How slow is the court process for evicting tenants now?

[swashbucklin]

So I'm buying a property which has tenants that won't move. We're in an area where there are lots of properties coming to the market all the time, but they are being let fast. They know the property they are in is a good deal and others of that size would be 50% more rent. Anyhow, the 6 months of section 21 notice should end in July. Presumably they will continue to be difficult so will need to be taken to court, how long with this process take? It's private, I understand it takes longer for council and housing association evictions. I believe all the s.21 paperwork is in order so I'm just calculating whether to get a mortgage application in now (it will be valid for 6 months) or wait another few months. I don't know what the mortgage landscape will be like in a few months time, will it be worse? Is anyone else going through similar or in this industry so has a good feel for this?

It doesn't take longer for council and housing association tenants.
Why do you anticipate they are going to be unreasonable when the section 21 notice period hasn't expired yet? Why should they move now? Who are you to say they won't move when they are perfectly entitle not to?
Eviction is likely to take 6-18 months AFTER the end of the notice period, IF they need to be evidted. However there is currently no reason to see that will happen as far as I can see.

Honestly with the current backlog there is you could easily be looking at over a year. I’d start looking at another house

Are you the poster who posted about this before and was told to give up as your vendor had shafted you and the tenants?

Weirdly I'm in the same position (I haven't posted about this before) so I'm curious about the court length of process too.

My tenants seem to think they are more entitled to live and stay in my house (which was formerly my home - I rented it out for 18 months as I moved abroad to nurse my elderly father) than I am to sell it and move back to my fathers house abroad permanently while he is still living.

I need the capital in my home to settle my debts and help fund me being unable to work while I care for my dad (who has no assets himself).
I've given my tenants 6 months notice via the section 21 and I have a buyer who loves the house - so I'm not worried about losing them - but I am worried about my mounting debt, especially if I have to pay for court and legal costs

@MazekeenSmith

It doesn't take longer for council and housing association tenants. Why do you anticipate they are going to be unreasonable when the section 21 notice period hasn't expired yet? Why should they move now? Who are you to say they won't move when they are perfectly entitle not to? Eviction is likely to take 6-18 months AFTER the end of the notice period, IF they need to be evidted. However there is currently no reason to see that will happen as far as I can see.

Of course they need to be evicted, the house is being sold!!!!

@MazekeenSmith

Are you the poster who posted about this before and was told to give up as your vendor had shafted you and the tenants?

No but I'll look for that thread

Of course they need to be evicted, the house is being sold!!!!

But they haven't refused to leave, their notice period hasn't expired yet
What makes you think they won't leave in July?

@highlightsonlyplease

Weirdly I'm in the same position (I haven't posted about this before) so I'm curious about the court length of process too.

My tenants seem to think they are more entitled to live and stay in my house (which was formerly my home - I rented it out for 18 months as I moved abroad to nurse my elderly father) than I am to sell it and move back to my fathers house abroad permanently while he is still living.

I need the capital in my home to settle my debts and help fund me being unable to work while I care for my dad (who has no assets himself).
I've given my tenants 6 months notice via the section 21 and I have a buyer who loves the house - so I'm not worried about losing them - but I am worried about my mounting debt, especially if I have to pay for court and legal costs

They ARE more entitled to live there whilst they have a valid tenancy agreement

@highlightsonlyplease

Weirdly I'm in the same position (I haven't posted about this before) so I'm curious about the court length of process too.

My tenants seem to think they are more entitled to live and stay in my house (which was formerly my home - I rented it out for 18 months as I moved abroad to nurse my elderly father) than I am to sell it and move back to my fathers house abroad permanently while he is still living.

I need the capital in my home to settle my debts and help fund me being unable to work while I care for my dad (who has no assets himself).
I've given my tenants 6 months notice via the section 21 and I have a buyer who loves the house - so I'm not worried about losing them - but I am worried about my mounting debt, especially if I have to pay for court and legal costs

You have my sympathy, it's terrible when people think they don't need to adhere to a contract, like they are the only people who matter in the entire equation. The people who are renting the place I am buying are landlords themselves and have several properties.

