Page 3 | Tenants requesting a court order!

Emily2586 · 2022-10-29T20:49:33+00:00

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.

woohoowoohoo · 30/10/2022 08:25

The council will expect them to wait until the day the bailiffs come and then they can present themselves at the council. It's not just when they get the court papers. Shit system for tenants .

pickleandpolish · 30/10/2022 08:26

All sounds very very dodgy after your drip drip drip feed. You need to pay for proper legal advice. Rent isn't just to pay for mortgages. It should also cover repairs, insurances, safety checks etc. Sounds like your family have been running a dodgy operation to get a tenant to pay off your mortgage so you can move back in mortgage free!

PritiPatelsMaker · 30/10/2022 08:26

The council will expect them to wait until the day the bailiffs come and then they can present themselves at the council. It's not just when they get the court papers. Shit system for tenants

Not all areas. Some will act once the Notice of Eviction has been served.

Catapultaway · 30/10/2022 08:26

"I always thoughts tenant had high paid job keeps, he has £70k car parked in the drive plus he told bought another brand new car for his wife probably 30 - 40k and states he has property abroad .He also has an older son living there who works full time. Every time I would try increase the rent he would threaten to leave and as I was managing the property myself and has other things going on I didn’t want to go through looking for another tenant and then struggling to pay the mortgage."

Changed your tune. The posts earlier said you kept the rent low as you felt sorry for them as you were do nice and caring 🤔

Not that it changes the position... Speak to a solicitor. No need to lie on here to get sympathy though

woohoowoohoo · 30/10/2022 08:27

I suspect the court backlogs will increase quickly over the next few months as it's like finding hen's teeth now trying to find somewhere new to rent. Too much competition (as in dozens going for each rental). The people succeeding are often paying 1000s up front. So more and more people will be forced to go through the full eviction process and ask the council for help. This includes people working full time with immaculate renting records.Christ knows where this is going to end up.

IncompleteSenten · 30/10/2022 08:30

The system is shit.
If they leave without being evicted then the council considers them intentionally homeless and won't help. If they can't afford private rent they have to choose between homelessness or staying while you go through the legal procedure of eviction.

Giving them notice is only the first step. People leave when they can of course and normally it doesn't get that far but legally only the court can evict them.

RudsyFarmer · 30/10/2022 08:31

Selling the property sounds the best option for you.

Meowsaidthecat · 30/10/2022 08:31

You need legal advice, to evict someone and go through court is a very long drawn out process you're talking 6-8 months possibly longer here.

Why an earth do people with zero experience decide to become landlords? What a nightmare for your tenants too!

IncessantNameChanger · 30/10/2022 08:35

I don't think you need a solicitor, as said uptrend you need to get on Landlordzone. Lots of rules have changed that's true but DPS was way before ten years ago

IncompleteSenten · 30/10/2022 08:35

Emily2586 · 30/10/2022 07:11

Hi, thank you all for your helpful advice. There is a lot of stuff I should have mentioned before in my original post as it’s not as straightforward as people are thinking. I went personally to speak to the tenants about my own personal situation which is why I need the house in the first place and had issued section 21.

I haven’t been the landlord for 10 years it was my sister who was the landlord from the start when the tenants moved in 10 years ago, but then my parents found out that she wasn’t paying the mortgage with the rent money and was only paying only interest! It came to the stage where the mortgage company wrote a letter to my sister saying they were going to repossess the house and then my parents found this out and were horrified and instead told me to be the landlord as they had fallen out . As I have children my parents decided to give me this property and I inherited this property as landlord only within the last 4 years. I never received a deposit as my sister has received it and never gave it to me. I did keep some money aside to act as a deposit and followed all procedures but as the tenants kept breaking things in the house I was paying for all the repairs.

The mortgage on the property has not been fully paid off, what I meant was I used the rent money to pay off the monthly mortgage payments on the house.

I always thoughts tenant had high paid job keeps, he has £70k car parked in the drive plus he told bought another brand new car for his wife probably 30 - 40k and states he has property abroad .He also has an older son living there who works full time. Every time I would try increase the rent he would threaten to leave and as I was managing the property myself and has other things going on I didn’t want to go through looking for another tenant and then struggling to pay the mortgage.

Please kindly advise.

