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Original poster

Tenants won’t move out…how does this work?

261 replies

SisforSarah · 17/09/2021 14:56

Explain to me how this works please. Tenants moved in 2 years ago, it was a long let. The landlord served notice over 6 months ago. They can’t find anywhere else to rent or buy (they are in a particularly busy property hotspot) so are refusing to leave indefinitely, and apparently that’s legal. So the landlord can’t sell his property and benefit from the inflated prices, or move back into his house. How long can they stay there? I’m a bit dumbstruck at this? What would happen if the landlord needed the money from the house sale for something else? Would he be forced to remortgage? I am neither this tenant or landlord or a tenant or landlord of any other property.

OP posts:
thecatneuterer · 17/09/2021 15:21

We don't know what the landlord knows. The OP could be getting their information from anywhere and it doesn't sound as though they know the exact situation.

So yes it works like this:

Section 21 issued with (currently) at least four months notice.
If not gone at the end of four months apply to court.
Currently wait around a year for a court to look at it (no one needs to attend)
Court will then (assuming paperwork was properly done etc) give the tenants a further two weeks to leave.
If they still don't go the LL needs to appoint a bailiff - currently a wait of around 6 months.

Pre pandemic the process typically took 8 months or so - a year if you were unlucky. Now the process seems to be around 1.5 to 2 years!

If tenants have huge arrears it can be speeded up a bit - but not that much.

DeeCeeCherry · 17/09/2021 15:22

Serve with a Possession Order. Then if they don't leave, apply to the court for a Bailiff's Warrant.

That's the procedure and whoever the Landlord is, s/he knows that but maybe conveniently skipped over that info when it comes to letting out property.

Anything other than the legal procedure is an illegal eviction and that will put landlord in trouble with the law.

Doesn't matter if people agree with you saying they're bad for not leaving. It doesn't change fact that the law is the law.

They won't be helped by the Council until that Bailiffs Warrant is issued so they'll likely sit put until the end.

KihoBebiluPute · 17/09/2021 15:24

Landlord should either sell to the tenants or sell to another landlord with sitting tenants in place.

Interested in this thread?

Then you might like threads about this subject:

Property legal advice
thecatneuterer · 17/09/2021 15:25

Someone mentioned insurance. LL insurance (for non payment of rent/eviction) is extremely difficult to get and is only offered on the most gold-plated tenants with very high credit scores and who are earning a huge multiple of the monthly rent. Really the only tenants you could get it for are the sort of tenants you would be unlikely to need it for.

The last house I rented out none of the applicants would have been eligible for me to get insurance on them.

Dazedandconfused10 · 17/09/2021 15:29

@MrsPelligrinoPetrichor

Or people need to stick to the tenancy agreement and move out when they're mean to.

But the section 21 ending doesn't mean they have to move out. It means the landlord can go to court to gain possession. They're not doing anything wrong by staying. The notice is telling the tenant if they don't move they landlord is within their rights to go to court to retain possession. The tenant does not need to be out on that date.

mumwon · 17/09/2021 15:39

sadly the alternative that was suggested on one of those bad tenant/landlord programs is to -basically-bribe the tenants to move - ie get them to agree to move for x amount of money this needs help from solicitor to make sure you get it done in the right way
disclaimer never been in that situation
Some landlord use rent to pay for elderly parents care (probably the original owners) More Landlords are selling at the moment than buying & this is causing problems for people needing rentals - & possibly quality of homes

ItsNotMeAnymore · 17/09/2021 15:41

The landlord could try to bribe the tenants. Offer them a sum of money to move out. The tenants are being obnoxious grabby bastards but, even so, sometimes it’s better to pay them of rather than take the legal route.

MiddleParking · 17/09/2021 15:42

You’re dumbstruck to hear that investments carry risks?

MolyHolyGuacamole · 17/09/2021 15:42

So the landlord can’t sell his property and benefit from the inflated prices

Oh, what a shame that they can't benefit from overpriced houses that they and other BTL landlords have directly contributed to by creating a housing deficit and pricing first time buyers out of the market. They have my deepest sympathies.

ItsNotMeAnymore · 17/09/2021 15:42

Sorry, cross posted with the previous poster…. I started my post a while ago 😅

BrilliantBetty · 17/09/2021 15:46

Give the a notice to quit (letter telling them they are being evicted on X date) give a months notice. Assume they won't leave by that date so Landlord then starts section 21 proceedings by issuing a form 6a (or 8a). There will be a court date, often about 3 months later.

