Tenants won't/can't leave

[Tenants]

Looking for a bit of advice please!

DH rents out a house nearby that he inherited, he uses an agency for full tenancy service and has never met the tenants himself. They have been in for nearly 4 years, on a rolling contract.

He gave notice last August that he'd like them out on 31st January so that he can sell the house. The agents did everything by the book and gave tenants the required notice period, which they agreed to.

Today the agents have told us that the tenants won't be leaving tomorrow as agreed because they can't find anywhere else.

They have been late with the rent about 4 months out of every six, and while we have been ok with that, the agents have had to declare it when asked for a reference by new agencies that the tenants want to rent from. This reference has meant that no one will rent to them.

They're an older couple and their adult child (who may have some learning difficulties but that is hearsay), and have had health problems. I feel sorry for them but they really do have to leave as DH needs to sell the house (it's a complicated situation).

The agent is efficient but not terribly proactive and obviously wants to avoid confrontation. How should we proceed?

My husband owns his own estate agency. I believe you served them with a notice? It is not unreasonable for them to stay a bit longer if they have not been able to find anywhere to rent yet. What does the contract say? Surely there is a special clause about this in the contract.

As long as they have been served with the correct notice, you need to go to court to evict them.

You might get more responses if you post your question on the Landlord Zone forum.

How about you provide the next reference, and you can say that they have been tenants for 4 years and the rent is all up to date?

*assuming of course it is actually up to date.

Councils will often advise tenants to stay put until the bailiffs arrive because they will only find housing for emergency situations. It's stupid but that's how it goes. I'm afraid the tenants may need to have the eviction notice in their hand before they will be housed. It's a crappy situation all round but any extension from you could mean they're in there for many, many more months.

You need to commence court action immediately
But it could well take a long time

surprised you don't know about this.

England: assuming the section 21 is valid and all the right documents have been served, you now need to start possession proceedings. If the documents were all ok, you will be awarded possession, you then need to instruct bailiffs. The tenants are perfectly entitled to stay until the bailiffs arrive. This will all take at least six months.

I hope you have legal expenses cover and rent guarantee insurance; they may as well stop paying rent because it will make no difference unless they want a council property.

@Collaborate actually that's not a bad idea! Thank you. I'll suggest it to DH

The reason I don't know more about the law around this is that it's not my house and I've not been involved in any of the letting arrangements. I have quite enough of my own family's issues to deal with!! My phone number is with the agents as an emergency in case DH is not available. The agent phoned me as soon as they knew about the tenant's situation as DH was on a plane at the time.

ok. It's not that urgent, you are looking at months to get these people out.

and I'm afraid you've also just demonstrated why wise landlords take a reference from the last landlord but one - the truth-stretching reference from a landlord desperate to get slow or non payers out is a well known tactic. A bank statement check will reveal the truth, no-one is going to take this lot except the council (into emergency accommodation) so it will go right to the bailiffs. The costs are on the tenant but this is never enforced.

as I said, I hope your husband has the right insurances.

First place to start would be to talk with your insurance, to check whether you have legal cover and/or rent payment cover.

There are companies that specialise in evictions, ensuring the correct notices are served on the right dates etc.

This company link DOES want to sell you their services but their website provides a useful high level overview ...I haven't needed to use their services ever but their explanation of the various processes is reasonably good.

landlordadvice.co.uk/eviction/serving-notice/

having had to do it, there are three or four companies that know what they are doing regarding legal evictions that won't be thrown out. Assuming of course that you were 100% on the documents.

currently the court fees are £355 for the possession order, £120 odd for the bailiff and £66 to transfer to the high court IF the judge allows out. This may make things slightly quicker but will cost more for the bailiff. Double and then some for the eviction company costs.

this is for sec 21 evictions, you'll never get a sec 8 agreed as this lot will be well aware of how to play that. Get a shift on before sec 21 vanishes.