Tenant refusing to leave

[loulou2012]

Hi, hoping for some advice about a tenant in our flat. Over the last year he’s been increasingly late with rent, is still late with rent and has been subletting a room as well. We’ve asked him to leave with section 21 and it’s coming up to 2 months now, and it seems he’s been advised by the council to stay put -is there anything that we can do /should be doing please?, any advice appreciated

You follow the legal process. If you don't know what that is, or how to look it up, you shouldn't be landlords.

However, since you asked, you will need to wait until the S21 expires and then apply to the court for a possession order.

https://www.gov.uk/evicting-tenants

See also
https://www.nrla.org.uk/resources/ending-your-tenancy

If he leaves, the council won’t house him. So if he is struggling to find another private rent and wants the council to house him then he needs to wait until he is evicted and removed from the place by the courts/bailiffs.

Only a court can evict a tenant. You have given them notice that you want the property back and now you will have to go to court to enforce it. Expect it to take quite a while and be costly and also to expect to have to get bailiffs in to finally evict. The council won't house them of they don't do this.

You will have to apply for a possession order and then a warrant of eviction if the tenant still hasn’t vacated when the possession order expires (which is likely if he is hoping to be housed by the council as leaving any sooner means he will be making himself intentionally homeless).Brace yourself for a lengthy and potentially costly process OP. Hopefully it’s just a matter of waiting for the process to conclude, and he doesn’t file a defence or contest anything.

IME The system is completely broken and not working for anyone. I hope it concludes as quickly as possible for you.

Thank you all for the feedback