Absolutely no e of that changes the fact you have to follow the law.

Are you saying though that their deposit is not protected in a scheme? Because if it's not you really will be fucked. They can claim massively against you. Is it 3 times what the deposit should have been? I'd need to Google.

Meowsaidthecat · 30/10/2022 08:36

Yes 3 times the amount of the deposit they can claim back if it's not in the secure deposit scheme.

Op I hope you have enough money for all this because you sound **ed.

BaronessEllarawrosaurus · 30/10/2022 08:38

@Emily2586 who officially owns the property. If you how was the change in ownership from your sister to you managed ordoyour parents own the property on paper and you just 'manage' it. Whose name is the mortgage in?

Mycatsgoldtooth · 30/10/2022 08:39

Get legal advice ASAP. My neighbours just strung out moving for ten months. Same as your tenants, expensive cars, properties abroad, good jobs but just don’t fancy paying private rent so made sure they were ‘made homeless’. Their poor land lady. Even on the last day when the bailiffs were looming they were taking their time moving out.

milkysmum · 30/10/2022 08:39

You absolutely need a solicitor and then start legal proceedings. The tenants will have been advised by the housing team to sit tight for now and to let this run its course through the eviction process I'm afraid. It's going to take time and money to move them on.

NukaColaQuantum · 30/10/2022 08:40

If the deposit hasn’t been protected, if there isn’t a Gas Safety Certificate, along with numerous other legally required documents, the S21 is invalid and you will have to return their deposit, get the paperwork in order and reissue the S21, effectively starting again with the eviction process.

As for the major disrepair, words fail me, and you’re lucky you haven’t had Environmental Health up your arse for that.

Your lack of complying with the laws of landlord/tenant is a you problem.

Regularsizedrudy · 30/10/2022 08:40

So they’re not allowed to be poor because they have expensive cars but up until recently you’ve had a SPARE HOUSE but are pleading poverty.. right

Theskyisfallingdown · 30/10/2022 08:47

Their cars are none of your business. You didn't mention in your dripfeed if you bothered to get any of the basic legal requirements sorted in the 4yrs you've been property owner?/handler?
How come you failed to fix the major repairs?

You need to house yourself and not depend on these people moving out of your parents/your mismanaged house.

Mummyoflittledragon · 30/10/2022 08:48

I’m a landlord. These tenants have been taking the mick out of you and you’ve allowed it. If they broke things in the property, they should have paid unless it was fair wear and tear. Things do break easier with tenants though so you would expect things like carpets to be replaced in that 10 year window. Possibly some sanitary ware items, a damaged kitchen cupboard etc to be replaced also. I’d get a solicitor on board and borrow the money if necessary. It will be expensive but at least right now your tenants are paying the rent.

If they genuinely have the income to match the cars sitting on their drive, the court order is just a delaying tactic to try to put you off evicting them. Why wouldn’t they? You’ve rolled over several times already.

It sounds as if there are a few complicated details to iron out with the solicitor.

Your sister holds the deposit rather than in a deposit scheme. Not registering a deposit with a deposit scheme as others have said could potentially make the landlord liable for paying up to 3 times the deposit back to the tenants. Idk how it works in this case as your mum as the owner at the time was responsible for doing this with your sister acting as her agent.
The rent is very low. Discuss with the solicitor about increasing to a more realistic market rate in line with the state of the property. My understanding is this can still be done under a section 13 even if the tenants are under section 21 notice. This might actually make the problem go away and the tenants suddenly decide they can move out after all.
Before getting to the above, you need to be honest with the solicitor a bout the state of repair of the property so that they can give their view of doing no 2. Did you issue the section 21 correctly? Have you complied with current legislation? Gas safety, electrical safety, smoke alarms, CO2 alarms etc.

Just to check first though the house is definitely in your name, right? For it to be officially yours, it will have been registered under your name, you’ll have solicitor papers and land registry documents. You will also have needed to take out a mortgage to cover the amount your mum still owed. This will have been complicated and you definitely would have been involved.

AnotherDelphinium · 30/10/2022 08:50

Again, I’d second pp; head to landlord zone as it’s most useful.

If you’ve got the money save for a deposit, put it straight into a scheme and send the tenants the details. There have been very rare cases of judges allowing the 3x deposit penalty mid-rental for doing so, most simply concur it was a “mistake” and has been rectified at no detriment to the tenant.

