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Original poster

Stamp duty refund and tricky tenant

33 replies

GreenPickle · 17/01/2025 13:48

Hello,

We are selling a flat that used to be our main residence. We purchased our current home in June 2022.

We have a tricky tenant who has been advised by his case/support worker not to move out so as not to make himself homeless (he has no source of income and has mental health issues). I believe he is trying to be placed in social housing.

However, the section 21 we served him has a deadline in March but it is looking increasingly unlikely he will not have vacated by then.

Does the house sale have to have had completed by June for us to get the refund?

Could this be an exceptional circumstance to extend the deadline?

At the moment, I'm doing everything I can to try and get him out but just looking for some info on the refund!

Thank you! :)

OP posts:

Heronwatcher · 17/01/2025 23:06

Work out how much stamp duty you’ll save then offer him a decent chunk to be out. You’ll also save court costs of evicting him.

HMRC are likely to consider you should have served notice on him much sooner and certainly with enough time to at least get started with eviction proceedings.

SheilaFentiman · 18/01/2025 13:35

None of the suggestions for offering him money help him get a council place to live, which is his goal. So why would he take them up?

Original poster

GreenPickle · 20/01/2025 09:55

Thanks all! We'll see what we can do!

We do know he owns a flat in London and rents that out so he has some sort of income - not sure if the council will still help him?

Jobwise, I'm not sure but don't think he has been working since Jan 2024 due to redundancy.

He is refusing to speak to the agents so no one really knows what is going on.

I guess whatever happens, happens!

OP posts:

Original poster

GreenPickle · 20/01/2025 09:58

LandlordDilemma · 17/01/2025 16:18

Is there a break clause anywhere in your contract

It's rolling.

We told him last June we were selling and he wanted to go on a rolling contract as he was actively looking for a property which he said he would move into once we either sold, or found somewhere.

I am a bit surprised as he seemed like a decent tenant but not really sure what's going on honestly

OP posts:

Original poster

GreenPickle · 20/01/2025 09:59

PencilsInSpace · 17/01/2025 17:08

So he's less than one month in arrears and he's paid what he could? When you say he now has no income, do you mean he's lost his job - in which case he will presumably be applying for benefits and you should see your money when it comes through? Or do you mean he has lost his benefits? He won't be able to rent anywhere else, private or social, until his income is sorted out.

Honestly OP, I think you'd be wise to just suck this up. He doesn't sound 'tricky' he sounds like he's doing his best in very tricky circumstances. He's losing his home, he's lost his income and he has MH issues. It's not his fault, and neither should it be his problem, that you are new to all this. Treat him fairly, follow the S21 procedure to the letter and hope your buyers are prepared to wait. If not, at least the property will be more attractive once it's vacant.

Thanks - he does get income AFAIK as he is a landlord himself! He is just being very unresponsive and sounds like he could be playing the system a bit considering he is already a homeowner.

OP posts:

SheilaFentiman · 20/01/2025 10:55

GreenPickle · 20/01/2025 09:59

Thanks - he does get income AFAIK as he is a landlord himself! He is just being very unresponsive and sounds like he could be playing the system a bit considering he is already a homeowner.

Show quote history

It’s possible his tenant has moved out or stopped paying, of course.

Original poster

GreenPickle · 20/01/2025 11:25

SheilaFentiman · 20/01/2025 10:55

It’s possible his tenant has moved out or stopped paying, of course.

Show quote history

Of course it's a possibility, but then he has somewhere to move to ;)

OP posts:

SheilaFentiman · 20/01/2025 11:39

GreenPickle · 20/01/2025 11:25

Of course it's a possibility, but then he has somewhere to move to ;)

Show quote history

only if it’s the former!

Anyway, I would be very surprised if he makes the council housing list if he has more than a minimal amount of equity in an owned flat and no job tying him to the current area, but that’s not your problem as much as his approach to wait for eviction.

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