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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To evict my tenants?

191 replies

iloveeverton · 11/10/2011 18:17

We rent a flat to a couple who are having a baby end of January. They have a six-month contract that ends at the same time.

The rent is always late and underpaid each month.

I want to serve notice to leave at the end of tenancy. Dh thinks it's unfair due to baby arriving at the same time. I have allowed then to pay weekly and they will be given two months notice.

Dh thinks they will have nowhere to go and I'm being heartless. Am I?

OP posts:
Andrewofgg · 11/10/2011 18:19

Does anyone remember 1066 And All That?

You are a Roundhead - Right But Repulsive.

DH is a Cavalier - Wrong But Wromantic.

ScaredBear · 11/10/2011 18:19

This reply has been deleted

Message withdrawn at poster's request.

fiorentina · 11/10/2011 18:20

I don't think you are being heartless. Cruel as it sounds, you are running a business renting your flat, not a charity.

Having said that, if you give them maximum notice perhaps by letting them know now, it won't be renewed, they have time to find somewhere else. Perhaps even let them leave early if they/you can line up another tenant, then they aren't moving when the baby is due.

WitchesBrewIsMyFriend · 11/10/2011 18:20

no, it's business but I would be careful to serve notice properly in the correct legal terms.

ScaredBear · 11/10/2011 18:21

This reply has been deleted

Message withdrawn at poster's request.

vickibee · 11/10/2011 18:22

bear is right it is not as easy as it sounds to evict someone. When the baby comes they may struggle more finacially and your rent may be sporadic. Court procedings can be long and drawn out.

Original poster
iloveeverton · 11/10/2011 18:23

Thanks everyone.

My solicitor is preparing the section 21.

I have told the tenant that we do not want to extend the lease and he got upset. Dh has offered he can leave at anytime but he doesn't want to do that.

OP posts:
mediawhore · 11/10/2011 18:24

You need to give 2 months notice of end of tenancy. They can give one month to wish to leave.

Isuse the niotice now. Heartless but necessary

LydiaWickham · 11/10/2011 18:25

Tell them now that you won't be renewing the contract when it runs out and you'd like to give them as much notice as possible to leave. given the circumstances, the kind thing to do would be to tell them that you would be prepared to let them out of their contract early if they (understandably) want to move before the baby arrives, you will just need 1 months notice.

Bloodymary · 11/10/2011 18:25

Hmm, if you were to evict them it will take quite a while for them to actually leave, (as ScaredBear says).
And when they do finally have to go, the local council will be obliged to house them. Tho it will probably be in temporary accomodation at first, they will eventually be given a council home.

It would not be the first time that someone has done this on purpose!

nailak · 11/10/2011 18:25

just to let you know, if they go to the housing the advice given will to be not to move until court order comes,

even if they dont have a contract/contract is finished

Original poster
iloveeverton · 11/10/2011 18:28

Does anyone know how long a court order might take?

We have told them they can leave at anytime if they find somewhere else.

OP posts:
ScaredBear · 11/10/2011 18:29

This reply has been deleted

Message withdrawn at poster's request.

Icelollycraving · 11/10/2011 18:29

You have a business not a charity. They haven't kept to the terms of their contract. Yanbu.

ScaredBear · 11/10/2011 18:31

This reply has been deleted

Message withdrawn at poster's request.

Original poster
iloveeverton · 11/10/2011 18:35

Thanks scared bear. At the moment we are paying the mortgage. They have not paid for nearly 6 weeks.

We can cover the mortgage just about but it's a real stretch.

Do you think it could be 6 months they are allowed to stay without paying us anything?

OP posts:
LIZS · 11/10/2011 18:35

You're not evicting them, you are simply not renewing the tenancy. Give them the required notice (usually 2 months for an AST) to quit at the end of 6 months . If they choose to go sooner then you could allow them to with no penalty as a concession (hopefully cutting your losses and helping them find something more affordable sooenr)

Original poster
iloveeverton · 11/10/2011 18:36

LIZS we have offered that but he isn't interested.

OP posts:
SocialButterfly · 11/10/2011 18:37

You don't need a court order, serve them a section 21 to expire when their contract ends. As long as you give them the full 2 months notice then it's fine. If you are a nice landlord you can tell them you will release them from the contract early if they find somewhere else so they can find somewhere before the baby is born, that way they can start looking now.

SocialButterfly · 11/10/2011 18:37

Cross posts!

FabbyChic · 11/10/2011 18:37

If they havent paid rent then go for eviction for non payment of rent, take about 8 weeks.

SocialButterfly · 11/10/2011 18:39

You should serve them a section 8 if they haven't paid their rent, it gives them 14 days to pay of you will take them to court.

Original poster
iloveeverton · 11/10/2011 18:39

Fabbychic they are nearly at the 8 weeks.

OP posts:
Emsmaman · 11/10/2011 18:43

Can I tell you a little story of mine...we had tenants in that were expecting a baby. Sadly they lost the baby (stillborn). At the time I was about 6 weeks pg so quite emotive on the subject. I was sympathetic that they were going to have trouble paying the rent for a little while (how did they think they were going to pay for a baby though?) mostly because they would have been expecting some Maternity Allowance. Fast forward two months they were well behind in rent and decided to leave with no notice, leaving no forwarding details and the house like a tip, supposedly because the wife needed to be near her family. Understandable but FFS you can still give notice like a normal person. We got the bond but that didn't cover all our losses since we'd been generous in letting them get behind and LL insurance didn't cover any of it.

So...YADNBU!

tyler80 · 11/10/2011 18:47

SocialButterfly - A section 21 is not an eviction notice, it is just a notice to quit. The OP needs to issue it but if the tenants don't leave you still need to follow further processes to evict the tenants hence the talk about court orders.