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Original poster

Tenants requesting a court order!

411 replies

Emily2586 · 29/10/2022 21:49

Hi everyone,

I would really be grateful for some advice. I have a property in England which I would like to move back to. I have given the notice on time and gave my tenants 3 months to find alternative accommodation. The three months have now passed and the tenants have come back to me saying they can not find any place to rent because of their low income and is saying they would like me to start a court order so they could give a letter to the council so that they could assist them.

I wasn't expecting them to do this as I had given three months notice and I had some to them if this wasn't enough time they could let me know and it could be extended slightly to give them time to find something. I was under the impression they were finding a place to rent all this time.

The tenants have been in the property for 10 years and I have no experience of about the legal proceedings in this case. I myself have kids and need to move into this property as I am currently staying with my parents until the tenants move out and I am worried that court proceedings could cost a lot.

Could someone please kindly give any advice of what I could do.

OP posts:
Razzle5 · 31/10/2022 07:18

Recommended to you, which is great. But as per previous Pp, the tenant only agreed to move out if the landlord gave them a good reference.

References are useful but nothing beats hard quantitative data evidenced by bank statements and employment contract

HiveBee · 31/10/2022 07:21

Razzle5 · 31/10/2022 07:16

But you are also a landlord?

Show quote history

This was 7 years ago.

Razzle5 · 31/10/2022 07:23

So now you’re a landlord? And what do you mean by I know a lot more than you do about how to work the system

Hoppinggreen · 31/10/2022 07:28

underneaththeash · 30/10/2022 19:00

Are you boys? the OP is living with her parents as she doesn’t have someone else to live.
oh wait…she does, she owns somewhere and wants to actually live in it.

OP you have every right to your house back, I’d be really pissed off too.

you are also entitled to claim back the court costs from your tenants, although you can’t claim it back from their deposit unless it’s specifically mentioned (but it might be). You can take them to small claims.

Show quote history

There is no deposit
While I do agree that this is (probably) OPs house and she has every right to live there she does have to follow a legal process to get the tenants out, which is going to be more difficult than it needed to be due to the fact that she hasn’t been “landlording” properly for years

Razzle5 · 31/10/2022 07:37

you are also entitled to claim back the court costs from your tenants,

if I were this “landlord” (I put In quotations because the op doesn’t appear to have done anything that could fall under the definition of a landlord, ever) I would be very keen to keep the law at arm’s length given I very much doubt the op has complied
with a single legal requirement placed upon landlords ever.

PritiPatelsMaker · 31/10/2022 07:39

To be fair Razzle she took the money Grin

BenCoopersSupportWren · 31/10/2022 07:40

OP you have every right to your house back, I’d be really pissed off too.

Of course she does…but she has to follow the due process of law in order to get it back. The OP’s family entered into, and the OP chose to continue, a contractual business transaction to let the house. Like most such contracts, there is a right way to bring it to an end and a wrong way. If the OP has neglected any part of her legal duties as a LL - which it sounds as though she has, whether through well meaning ignorance or a desire to cut financial corners - then the tenants also have their own right to ensure the ending of the contract is legally correct and puts them in the best possible position to find a home they can afford to rent afterwards.

With rights come responsibilities and unfortunately the OP appears to have neglected hers. Hopefully specialist legal advice can set her on the right road from this point on.

Wombat27A · 31/10/2022 09:08

^. Excellent post by @BenCoopersSupportWren

Trusted tenants are just that, you know they behave correctly in situations. They contact the ll with issues that need intervention but also sort out minor stuff & generally look after the house or flat.

One of my original tenants had MH issues & she wouldn't have coped with agents, so I managed her house myself but that was only possible because she organised access, etc. Suited her as she needed an element of control over who was in her home & when.

Like all relationships, good communication helps.

But it is a contractual relationship, everyone needs to know both their rights & their obligations.

Wombat27A · 31/10/2022 09:09

Anyway, we can debate the joys of btl but I think the OP is long gone...

1onway1under12and1over18 · 31/10/2022 18:31

You need to serve a section 21 eviction notice that can be found on Gov website. Make sure you have given them an in date gas safety certificate, a booklet called ‘how to rent’ guide (also available on the internet), the energy certificate for the property and evidence that you’ve held their deposit in a deposit safety scheme. Without those documents BEFORE the court order the eviction order is given to then it will be thrown out by the court. They’re correct in saying that without an eviction the council won’t help rehouse them. The private rental market is now starved of properties as many landlords have sold rental properties due to new legislation and rising taxes on income. You’ve kept their rent at a ten year low from a decade ago and now they can’t afford the new market value of the very low supply of properties available. The section 21 will give them another 2 months at the property. Even after that they can still request to the court to stay beyond the eviction date if they haven’t found somewhere they can move to. The court very much rule in favour of keeping tenants in properties to prevent homelessness. Good luck

blondiepigtails · 31/10/2022 18:35

Joining the landlordsguild.com will cost you about £100 for the year and should provide you with all the guidance you need. You can ask questions as well.

YDBear · 31/10/2022 18:59

Last time I had to evict a tenant I went through Landlord Action (landlordaction.co.uk) which was efficient and reasonably priced. Probably cost me £1,600 (it was a while ago). Better than going through an ordinary solicitor since this kind of thing is their bread and butter and they know the current situation with court times etc very well.
For what it’s worth, to any other inexperienced landlord out there, the golden rule with tenants who threaten to move when you want to raise the rent is to tell them in that case they should move. Never back down. If they balk at a reasonable rent increase, you do not want these people as tenants.

