How to get tenant out if house

[Memoo]

Dh owns a house that is let out. The tenant has been there several years, the current agreement ended last month and we have given her notice to leave but she is basically refusing to go.

We have given her plenty of notice and time to find somewhere else but she is saying that as single mum she can't afford to move.

Obviously we need to get legal advice but does anyone know how the process of removing a tenant works? I feel like just going in a physically throwing her out although I know we can't do that.

If you just "go in and physically throw her out", you'd be committing a criminal offence, so don't even joke of doing such a thing.

What kind of tenancy was she on? Have you served the appropriate S21 notice correctly? If you haven't, you don't have a leg to stand on legally.

If she really digs her heels in, there isn't much you can do other than get a court order. Is there any reason in particular that you want her out (has she stopped paying rent/do you want to move in yourselves)? If not, it might be easier to let her stay put as this can be very long and drawn out.

There is a website called Landlord Action that promises to simplify the eviction process for you (will serve papers and talk you through the process) but I've never had to use it. They have a free advice line if you google them.

You may need to go to court.

Do be aware that if she has spoken to her council in terms of what they could do they would often advise her to stick it out until ordered out by the court, otherwise they might deem her intentionally homeless. Very unfair but apparently happens quite a bit.

Don't just throw her out - criminal offence AND a big claim for civil damages if you do. Linked to the value of your house with her there and without.

If she's an AST then its easy peasy, serve s21 (correctly) then accelerated court proceedings (without hearing normally) and then bailiff.

The whole thing (assuming you haven't already done s21) takes around 5 months but that depends on which court covers the property and what their bailiffs are like!

If there are rent arrears it may be quicker to serve a s.8 as that is only 14 days but does involve a hearing.

Oh and council will almost definately tell her to stay put until eviction by bailiffs, Happens all the time to my clients tenants. (am L&T lawyer for Landlords)

She has been served with a section 8 for breaching terms of contract. We wanted her to leave anyway because we can't afford to keep the house.

I wouldn't really break in but it's so frustrating.

She has changed the locks, the elderly neighbours on either side have complained about her having parties, some items of furniture that were in the house have been destroyed and dumped in the back street, and the back window has been smashed.

Will have a look at that website. We have been so fair to her. We told her months ago that we were going to have to sell up to give her plenty if chance to find somewhere else. We even offered to give her the bond back before she left so she had it for a new place

Memoo sounds as if you have good reason to want her out but sadly the others are right as well: if she goes without being actually evicted the council has no responsibility to house her so whilst she was clearly out of order with what she has done to the house, in terms of not moving she is actually playing it by the book. Sadly.

Really appreciate all the advice. The agent who found us the tenant has been rubbish.

Looks like it's going to have to go to court then.

I am seriously never being a LL again! We only did it because we couldn't sell the house.

eastsea train 141712carr1714

SGB, is that some kind of coded message? Are you really a secret government agent?

Sorry Memoo: it translates as 'Mummy get OFF the computer, DS wants to look at train timetables and book himself imaginary tickets'.

Ah hope he managed to book his train