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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:
PAFMO · 30/10/2022 07:34

Go to a solicitor and start the proceedings, and be prepared for it to take a long time.
My relative (property managed by an estate agent, deposit obviously protected, everything done by the book, tenants not once paid full month's rent since the day they moved in) took two years to get hers out, and in the end succumbed to their threats "we'll move out next week if you give us a good reference"

There are scumbag landlords and an equal and opposite amount of scumbag tenants. On MN you tend to hear only about the former together with "they are paying your mortgage" They are (if you're lucky) but they have entered into a two way contract that either can terminate as long as procedure is followed.

I rent.

Monkeytapper · 30/10/2022 07:34

Yep, if you’ve not protected the deposit in a scheme then makes it tricky to evict , the judge will throw the case out if court plus you will be fined. This is going to be costly for you and make will take months to evict.

boatahoy · 30/10/2022 07:40

I would get a solicitor. My DM used to rent out property and it was always done through a solicitor, contracts were in place with the renters so both parties aware of end dates and extensions agreed where applicable. She never had any issues.

MadeInChorley · 30/10/2022 07:45

OP, I’m confused by your last post. Who actually owns this house - ie, who is named as owner on the tile at the Land Registry? You, your parents, your sister? With the mortgage in the same name(s)? Did the mortgage company consent to the lease/tenants or is it a buy to let mortgage?

All sounds very messy. Because regardless of who is managing this property and receiving the rent, it’s the legal owner who needs to be named as taking the steps.

You need to pay for a solicitor. Take all the paperwork - copy of the lease, evidence of the deposit being held, copies of the s21 Notice you said you had served. I sense your reluctance to get proper legal advice is because you have cut corners and while happy to take the rent, you won’t pay rather than can’t pay for advice.

BattenburgDonkey · 30/10/2022 07:49

You just need to get a solicitor, as difficult as it is, it’s not the tenants fault that as a family you’ve all mismanaged the renting of this house. Not protecting the deposit is going to cause you major problems so you need proper advice not mumsnet advice. The tenants cars are irrelevant, they may struggle to rent as they have expensive cars on credit, or because they have terrible credit, it doesn’t matter really they need to follow the councils instructions and have you make them homeless through the courts. It may not be personally your fault that you are in this situation but it’s also absolutely not there’s and they have far less to loose than you.

red4321 · 30/10/2022 07:49

Freezing the rent for 10 years sounds a fair set-up to me. Being a private landlord is a business and, given the changes to regulations in recent years, is no longer a particularly great financial investment.

We looked at buying a rental flat in London recently and despite rental prices having soared, we'd barely break even before the cost of any repairs and that was also before the base rate increased. Unless you get some capital appreciation, it's really not a great earner so you can't blame landlords for wanting to move into properties instead of renting them out, or increasing the rent to cover their costs.

The regulatory changes are encouraging BTL landlords to sell up which means that rents are rising as demand exceeds supply. I think people see private landlords as scum of the earth and some may be. But my friends who are landlords bend over backwards to keep their tenants happy and spend more on maintaining their rental properties than their own houses and try to send out tradespeople within a day or two if anything breaks.

cairnsarethebest · 30/10/2022 07:51

You need to follow the process to evict them. They will have been advised to stay put in order to get rehoused by the council.

Bemyclementine · 30/10/2022 07:53

OP you could also contact Shelter. They have an excellent website. Did you issue a new tenancy agreement when you became the landlord?

Private rentals are high in cost and demand currently with so much competition for each available property. If they have approached the council, they will have been advised that they have a legal right to remain until a bailiffs warrant is issued.

ChristmasCakeAndStilton · 30/10/2022 07:55

You need to check the deposit situation. Have you got all the other paperwork (gas certs, electric checks, some other bits i cant remember) in place? You can't evict without a deposit in a secured scheme.
All that needs sorting.
But work with your tenants. It sounds like they are asking you to help - be grateful they aren't just ignoring things and planning on staying as long as possible.
You need professional assistance.

InBlue · 30/10/2022 07:56

I can’t believe they’ve lived there ten years and you gave them three months notice. Honestly so cruel.