00kitty · 31/10/2022 19:36

Housing Officer here, when you say you served them notice presumably you mean you served a s.21 notice?

did the tenancy start after April 2007 if so ensure their deposit is protected in a government assured scheme before serving it and ensuring they have a copy of the information of where it is held with the reference number

you also need to ensure you have given the tenants;
an EPC
the governments how to rent guide
current gas safe certificate

failure to do any of the above will lead to a judge voiding the notice you’ve served

if you’ve done all the above and served the s21 correctly with the correct notice period you can then apply to the court for a possession order which will cost you £355, it’s all done online

its possible to go through this whole process without a solicitor IF you serve everything correctly. There is lots of info online on .gov just type in evicting tenants

anon666 · 31/10/2022 19:45

Reading the thread, it breaks my heart that the council need you to forcibly evict a family in order to help.

It's so disingenuous and a sign of what happens when you underfund local government to such an extent that they have fallen back on this sort of strong arm tactics.

What a waste of everyone's time and money. Not to mention distressing for everyone, yourself included.

There is something very, very broken in our housing system.

ThistleTits · 31/10/2022 19:49

Emily2586 · 29/10/2022 23:41

Hi, thank you for your reply. The only thing is we don’t have the money for legal costs. I’ve never increased the rent throughout their time as tenants as they been there for so long and they were on a low rent amount as it is for the area we are in as I felt sorry for them. The house needs major repairs and I have no savings as the rent money was used to pay the mortgage off. I’m not sure what to do, whether I need to get a solicitor in this regard.

This is the norm now. The housing availability is terrible and very overpriced atm.
Unfortunately you will have to begin court proceedings. Perhaps take out a loan against the house.

Original poster
Emily2586 · 31/10/2022 19:55

Hi everyone, thanks for all your advice. I’m sorry I don’t mean major repairs I mixed up the wording I meant when I hopefully move in (if I ever move in) it would needs major refurbishments. I did the kitchen and bathroom up fully for them according to the way they liked it and their preferences 3 years ago but they had damaged it such as the tiles, I have all the gas safety security, electric safety certificate and I installed a new boiler for them 2 and half years ago which I am still paying for. It was only the deposit which I had to renew. My tenant is now asking me that he would leave the court case but now he wants me to be a guarantor if I find him a property to rent. I’ve been unwell for a long time with a long term illness and was not working and still not fit for work hence why things have been like this.
please advice regarding guarantor.

OP posts:
NoSquirrels · 31/10/2022 19:58

please advice regarding guarantor.

Do not even consider it.

Evict them via the court, it won’t cost as much as you think.

NoSquirrels · 31/10/2022 19:58

00kitty · 31/10/2022 19:36

Housing Officer here, when you say you served them notice presumably you mean you served a s.21 notice?

did the tenancy start after April 2007 if so ensure their deposit is protected in a government assured scheme before serving it and ensuring they have a copy of the information of where it is held with the reference number

you also need to ensure you have given the tenants;
an EPC
the governments how to rent guide
current gas safe certificate

failure to do any of the above will lead to a judge voiding the notice you’ve served

if you’ve done all the above and served the s21 correctly with the correct notice period you can then apply to the court for a possession order which will cost you £355, it’s all done online

its possible to go through this whole process without a solicitor IF you serve everything correctly. There is lots of info online on .gov just type in evicting tenants

Follow this advice.

BeenThereDoneThat21 · 31/10/2022 19:59

Do NOT be a guarantor. You would be liable for any unpaid rent and could be taken to court to retrieve it!

PritiPatelsMaker · 31/10/2022 20:00

please advice regarding guarantor

Do you fully understand what a guarantor's responsibilities are?

Shezza71 · 31/10/2022 20:08

My sister is in the other end of the issue you are having. Has been renting for 10+ years. 3 sons, 2 with SEN. Her landlord has sold the property and as much as she has tried to find an affordable and suitable hasn't been able to. The council won't do anything for her and was told by them to stay put. The landlord will then need to get an eviction order which takes around 8 weeks, then the council will step in with emergency accommodation once evicted. This takes her literally to Christmas Eve. She is upset and frustrated but there is nothing she can do.

Lily4444 · 31/10/2022 20:18

Do you have someone who manages your property and legal affairs - ask them to sort this as you should have someone who has more knowledge on this

PritiPatelsMaker · 31/10/2022 20:18

@Shezza71 most courts won't evict over Christmas unless the Landlord uses High Court Bailiffs, which would be unusual. What stage is the process at with your DSis? Do they have a Possession Order yet?

SparklingPinot · 31/10/2022 20:21

Mumsnet is absolutely not the forum for this kind of advice as for the most part any sort of landlord is hated on here ime. Not sure if any pp have mentioned but it’s well worth the £75 a year to join the NRLA (national residential landlords association) as they will be able to advise you through this in detail (any member can give you a £15 discount code if you do want to join makes it £60). There are a number of very useful Facebook landlords groups too which you’ll get great and supportive advice from.

Talia99 · 31/10/2022 20:23

A guarantor is agreeing to pay the rent if the tenant stops paying. Some rental agreements have the guarantor being liable until the tenant is evicted with no requirement for the landlord to seek eviction (and why would they if the rent is being paid by the guarantor).

Basically, go ahead and be guarantor if you are happy to pay their full rent forever. Otherwise, DO NOT DO THIS.

You should only stand guarantor if you are happy to pay the guaranteed amount in full (I know some parents who have done it with the intention of paying the rent - it helps build credit for their child). Otherwise absolutely not - you would be exposing yourself to what could be unlimited financial liability.