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Landlord Rights

(8 Posts)
IceBergJam Fri 14-Dec-12 11:22:14

Whar can a landlord do if they have given a tennant notice but tennant made no effort to find another property?

This may disrupt the sale of my late grandparents bungalow. My parents will struggle to afford legal help.

The tennant was given double the notice time and aware of the situation for at least 8 months. It was never a permanet rental.

lalalonglegs Fri 14-Dec-12 11:37:37

How was notice given? If your parents didn't follow the procedure correctly (issuing of a S21 notice) it could count against them. They will need legal advice - they could join a site such as landlordzone to find out the basics but evicting a reluctant tenant is a bit of a drawn out procedure and they need to have all their contracts etc in order. Do they have access to free legal advice via house insurance or anything?

IceBergJam Fri 14-Dec-12 11:44:46

It was given through the letting agents so Im hoping correctly!

Oreocrumbs Fri 14-Dec-12 13:48:31

Evicting a tenant is a PIA if they won't go and will cost a lot of money.

As lala said they need to issue the S21 - and do it correctly, it has to be served on a rent day. If they still don't leave you will need legal help IMO, its a boody nightmare of a system. If they are going to hold out for a court eviction to be classed as homeless for the council then you are looking at months and lots of money to get to that point.

Do you have proper LL insurance on the property? And does that have legal cover? I'm not sure if the legal cover on your own home insurance would cover this.

Agents don't usually always know what they are doing, and once they have served the notice, you are on your own anyway so you need to do your homework.

Are they at the end of a tenancy or is this notice for not paying rent/another issue?

IceBergJam Fri 14-Dec-12 14:11:19

Not sure what insurance they have. Its the end of the tenancy. My poor parents have not been able to get rid of the bungalow for five years. It has been sold for less than its worth so that my poor stepfather can retire, and someone is looking to screw it up! He is suffering from stress from all of this.

The agent is calling the council about emergency housing. They best be doing it right because ill be going through it with them in Jan for my pre marriage negative equalty house I want shot off.

My parents dont need this at their age!

Boomboomboomboom Fri 14-Dec-12 14:40:35

They'll have to issue possession proceedings then, because if it is an assured shorthold tenancy, the council probably won't house until you have secured a possession order and a bailiffs warrant (a date for the bailiff to go in and repossess). It is a pain but that is what happens to landlords, incidental or not.

Fingers x the agents have served proper notice or you'll have to serve another on and have at least another 2 months to wait before you can issue proceedings

Oreocrumbs Fri 14-Dec-12 15:13:17

It is terribly stressfull, and it is the worst part of being a LL.

First off get them to check the cover on the rental house - if it has legal cover - great - ring them up and let them know what is happening and take it from there.

If not try their own household legal cover and see if it will cover this.

If neither is an option I would get online. Landlord action and landlord zone will have all of the information that you need.

Make a list of what the procedure is, and then double check with the agents what has been done so far.

If the s21 has been served correctly, then move onto the next step (I can't remeber off the top of my head) - but basically you are applying for posession asap. If the notice wasn't served correctly then get another one in asap.

If there has been anything served incorrectly, even a minor error, the court will send you back to step one, so it is very important to get it right.

I've only done it once and my solicitors did it all so I'm a bit sketchy about the details off the top of my head.

Oreocrumbs Fri 14-Dec-12 15:16:50

Also, just to make it that much worse, after the date of the notice of the s21 you can not accept any rent. Otherwise it is classed as them being allowed to stay. So even if they offer rent untill the posession order you can't take it.

Do double check that, but that was what happened with me.

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