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Legal matters

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Original poster

Tenants still in house

9 replies

shufflestep · 11/08/2015 13:48

DH and I have a rental property, which has been let for a year now. The tenants should have vacated yesterday but have not done so. Is there anything we can do short of court? We've had an awful time with them, they complain about issues but won't allow us to let workmen in to deal with the issues, and then also won't agree access with the workmen themselves. We have then been threatened with non-payment of rent for not fixing things despite not being allowed to. I've been abused by email and (it's a shared house situation) there have been rows between them that they've wanted us to intervene in, up to one of them calling the police on each other.

It's been a truly horrible experience and we are dreading the state our property will be in, all that was keeping us going was the thought of them leaving. Any advice anyone?

OP posts:

LadyMercy · 11/08/2015 15:11

Op, can we have a bit more information. What do you mean by 'should have vacated'? Do you mean the fixed term has expired? Do you mean you served a notice on them that has expired?

Original poster

shufflestep · 11/08/2015 15:59

They have been served a notice which expired yesterday.

OP posts:

LadyMercy · 11/08/2015 16:38

That's a good start. Did you take a deposit, if so, is it protected in one of the official schemes? (This is important as to whether the notice was valid)

I think there are two types of notices, one to be served within the fixed term and a different one for when the tenancy is a rolling one. Was the notice the right type?

If you did everything right, have you asked them whether they are intending on leaving/having trouble finding somewhere/waiting to be paid before they pay a deposit?

RedDaisyRed · 11/08/2015 21:14

Landlords have a right to go round there so why not pop round and see what is going on? Presumably they are very keen to get their deposit back.

SocksRock · 11/08/2015 21:16

Landlords do NOT have the right to just pop round.

RedDaisyRed · 12/08/2015 11:25

Hang on - you are muddling up rent a room and sharing a house with the owner and proper tenancies! This chap does not have exclusive possession of the flat. He shares it with his dead landlord so of course the new owner can move into her property even if she continues to rent a room to this fellow,.

titchy · 12/08/2015 11:35

Red you're confusing this with another thread!

Original poster

shufflestep · 12/08/2015 12:07

We have sent a letter via the agents asking to make a landlords inspection on Thursday. Not sure what to do if they won't let us in, they don't answer their phones or respond to emails.

The deposit is in an official scheme, and as I say they don't bother to communicate with us, so there is no chance of finding out what their issues may be.

OP posts:

NotCitrus · 12/08/2015 12:21

If you've correctly served a s21 notice, and that period has expired, then fill in the county court forms ASAP and ask how long a hearing is likely to take. Once you have the possession order, you may well need a bailiff to enforce that (ie get them out).

Ideally you'd also tell them when you will come round to resolve problems, with at least 48 hours notice, unless they suggest an alternative time, but if they're being obstructive, best to get shot of them.

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