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Original poster

Evicting my tenant - no issues, I'm just selling

15 replies

MrsTerrysChocolateOrange · 12/12/2013 15:18

I don't know what I am doing so would appreciate any help. I'm overseas and want to sell my flat in the UK. I have found a buyer and he wants me to evict the tenants. Their tenancy was until September this year. I think I need a Section 21 to evict but don't know where to get one or what to do with it. Ironically, I am almost an expert in housing law in the country I live, just bloody useless in the UK.

If anyone has a link to the paperwork or any advice, I would really appreciate it. Also, although I know the flat will be left in a state and they are pretty crap at keeping it OK, I intend to give them back their deposit. The buyer is buying as is and I don't feel keeping the deposit is right. Any issues with this?

OP posts:
sugarplumfairy · 12/12/2013 15:29

I am just about to do the same thing in January, the only thing I know is that you have to give two months notice from the day the rent is paid. I am going to ask my letting agent to help me do it so I don't mess it up. I don't think it is evicting though, just giving them notice to leave. You will only need to evict if your tenants refuse to leave after the two months is up. Hopefully someone has a better idea than me?!

pancakesfortea · 12/12/2013 15:34

There are a couple of landlord trade bodies who should be able to help. There will be some info on their sites for free and more for members but its not expensive to join compared to legal fees.

The two main ones are the National Landlords Association and the Residential Landlords Association.

If the fixed term is expired, and you give notice correctly it should be fine unless the tenants refuse to leave, which is unusual. The other think to check is that you have properly protected any deposit you took from the tenant. If not your section 21 notice won't be valid.

Original poster
MrsTerrysChocolateOrange · 12/12/2013 15:57

The deposit is good, definitely in escrow or whatever it is.

Thanks for the advice. I will get on with it. I feel a bit bad for them, I know rents in the area are high and it's Christmas Sad

OP posts:
whereisshe · 12/12/2013 16:11

If you haven't signed another lease with them since September they'll be on month-to-month, so you will have to give 2 months notice (from the day rent is due, so if you give notice the day after you need to give almost 3 months notice). It needs to be in writing (not email). You can't evict them by the way unless they have failed to fulfil their obligations as tenants, you can only give them notice.

There are some landlord specific forums you could post on, like this one.

Original poster
MrsTerrysChocolateOrange · 12/12/2013 17:34

Thanks for your help, everyone!

OP posts:
specialsubject · 12/12/2013 21:22

just to add that you need a break clause in the tenancy or a month to month to be able to evict them. The notice is 2 months, to expire on the day they pay their rent. So it may be Christmas but they aren't leaving right now!

You should also be aware that if they don't go, you've got expensive legal fun to evict them.

and now don your flame proof knickers, because half of mumsnet regards being a landlord as a crime. Even though your tenants are trashing the place.

Original poster
MrsTerrysChocolateOrange · 12/12/2013 22:46

My job is to work with vulnerable tenants so I am frequently one of those banging on about crap LLs. Blush

OP posts:
specialsubject · 13/12/2013 10:31

this guy is not a crap LL. He needs his house back to sell so he can have the money that HE worked for.

do you bang on about crap tenants too, i.e. the ones who wreck properties?

whereisshe · 13/12/2013 12:42

I would say, having been given notice by our former (twattish, although mainly through incompetence not evil) landlords at the start of December in the past, the more notice you can give them the better - it's very hard to find rentals at this time of year. A grown up conversation with them about the fact that you want to sell so they can start looking would help no end. Our landlords didn't, and we had a holiday booked over Christmas on top of that so it was all very stressful. Obviously we did what we had to do when leaving, but them behaving like that didn't make me want to go above and beyond.

Original poster
MrsTerrysChocolateOrange · 13/12/2013 14:16

Believe me special we go on at length about crap tenants. We include a whole thing about 'landlord empathy' so the tenants get an idea of what it is like to worry about your property.

My tenants were aware of me trying to sell. So, they know it is coming. They have been trying to be very unavailable so viewings are hard to arrange because they don't want to move.

OP posts:
specialsubject · 13/12/2013 14:20

sorry, didn't realise you were also the OP. (slaps self for not paying attention).

the signs are very bad here - I really really hope you have the insurance you might be going to need.

it is usually two months notice landlord to tenants. And I have always been told by agents that December is a hard time to rent out property, but an easy time to find somewhere if you are the tenant.

why the world stops for a month to buy sparkly tat is beyond me.

Original poster
MrsTerrysChocolateOrange · 13/12/2013 15:17

No problem, special that's why I have the different colours for people's posts, otherwise I wouldn't know who was who.

The signs are bad. There are a few of them in a 1 1/2 bed paying pretty low rent in a not cheap area. Their English isn't great so I know they struggle with some of the paperwork stuff and they earn low wages. I really get why they don't want to move.

The problem is that if you are a nice LL, people want to stay and if they are not so nice, that can be an issue. TBH I probably wouldn't be selling if my fantastic ex-tenants were still there. They were so wonderful.

OP posts:
SuedeEffectPochette · 13/12/2013 22:20

It's not just a question of properly protecting the deposit. ALL the prescribed statutory information must also be provided otherwise the Section 21 Notice won't be valid. So much of the time now, I am having to advise landlords to repay the deposit in full before serving a section 21 Notice, as it is virtually impossible to make sure that you have provided all the information correctly. It doesn't matter if your tenant is happy to go anyway, but if they are not they will fight the section 21 and the deposit issue allows them more time to stay/fight. You must instruct a solicitor to serve the section 21 IMO as it is just so easy to get wrong. Getting it wrong will mean another 3 month delay in getting the tenant to leave......

TinyDiamond · 14/12/2013 00:58

does your friend want to live in it or rent it? Could they stay but have a new ll?

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