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Evicting a tenant - what do I need to do legally?

28 replies

migratingsouth · 02/02/2012 21:23

I've given my (lovely) tenant 2 months notice on the flat as we're selling it. (This isn't s surprise, she's known for ages this would happen at some point).

She says she needs a notice of eviction from me. What do I need to put in it?

I just want to make sure I'm doing this right - is there anything particular I need to put in the letter - or will the information that I'm giving 2 month's notice do?

TIA Smile

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migratingsouth · 03/02/2012 16:41

Thanks for the links oreocrumbs :)

I had a look and also finally got through to Shelter who were very helpful. They said they don't usually advise landlords but as I was trying to help my friend who's a tenant they could give me some general advice.

And it turns out that - oreo and MoreBeta you're right - the council is unlikely to consider my friend homeless until the bailiffs have been summoned (which is after the Section 21 and court proceedings).

So, as you say a long period of time, and it's simply not possible for me.

No wonder LLs are put off taking tenants on HB.

How does this help anyone?!

"Actually I wonder what the position is is the house is actually sold, you give 2 months notice and the new owner takes posession on that date?"

Interesting question, what would they do then?
Academic for us though, as I'm actually evicting her so we can renovate prior to selling. We don't plan to put it on the market until another month or so after she leaves.

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oreocrumbs · 03/02/2012 18:29

Its a pain and after my last little adventure I am one of those no longer willing to take HB.

I'm not sure what you will end up doing but just one more thought have you considered selling the place with the tenant in place?

Might not be feasable if you are planning to renovate as I presume you are doing that to get more money for the place, but if it is just to make the flat more 'saleable' rather than to increase value, you might be able to get it sold with a tenant in place.

Its something I've considered untill the troll bitch from hell destroyed my house, insurance won't pay and I've spent all of my savings and had to borrow money to put the house back together

The changes to the law are brutal now, and I just wish the people who go around LL bashing knew just how much LLs are over a barrel and usually in my experience come off worse.

Even when you are being nice and trying to help your friend/tenant you can't, the law is set up so it has to become acromonious. Not fair on either party IMO!

And they are effectively saying to otherwise good tenants that they have to become problem tenants and get evicted to get any help from the council - where does that leave the tenant when the can't get one of these fabled council houses and then need to go back to private LLs who will ring the last LL and be told it ended up in court? They will not be given a house and be properly homeless. Grr it makes my blood boil! Not helped by the fact the electrician has just finished but told me now the roof has a hole in it and I have to get more money from the money tree in the garden!! At least that damage wasn't caused by the tenant (I think) Grin

migratingsouth · 05/02/2012 03:04

It's a ridiculous situation. I'm shocked that the council's advice to tenants is to ignore eviction orders until it's been to court and the bailiffs are called.

What a monumental waste of time and money for everyone concerned, and the stress for everyone must be immense too.

What if the LL isn't happy and tries to evict the tenant forcibly? I'm sure it happens. What a horrible situation to be in.

And of course LLs end up massively out of pocket too, and - understandably - never wanting to have to deal with HB again! I certainly won't.

The renovations are mine are to increase value, and we'll lose value too I reckon if there's a sitting tenant, so it's not possible, but thanks for suggesting an alternative!

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