involved "on their behalf"
You mention a fair bit of money. This is the part that isn't so clear.
How much and what stages.
With the tenant moved out it will increase the number of sale opportunities and also give people a chance
to get in and smarten it up if needed. I also get the impression the tenants are looking to future proof themselves
by trying to get a Council property. (By the way it's in the Midlands so not in the NE).
Superleg48 said:
If the Tenant is looking to get housed by the Council, then it will take you around 12 months minimum to get them out.
6 months for the Section 21
Then you have to go to Court for a notice of eviction. There is a huge backlog in the system at the moment, so expect that to take a good few months.
Then you have to go to the High Court to engage Bailiffs to forcibly evict, only at that point will the Council act and put them in emergency accommodation.
Easily 12 months of faff. Or, you could try to sell the property with a sitting tenant to another BTL investor.
ETA: it will also cost a fair bit of money to take the process through to conclusion.
The tenant is not going to be opposing this as such other than for appearances, but my concern is if the 6 months for the Section 21
Then you have to go to Court for a notice of eviction. There is a huge backlog in the system at the moment, so expect that to take a good few months.
Then you have to go to the High Court to engage Bailiffs to forcibly evict, only at that point will the Council act and put them in emergency accommodation.
Easily 12 months of faff. Or, you could try to sell the property with a sitting tenant to another BTL investor.
ETA: it will also cost a fair bit of money to take the process through to conclusion.
Edited by Superleg48 on Monday 1st March 23:03
Council start getting involved "on their behalf"
You mention a fair bit of money. This is the part that isn't so clear.
How much and what stages.
It makes no difference if the Tenant opposes or not. You still have to go through all the stages. The Council will simply not rehouse the Tenant in any accommodation until such time as they are literally thrown out by Bailiffs.
The Council will also advise the Tenant to sit tight and wait it out and not deliberately make themselves homeless.
In terms of cost, probably a few thousand pounds in court costs and bailiff costs etc. It will take a long time.
Unfortunately for both you and the Tenant, there is no short cut to Council provided accommodation.
I have to ask, if the Tenant is currently renting in the private market, why don’t they just find another property and move there? Sounds to me like they are after cheaper subsidised housing, which is leeching and a little self entitled in my opinion, unless of course they have fallen on hard times and actually cannot afford to rent privately anymore.
The Council will also take a dim view of such a strategy, as most people that are forcibly evicted and moved into emergency accommodation, which is what will happen (no nice semi-detached with a garden, more likely a scabby B&B somewhere) have failed in their rent obligations in the first place and genuinely fallen on hard times.
The Council will also advise the Tenant to sit tight and wait it out and not deliberately make themselves homeless.
In terms of cost, probably a few thousand pounds in court costs and bailiff costs etc. It will take a long time.
Unfortunately for both you and the Tenant, there is no short cut to Council provided accommodation.
I have to ask, if the Tenant is currently renting in the private market, why don’t they just find another property and move there? Sounds to me like they are after cheaper subsidised housing, which is leeching and a little self entitled in my opinion, unless of course they have fallen on hard times and actually cannot afford to rent privately anymore.
The Council will also take a dim view of such a strategy, as most people that are forcibly evicted and moved into emergency accommodation, which is what will happen (no nice semi-detached with a garden, more likely a scabby B&B somewhere) have failed in their rent obligations in the first place and genuinely fallen on hard times.
Given the time & expense issues highlighted above it may well be that the most pragmatic solution is to sell to a landlord with a sitting tenent. You'd avoid the 12 month delay & the legal costs & the benficiaries will get their money faster, although maybe a few thousand less. However, as Executor you are in a tricky position as you need to ensure none of them comes back at you for not achieving the best return for the estate.
You might want to consider approaching a couple of estate agents & getting valuations for sale both with & without tenants & then see if the untenanted price, less the cost of refurbishment of course, is a worthwhile amount more than the price with tenants. Be aware of the refurbishment as well; if you're getting trades in who is going to organise them, take responsibility for the work & pay them.