Then look into the local rental market and (correctly, do you research!) and increase the rent to the top level. You may find this encourages them to move quicker than the section 21 palaver!

Glitteratitar · 30/10/2022 08:52

@Mummyoflittledragon There is no suggestion at all that the tenants have been taking the mick. Sounds like OP has kept the rent low so she doesn’t have to maintain the property.

namechange3394 · 30/10/2022 08:58

Emily2586 · 30/10/2022 07:11

Hi, thank you all for your helpful advice. There is a lot of stuff I should have mentioned before in my original post as it’s not as straightforward as people are thinking. I went personally to speak to the tenants about my own personal situation which is why I need the house in the first place and had issued section 21.

I haven’t been the landlord for 10 years it was my sister who was the landlord from the start when the tenants moved in 10 years ago, but then my parents found out that she wasn’t paying the mortgage with the rent money and was only paying only interest! It came to the stage where the mortgage company wrote a letter to my sister saying they were going to repossess the house and then my parents found this out and were horrified and instead told me to be the landlord as they had fallen out . As I have children my parents decided to give me this property and I inherited this property as landlord only within the last 4 years. I never received a deposit as my sister has received it and never gave it to me. I did keep some money aside to act as a deposit and followed all procedures but as the tenants kept breaking things in the house I was paying for all the repairs.

The mortgage on the property has not been fully paid off, what I meant was I used the rent money to pay off the monthly mortgage payments on the house.

I always thoughts tenant had high paid job keeps, he has £70k car parked in the drive plus he told bought another brand new car for his wife probably 30 - 40k and states he has property abroad .He also has an older son living there who works full time. Every time I would try increase the rent he would threaten to leave and as I was managing the property myself and has other things going on I didn’t want to go through looking for another tenant and then struggling to pay the mortgage.

Please kindly advise.

You seem to think the deposit is to pay for repairs while they live there. It's not.

Your lack of knowledge about your obligations here is really worrying. You really need to seek legal advice.

Mummyoflittledragon · 30/10/2022 08:59

@Glitteratitar
The way I’m reading it is that she has repaired things the tenants broke. So I’m kind off assuming the repairs are upgrades rather than windows with holes in them or illegal boiler. But maybe I’m being spectacularly naive as I’m the sort of ll, who will put tenants up in a hotel if needed to change a bathroom.

Isaidnoalready · 30/10/2022 09:00

Emily2586 · 30/10/2022 07:11

Hi, thank you all for your helpful advice. There is a lot of stuff I should have mentioned before in my original post as it’s not as straightforward as people are thinking. I went personally to speak to the tenants about my own personal situation which is why I need the house in the first place and had issued section 21.

I haven’t been the landlord for 10 years it was my sister who was the landlord from the start when the tenants moved in 10 years ago, but then my parents found out that she wasn’t paying the mortgage with the rent money and was only paying only interest! It came to the stage where the mortgage company wrote a letter to my sister saying they were going to repossess the house and then my parents found this out and were horrified and instead told me to be the landlord as they had fallen out . As I have children my parents decided to give me this property and I inherited this property as landlord only within the last 4 years. I never received a deposit as my sister has received it and never gave it to me. I did keep some money aside to act as a deposit and followed all procedures but as the tenants kept breaking things in the house I was paying for all the repairs.

The mortgage on the property has not been fully paid off, what I meant was I used the rent money to pay off the monthly mortgage payments on the house.

I always thoughts tenant had high paid job keeps, he has £70k car parked in the drive plus he told bought another brand new car for his wife probably 30 - 40k and states he has property abroad .He also has an older son living there who works full time. Every time I would try increase the rent he would threaten to leave and as I was managing the property myself and has other things going on I didn’t want to go through looking for another tenant and then struggling to pay the mortgage.

Please kindly advise.

Raise the rent he will leave

fucketyfuckwit · 30/10/2022 09:04

Raise the rent legally through the proper channels.

Get all your ducks in a row. Then seek proper legal advice.

If they want to go to the council for housing they won't be able to have any rent arrears.

DriftwoodOnTheShore · 30/10/2022 09:05

Good idea to raise the rent immediately to one that compares with similar properties locally. That may chivvy them a bit.