Shelter offer really good detailed advice about the section 21 process on their website. Have a look

elbea · 17/09/2021 15:56

The landlord should make sure everything is order before they serve the S. 21 I.e gas safety, deposit, electrical safety, right to rent information

SpittinKitten · 17/09/2021 15:59

@elbea

The landlord should make sure everything is order before they serve the S. 21 I.e gas safety, deposit, electrical safety, right to rent information
Yep, otherwise any notice may well be deemed invalid if it goes to court.
CyclingIsNotOuting · 17/09/2021 15:59

@purpleleotard

The infamous section 21.

They can stay until the landlord has sought permission from the court to evict with the aid of bailiffs. This can take a year or so. And be very expensive.

If the landlord needs the money, tough.

May be difficult to remortgage if there is a court action in progress.

This. Having been through this scenario with the benefit of hindsight, I’d actually knock on the door and have a sit down chat with them and maybe even offer them an amount to leave (payment on departure).

Just because it’s quicker and cheaper. In my experience as soon as you start court proceedings they’ll stop paying any rent at all.

CuriousaboutSamphire · 17/09/2021 16:00

@Shouldbedoing

In defence of the tenants, they can't present at the council as homeless until they've been evicted
In defence of everyone else that isn't the law. It's a money saving, box ticking exercise dreamt up by LAs.

They could be rehomed at any time after the s21 is issued.

Clocktopus · 17/09/2021 16:00

The tenants are being obnoxious grabby bastards

Are they? I didn't realise you know them.

nwatty · 17/09/2021 16:01

@SisforSarah

Explain to me how this works please. Tenants moved in 2 years ago, it was a long let. The landlord served notice over 6 months ago. They can’t find anywhere else to rent or buy (they are in a particularly busy property hotspot) so are refusing to leave indefinitely, and apparently that’s legal. So the landlord can’t sell his property and benefit from the inflated prices, or move back into his house. How long can they stay there? I’m a bit dumbstruck at this? What would happen if the landlord needed the money from the house sale for something else? Would he be forced to remortgage? I am neither this tenant or landlord or a tenant or landlord of any other property.
Depends what country you are in - In Scotland you would need to serve a notice to leave ( I believe it is a 6 month notice period at present) and then if they dont leave after that date you would need to apply to the Housing Property Chamber for an eviction order. Only once this is granted can the tenants be forced to leave.
futureghost · 17/09/2021 16:02

What country? In Scotland landlords can only end the tenancy agreement for a limited number of specific reasons which are stated in law.

MrsPelligrinoPetrichor · 17/09/2021 16:07

[quote Dazedandconfused10]@MrsPelligrinoPetrichor

Or people need to stick to the tenancy agreement and move out when they're mean to.

But the section 21 ending doesn't mean they have to move out. It means the landlord can go to court to gain possession. They're not doing anything wrong by staying. The notice is telling the tenant if they don't move they landlord is within their rights to go to court to retain possession. The tenant does not need to be out on that date.[/quote]
I realise it's the law but it's shit it costs you to get people out of your property when you've served notice.

Dazedandconfused10 · 17/09/2021 16:19

You've made how much in rent from them over the time? You're running a business, it's a business risk you take. (Not 'you' specifically, all landlords)

NailsNeedDoing · 17/09/2021 16:19

The landlord has to kiss goodbye to thousands trying to get them out through the courts, and the tenants get away with their theft with no consequences. Although some people have no choice but to wait to be evicted because they have no other way of being housed, (which I have sympathy with because often it’s the councils fault) they never offer to pay for the mess that they are responsible for creating. It is a truly shit situation.

SpittinKitten · 17/09/2021 16:19

What theft? Hmm

mercimacherie · 17/09/2021 16:22

In England if they have been there 2 years and don't have a fixed term tenancy it will be a Periodic tenancy which is 1 month notice to be given by tenant and 2 months by the LL (6 during Covid, not sure if it's reverted back to 2 yet).

If they won't leave the LL would need to go through the eviction process, as already explained.

Depending on the tenancy agreement the LL could perhaps increase the rent (if they're still paying) in the hope of getting them to leave.

It's ridiculous that it can take so long to evict tenants, especially tenants who have stopped paying rent or are neglecting the property.

PenguinIce · 17/09/2021 16:24

Case in Cornwall today of the bailiffs turning up to evict a tenant following the Landlord going through the eviction process. Protests have taken place to prevent the bailiffs getting the tenant out.

Feel for the landlord but there is just no where for the tenant to go so not sure what the answer is. Think there will be more of this happening unfortunately.

NailsNeedDoing · 17/09/2021 16:26

@SpittinKitten

What theft? Hmm
Morally, it’s no better than stealing when you live in a space that you are not paying for. Same when your actions force someone else into paying a huge amount in time and money for the piece of paper that you need.

It’s crap that it isn’t recognised as a crime in the same way that fraud and shoplifting is, it’s all taking something that doesn’t belong to you for your own benefit.