You might want to consider approaching a couple of estate agents & getting valuations for sale both with & without tenants & then see if the untenanted price, less the cost of refurbishment of course, is a worthwhile amount more than the price with tenants. Be aware of the refurbishment as well; if you're getting trades in who is going to organise them, take responsibility for the work & pay them.
Mr Pointy said:
Do you have to move the tenant out? There's landlords who will buy a house with a good sitting tenant.
I've bought tenanted properties in the past and is the best option for all involved. It's easier on the seller, and the tenant, and the landlord gets a BTL ready to go with no void.Check with a few local estate agents, and they will probably have landlords on the look out for tenanted property.
over_the_hill said:
Mods: If not in correct section please move.
I believe I have the paperwork in place e.g. Gas Safety Cert., EPC, Government How to Rent guide etc.
and will be handing these over to the tenant next week. I will then issue the S21 (Form 6a).
This is the worrying bit. (above) I believe I have the paperwork in place e.g. Gas Safety Cert., EPC, Government How to Rent guide etc.
and will be handing these over to the tenant next week. I will then issue the S21 (Form 6a).
As a letting agent my recommendation to you would be employ a solicitor to check the existing paperwork is in order before you issue the notice. It may give you a chance to correct any errors or not especially if you have to get a court order and save you lots of time and money or make you aware of any holes in your case. If you dont have all the paperwork and history of this letting then you will struggle. Just issuing before the notice may not be enough if you cannot prove various parts were issued when the tenants moved in.
As an ex-solicitor my advice to you as an executor would be to employ a professional to take on this part of the responsibility of issuing the notice as if you do it wrong then you could be held responsible.
Thus with both hats on - recommend you use a solicitor. It was wasn't going to court then you might just wing it but if it is going to court which the council are likely to insist upon then all your ducks need to be in order before issuing the notice.
Edited by superlightr on Tuesday 2nd March 12:03
Edited by superlightr on Tuesday 2nd March 12:05
Superleg48 said:
It makes no difference if the Tenant opposes or not. You still have to go through all the stages. The Council will simply not rehouse the Tenant in any accommodation until such time as they are literally thrown out by Bailiffs.
The Council will also advise the Tenant to sit tight and wait it out and not deliberately make themselves homeless.
In terms of cost, probably a few thousand pounds in court costs and bailiff costs etc. It will take a long time.
Unfortunately for both you and the Tenant, there is no short cut to Council provided accommodation.
I have to ask, if the Tenant is currently renting in the private market, why don’t they just find another property and move there? Sounds to me like they are after cheaper subsidised housing, which is leeching and a little self entitled in my opinion, unless of course they have fallen on hard times and actually cannot afford to rent privately anymore.
The Council will also take a dim view of such a strategy, as most people that are forcibly evicted and moved into emergency accommodation, which is what will happen (no nice semi-detached with a garden, more likely a scabby B&B somewhere) have failed in their rent obligations in the first place and genuinely fallen on hard times.
All the above plus it could take years for them to get somewhere along with having to accept where the council offer them. ( i believe you can reject property 2/3 times then no more offers)The Council will also advise the Tenant to sit tight and wait it out and not deliberately make themselves homeless.
In terms of cost, probably a few thousand pounds in court costs and bailiff costs etc. It will take a long time.
Unfortunately for both you and the Tenant, there is no short cut to Council provided accommodation.
I have to ask, if the Tenant is currently renting in the private market, why don’t they just find another property and move there? Sounds to me like they are after cheaper subsidised housing, which is leeching and a little self entitled in my opinion, unless of course they have fallen on hard times and actually cannot afford to rent privately anymore.
The Council will also take a dim view of such a strategy, as most people that are forcibly evicted and moved into emergency accommodation, which is what will happen (no nice semi-detached with a garden, more likely a scabby B&B somewhere) have failed in their rent obligations in the first place and genuinely fallen on hard times.
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