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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:
Bambooshoot · 17/09/2021 17:54

@ItsNotMeAnymore

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.
Having been in this situation as a tenant, I can assure you we were not being “obnoxious grabby bastards” when we couldn’t move out by the date the landlord set. Given that I had lived there for five years, and we knew they wanted to sell, we offered to buy the place, but only came up against the agent saying no, we had to get out. We weren’t even allowed to make an offer since it was somehow a done deal. I suspect he had an arrangement with some friends and who knows if the owner was even aware of our interest. So we stayed until we had a place to move to - turned out it was cheaper to buy than rent at the time. I loved that apartment and left it spotless but there was no way they were making me and my partner and our baby homeless just because they had a (bad - given the agent) deal to buy. In the end I think we were four months over the allotted time - but we paid the rent for every day we were there and got our full deposit back at the end because we had done nothing wrong.
WetWeekends · 17/09/2021 17:57

@MzHz

Well if they did know, op wouldn’t be here asking would she?
OP could be a nosy neighbour or anything. We don’t know. They haven’t said.
LoislovesStewie · 17/09/2021 18:12

@DancesWithTortoises

LL needs to start eviction procedure ASAP. Unfortunately it isn't cheap but the only way to get the squatters out of his property.

Once eviction is granted LL doesn't need to wait but can apply to the high court which will be very quick. Again it costs but worth it, I guess, to get them out.

Once again; they aren't squatters, they are tenants and continue to be so until the landlord has obtained an order of possession from the courts and then a bailiffs warrant. that is the due legal process. Squatters are a different matter entirely and have illegally occupied a property without permission from the start.

Interested in this thread?

Then you might like threads about this subject:

Property legal advice
mercimacherie · 17/09/2021 18:13

@Marmaladeagain

"*a landlord doesn't "loan" a property. It's a perons's home and subject to the terms of the Tenancy Agreement.

Some landlords are surprised to learn that tenants have rights and they may not suit landlord's timetable.

Eviction - that would take about 12 months to work through and the tenant most likely wouldn't pay rent in that time. It's their home during that time and they continue to have rights.*"

Are you mental?! Leasing a property off someone else is no different to loaning something. The tenant is paying a fee for use of the property for an agreed time. They do not own the property, it is their home but they have no right to stay there if they are given notice.

Not paying rent for any time period whatsoever, let alone 12 months, is pretty much theft. I wouldn't expect to lease a car, stop paying but hang onto it for another year.

DominicRaabsTravelAgent · 17/09/2021 18:16

Once again; they aren't squatters, they are tenants and continue to be so until the landlord has obtained an order of possession from the courts and then a bailiffs warrant. that is the due legal process. Squatters are a different matter entirely and have illegally occupied a property without permission from the start

Exactly Lois.

mercimacherie · 17/09/2021 18:19

@ILoveAllRainbowsx

"*No-one is forced to become a landlord.

If you can't afford £3k then you shouldn't become one*."

It makes no difference if a LL had £300 or 3 million in the bank. If they have given the legally required notice period why should they have to pay a tenant money to move out?

Not all landlords are wealthy, there are all kinds of situations which might mean someone needs to rent a property out as they are unable to sell it.

MiddleParking · 17/09/2021 18:22

Not all landlords are wealthy, there are all kinds of situations which might mean someone needs to rent a property out as they are unable to sell it.

Unable to sell it for the price they want to sell it for, you mean. C’est la vie.

LoislovesStewie · 17/09/2021 18:23

@mercimacherie

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.

The landlord currently has to serve 4 months notice, (usually it's 2 months, but Covid rules apply)the tenant can end a statutory periodic tenancy by giving a months notice. The landlord then needs to obtain a possession order from the Court after the expiry of the Notice.
Marmaladeagain · 17/09/2021 18:27

mercie - no not mental - it's facts. Not discussing what's right or wrong - it's a tenancy agreement. None of what you say is remotely relevant (as far as tenancy law), I'm afraid.

It's not a lease in that sense it's a Tenancy Agreement with people and it's their home for the duration and beyond if they are unable to find somewhere else or if the local council are unable to house them.
Eviction works slowly but that's the legal recourse available to landlords.

Landlords don't have quite as risk free "investment" as they like to kid themselves. Works well in certain economical conditions, not so well if economy changes. Have to be able to take the losses as well as the gains. I have no time for anyone complaining about downsides of being a landlord, it's risky if you don't have spare cash to swallow the losses.

It is worrying that people become landlords without really understanding how tenancy law works. Ideas of "loaning something to someone" could almost be amusing, but it isn't.

