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Tenant eviction, reality check?

8 replies

Grainedesesame · 11/09/2018 22:23

Hey, I'm hoping to get pieces of advice for our tenants. We have served them a S21 notice two months ago. They went radio silent for the period being but always paid the rent on time and in full. As they are now expected to leave in a few days, they told us that they wouldn't move out before the end of November. They have also required repairs for things that they have broken down in the flat.

Is it worth getting the court involved and start an eviction process?
Shall we trust them that they will just go away?

Since they are paying the rent, I like to believe that it could be far worse. Although I am worried that they wouldn't leave at the end of November or that they will eventually stop paying the rent. They have came quite accross short-tempered and very impulsive.

I've spoken to a few solicitors but yet, I still don't have a clear understanding of our rights as landlord. Where can we get resourceful advice? Thank you so much :)

OP posts:
HomeOfMyOwn · 12/09/2018 08:08

Could they be wanting a housing association house/ council house? Then the only way they'll go is if you get an eviction.

ianbealesonwheels · 12/09/2018 09:04

They won't leave in November. I think if they had genuinely found a new place that was ready in November, they would have been in contact with you much sooner to agree this

ianbealesonwheels · 12/09/2018 09:05

I don't know, but wonder if you agree to November, if you would then need another S21?

Bubblemagic11 · 12/09/2018 09:10

Hi OP

When did they request the repairs and was it in writing ? Before or after the section 21 was served. It matters because they could delay the eviction. Have a look on Landlord zone for advice.

If you don’t need the property by November and there’s no rush then you can wait and see what happens, section 21s are valid for six months from the date so you can start the court process then. As pp said the council etc will advise them to wait for the court order or bailiffs before considering them so they could be there for a helluva lot longer

Grainedesesame · 12/09/2018 09:34

Thank you all for your reply. They've asked for the repair at the end of the S21 notice. I will look at Landlord Zone. I want to be careful on how I draft my reply back to them on agreeing on them to stay until November.

OP posts:
specialsubject · 12/09/2018 09:56

you have no rights unless you enforce the eviction with court and bailiff - regardless of rent payment. It will cost.and take time, I hope you have insurance.

MollyMallyMindy · 12/09/2018 10:03

Start the court process the day after they were supposed to be out. Let them know in advance you will do this and court fees will be deducted from their deposit. Send court papers first class photocopied with proof of posting. Don't believe them saying they'll be out end November and don't waste time.
If it was a week, I might be persuadable but all my good tenants have left on time, some asking to store stuff for a day or two; only had to evict once but it started with just not going, like yours.

Janet25 · 12/09/2018 10:17

Before starting court proceedings you need to ensure the tenants were served with all the relevant legal documents and prescribed information at the start of the Tenancy or prior to serving the Section 21, you also need to ensure you allowed time for service on the Notice dependent upon how you served. This will ensure the court process is straightforward. This is my area of work and can assist if you need any help, but like others say I wouldn’t rely on what they say about November, plus you can ask the court to claim the court costs back off them anyway x

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