They ARE adhering to the contract though
Again, why do you think they should leave before the end of the notice period?

@MazekeenSmith

They ARE adhering to the contract though Again, why do you think they should leave before the end of the notice period?

My whole thread is suggesting that they will not leave within the notice period!

@swashbucklin
Is there a reason you think they won't leave in July, have they said so?

Yes but WHY should they leave within the notice period?
What do you think a notice period is for?

@highlightsonlyplease

Weirdly I'm in the same position (I haven't posted about this before) so I'm curious about the court length of process too.

My tenants seem to think they are more entitled to live and stay in my house (which was formerly my home - I rented it out for 18 months as I moved abroad to nurse my elderly father) than I am to sell it and move back to my fathers house abroad permanently while he is still living.

I need the capital in my home to settle my debts and help fund me being unable to work while I care for my dad (who has no assets himself).
I've given my tenants 6 months notice via the section 21 and I have a buyer who loves the house - so I'm not worried about losing them - but I am worried about my mounting debt, especially if I have to pay for court and legal costs

To avoid issues down the line delaying things; Is their deposit protected (unless you've returned it) Have you given them a gas Safety Certificate (if there is gas) and an Energy Performance Certificate, plus a copy of the How to Rent Booklet.? If any of the above hasn't been done the Section 21 notice can be deemed invalid and you would have to start the whole process again.

[quote jackstini]@swashbucklin
Is there a reason you think they won't leave in July, have they said so?[/quote]
Because when I asked the estate agent if I could go in to measure for curtains etc, when she checked with them they said they had a full 6 months left to live there so to arrange something near the end of the 6 months.

And??
They have the full 6 months to find somewhere. You expect them to leave before that because you want them to?? And you're assuming they won't and will have to be evicted based on that?!?

I'd have to agree with some of the comments - have they stated they're not going?
Anyway, taking at face value, the eviction process even before pandemic took about 12 months at best. With a massive backlog and jostling through the courts I could easily see cases lasting 18 months+ unless the process is streamlined which it won't be as the law hates landlords and seems to want non-paying tenants that have bonfires in the front room to stay put.
(Yes I have already been through this and yes it's a fucking timely and painful process to get your asset back!)

You could always suggest an amount of cash for them surrendering the keys and terminating tenancy early in writing.

But you have no right to go in there to measure curtains? So of course they can say no. I wouldn't want a potential buyer coming into my home either.
They have a valid tenancy. The only person who can end a tenancy is a court. Serving them notice is asking them to leave, it isn't forcing them to leave. They could stay until a court evicts them if they want to. In my area is between 18-24 months after the notice period has ended for a successful eviction.

OP are you saying they should leave before July?

@Loofah01

You could always suggest an amount of cash for them surrendering the keys and terminating tenancy early in writing.

I might try this

@PurpleBiro21

OP are you saying they should leave before July?

No I'm saying does anyone know how long the court process is taking? I'm trying to figure out when to get my mortgage renewed.

But WHY are you asking about eviction when you have no reason to think they won't leave?
You definitely shouldn't proceed with the purchase until they have vacated though. That won't be before July and could end up being as late as July 2023 if they do need to be evicted!

If they don't leave on their own accord after 6 months and the owner has to go to court, there is a HUGE back log so it will take months and months to evict them. As other said, the courts hate landlords, Hope the seller has issued the 'The how to Rent Guide' at beginning of tenancy and all the other paperwork as it will be thrown out otherwise.

I would walk away, far too stressful and you will wind yourself up with it all.

You would be bonkers to offer cash to them as I'm guessing you haven't exchanged yet? As you're supposed to exchange on vacant possession.
If you offer the tenants 1k in cash for example and then the owner decided to sell the house to someone else? Either party can decide not to sell for any reason until exchange has happened. You've lost out financially with no recourse because you don't have a contract with the seller.