LoislovesStewie · 17/09/2021 18:27

Please, can people NOT become landlords unless they have taken the time/trouble to understand the law of landlord and tenant? Apart from everything else trying to evict the tenant without due process of law may well cause the landlord to be prosecuted for various offences and the Courts take a very dim view of illegal evictions and harassment of tenants.

Marmaladeagain · 17/09/2021 18:28

economical Grin- economic

mercimacherie · 17/09/2021 18:31

@MiddleParking

Have you considered negative equity, having to move away for a fixed period, renting a property out to subsidise care home fees, moving in with a partner but not wanting to sell straight away?

There's many reasons someone might want/need to rent a property out and some LL don't even break even.

DominicRaabsTravelAgent · 17/09/2021 18:31

It is worrying that people become landlords without really understanding how tenancy law works

Frightening sometimes just how ill-informed some Landlords are.

mercimacherie · 17/09/2021 18:38

@Marmaladeagain

I'm well aware a tenancy agreement is a tenancy agreement Hmm. I mean morally tenants renting are in effect loaning someone else's property and it's wrong to not pay for something you have the use of, even if you are unhappy you are having to move out.

I have rented property out for 15 years, I have rented myself in the past. My fil rents out numerous properties, as does my dad. I fully understand tenancy law.

seaandsandcastles · 17/09/2021 18:40

See this is exactly why tenants have far too many rights. If they haven’t left within 30 days of them being told to, they should be dragged out.

LoislovesStewie · 17/09/2021 18:40

@seaandsandcastles

See this is exactly why tenants have far too many rights. If they haven’t left within 30 days of them being told to, they should be dragged out.
Oh please!!!
JustLyra · 17/09/2021 18:41

[quote mercimacherie]@purpleleotard

Whilst it was nice of you to do that imo it's disgusting that you needed to snd ended up over £3000 down.

The law has gone too far towards supporting tenants. It will get to a point where there won't be enough private lets available as it's too much hassle for landlords. I'm considering changing to holiday lets. [/quote]
It really won’t.

All that will happen is that more landlords will learn how the process actually works and will stop being so short sighted and will actually get insurance against it happening.

Too many landlords don’t bother with insurances like that and if they pocket all the profit each month then they are taking the risk.

MesMidgeMaisel · 17/09/2021 18:45

@seaandsandcastles

See this is exactly why tenants have far too many rights. If they haven’t left within 30 days of them being told to, they should be dragged out.
And where do you propose somewhere who has nowhere to go is dragged to?
SpittinKitten · 17/09/2021 18:46

@seaandsandcastles yeahhh! Maybe put them in stocks and all!

MiddleParking · 17/09/2021 18:47

[quote mercimacherie]@MiddleParking

Have you considered negative equity, having to move away for a fixed period, renting a property out to subsidise care home fees, moving in with a partner but not wanting to sell straight away?

There's many reasons someone might want/need to rent a property out and some LL don't even break even. [/quote]
All of those boil down to ‘I want two houses or a specific sum of money for my one house’. It’s a choice.

NoSquirrels · 17/09/2021 18:56

It’s part of the risk of being a landlord.

The landlord will need to follow the legal process to evict.

The tenants will be advised by everybody who is experienced in housing - the council housing department, homeless charities, Citizens Advice etc - that if they leave they will be making themselves voluntarily homeless and not be eligible for any help with housing. If they stay to be formally evicted through the legal process, they’ll get help.

The landlord only needs to serve the correct notices, spend the money on going to court and wait. If they can’t afford a delay like that they shouldn’t have been renting the property out in the first place because they didn’t understand there was risk as well as reward.

Original poster
SisforSarah · 17/09/2021 18:56

@Cherrysoup, I am sympathetic to the landlord. I have no idea why he wants them out, but yes, it’s his house. It’s a high end property, probably £4K/month to rent. So I’m sure they could find something else to rent or buy but just not of the same spec.

OP posts:
NoSquirrels · 17/09/2021 18:57

@seaandsandcastles

See this is exactly why tenants have far too many rights. If they haven’t left within 30 days of them being told to, they should be dragged out.
Curious - when was the last time your housing was insecure?
Original poster
SisforSarah · 17/09/2021 18:58

@MzHz I have no idea what the landlord knows. I just know he wants his house back and they are refusing to move.

OP posts:
thecatneuterer · 17/09/2021 19:00

All that will happen is that more landlords will learn how the process actually works and will stop being so short sighted and will actually get insurance against it happening.

To repeat my post above: 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.

The vast majority of tenancies cannot be insured.