DeliberatelyObtuse · 30/10/2022 07:59

You don't have a clue what you're doing

You can't sort this yourself in some ham fisted way with advice from randoms online

Get a solicitor

TheTeenageYears · 30/10/2022 08:00

I think you are going to need to seek legal advice on this (not sure if CAB might be able to help). I'm a LL, the only experience I have of eviction was via an agents so all I know is the Section 21 notice was issued (after being triple checked to make sure it couldn't be thrown out further down the line). The tenants didn't leave after the two months notice so court papers were filed. Court issued a date for tenants to leave, they didn't and the next step was bailiff's which was in process when they left. It took 3 months after they should have been out.

It sounds like you have a very messy set up and many rules have changed for LL's in the last few years. This could all blow up in your face if the deposit hasn't been held in an authorised deposit scheme, the limit of deposit exceeded, if there's no EICR/gas safety certificate/working smoke & carbon monoxide alarms. Honestly I don't think you can afford not to seek legal advice.

canyouextrapol · 30/10/2022 08:01

I know someone that didn't have their tenants deposit in a scheme (some complicated reason where the scheme started after the tenants were in and it was a specific type of agreement they thought didn't need it.) they gave the deposit back early so the tenants could use it to get a new place. Tenant got wind that it wasn't in the scheme. Went to a no win no fee solicitor. Landlord got sued for tens of thousands. Nearly bankrupted them

DriftwoodOnTheShore · 30/10/2022 08:04

They've been taking you for a mug to keep the rent low.

You really need a solicitor to get them out ASAP and don't give them a reference.

Shadesofscarlett · 30/10/2022 08:05

the deposit should have been given to you when you took over and you should have protected it in a scheme. If this has not been done they can claim 3x the deposit back from you. I hope you have all gas safety certs and that the mortgage is a proper BTL and not a standard mortgage too?

Glitteratitar · 30/10/2022 08:06

Who has the deposit?
And if the house needs major repairs, have your tenants been living in a poor condition property?

You need to evict them and once you have that court order, the council should help them. That’s why they need the court order, as anything before that, councils are usually unhelpful.

Getting an eviction order is actually really easy if you have served the correct notice. You just fill out the claim online and pay the necessary fees, then head to the hearing. But if you haven’t protected the deposit and have allowed your tenants to live in poor condition, then the court process may not be that straightforward. You need proper legal advice.

cyclamenqueen · 30/10/2022 08:12

You need legal advice this sounds like a complete mess. Taking more shortcuts will only make things worse.

Summerfun54321 · 30/10/2022 08:15

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

Yes that person is a solicitor.

TodayInahurry · 30/10/2022 08:16

Renting out property needs to be done in a businesslike manner. This saga sounds as if it will take a great deal of unwinding. There are now so many laws that people really need to engage a reputable agency to manage property, even if that means paying fees. I think the poster needs a lawyer who specialises in property law to resolve this situation.

Pegasushaswings · 30/10/2022 08:16

Join the Landlords association, if you are a member you get access to legal advice from solicitors who understand tenancy law. It’s fairly cheap to join and we’ll worth it.

canfor · 30/10/2022 08:18

You have a long road ahead of you in terms of understanding what will be expected of you as a landlord. A landlord focused forum is your best bet rather than mumsnet.
Did you pay for legal cover as part of your insurance for the property? If so, call those guys. If not, you need your own solicitor.

mydogisthebest · 30/10/2022 08:18

They don't have young children so very very unlikely the council will help them. What will they do then?

thebirdysong · 30/10/2022 08:21

you need a solicitor… lots of people become accidental landlords. I hope you get your house back soon but it looks as though the tenants may put up a fight.

woohoowoohoo · 30/10/2022 08:22

You'll have to reissue a section 21if the deposit isn't protected (after you've protected it). It will take a while as courts are backlogged.

Landlords without a clue drive me mad. It's a business. The house should be maintained and kept properly. It is their home. Doesn't matter what your situation is you still have to follow the proper and correct legal process.

They may have disabilities or other reasons why the council will help them so they are following the correct procedure .

PritiPatelsMaker · 30/10/2022 08:24

Landlords without a clue drive me mad. It's a business. The house should be maintained and kept properly. It is their home. Doesn't matter what your situation is you still have to follow the proper and correct legal process

You and me both. So bloody frustrating.

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