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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to want possession of my property??

4 replies

landlord17 · 05/07/2019 19:44

Long time user but NC as could be outing.

Bit of history...

Bought my property early 2017. redecorated put in new bathrooms kitchens etc. at the time i wasn't in a position to move in to the house as my elderly parents needed full time care. so made decision to let the property on short term basis. Didn't know where to start so contacted at letting agency they found suitable tenenacts agreed rent and the short term lease of 6 months after which it could be renewed. New tenants entered property in May 2017 and their tenancy agreement lapsed in November 2017. During this time i have made several repairs to property that really should have been upto them to carry out but in hope of easier life i carried out these repairs. I should also say around the time the tenancy agreement lapsed i was in a lot of family problems so didnt think to renew and the tenants never asked to do so i guess this could be my fault and i accept responsibility for this.

Fast forward to Jan 2019 My son of 3 years has severe disabilities its is no longer viable for me to look after parents so my younger brother has offered his support and advised i move out with my wife and child. so i spoke to the letting agent served the tenants notice in Jan 2019 giving 2 months notice. By April there was no movement on part of the tenants so i spoke to the tenants explained situation the tenant explained he had been unsuccessful in finding anywhere suitable however he would move anywhere he could find as he understood my needs. In the weeks that followed i went out of my way finding properties close to where he is currently living including one property a mere 3 doors from my property where he is currently residing. he turned down each property at which point the lettings agent agreed we should apply to court. We served the required documents and courts issued the first stage of process giving tenant 14 days to appeal again no action from tenant. after the 14 day period lapsed the letting agents applied for the second stage of process and just yesterday we received a letter from court asking me to attend on Tuesday next week as the judge is not satisfied i am in positon to be obtaining possession order. i just don't know what to expect anymore.

Just to add the house is in a bad state of repair so even after he goes i will need a goof couple of months to redecorate house and garden before it in a position for me to move my sick child in.

Just after some advice really from anyone in similar situation? i feel i have given them more than enough time to find a new place i have even supported their search of new place but i just really need my property back?

OP posts:
Purpletigers · 05/07/2019 19:53

Your tenants will be using this to their advantage to get a council house. They know what they’re doing . You may be able to apply to the high court to get a speedier eviction
www.hceoa.org.uk/faqs/do-you-need-the-services-of-a-high-court-enforcement-officer

landlord17 · 05/07/2019 19:56

@purpletigers thank you for that will look into it. Just frustrated that amongst everything else going on i now need to make time to appear in court to prove that i have infact right to apply for possession of my property. Not sure why judge would think otherwise?

OP posts:
Flabbergastedness · 05/07/2019 20:22

Google the National Landlord Association - they have so much knowledge and advice I can highly recommend them.

Snowy81 · 05/07/2019 21:10

They will be told that if they leave they will be making themselves homeless, if they wait until the bailiffs come after court they won’t, and will be unintentionally homeless. Don’t blame them. It’s the system.

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