Tenancy problem
Discussion
We are currently living in Australia, and let our house out in Kent on a 6 month short term agreement which finishes on 15th August.
We are moving back to the UK, and we have said we want to move back into the house, and served them 2 months notice on the 15th June via the letting agents (who are their friends).
The tenants have said they are not intending to move out as they like the house, and theres not alot we can do about it.
Help please
We are moving back to the UK, and we have said we want to move back into the house, and served them 2 months notice on the 15th June via the letting agents (who are their friends).
The tenants have said they are not intending to move out as they like the house, and theres not alot we can do about it.
Help please
Assuming you have a proper AST in place which has lapsed (usually 6 months) either party is entitled to terminate with suitable notice.
It makes no difference whether the agent is friends with the tenant or not. YOU are their client and that is where their loyalties should lie.
Call them and have a very stern about your expectations and their responsibilities towards you as a client.
It makes no difference whether the agent is friends with the tenant or not. YOU are their client and that is where their loyalties should lie.
Call them and have a very stern about your expectations and their responsibilities towards you as a client.
manty said:
We are currently living in Australia, and let our house out in Kent on a 6 month short term agreement which finishes on 15th August.
We are moving back to the UK, and we have said we want to move back into the house, and served them 2 months notice on the 15th June via the letting agents (who are their friends).
The tenants have said they are not intending to move out as they like the house, and theres not alot we can do about it.
Help please
Er, YOUR house. YOUR property. If you've served valid notice they HAVE to move. We are moving back to the UK, and we have said we want to move back into the house, and served them 2 months notice on the 15th June via the letting agents (who are their friends).
The tenants have said they are not intending to move out as they like the house, and theres not alot we can do about it.
Help please
If they won't then insutrct solicitors.
Ouch! This is something your letting agent should deal with. Obviously that's a bit more difficult in this case. The very first thing I would check would be that the letting agent actually served the notice correctly. It is very easy to serve an incorrect notice and no doubt, if they are friends, they would have had a conversation before the notice was served.
Hopefully , a lawyer on PH will provide some decent advice, if not I'd get in touch with a solicitor local to your UK house and start the legal process asap. My understanding is that it can still take months to get someone out even on an AST. I'd also have nothing more to do with your letting agent - everything you say is likely to repeated to your tenant.
Out of interest, how long have these people been tenants? and what kind of people are they - would you have expected such a reponse from them?
Hopefully , a lawyer on PH will provide some decent advice, if not I'd get in touch with a solicitor local to your UK house and start the legal process asap. My understanding is that it can still take months to get someone out even on an AST. I'd also have nothing more to do with your letting agent - everything you say is likely to repeated to your tenant.
Out of interest, how long have these people been tenants? and what kind of people are they - would you have expected such a reponse from them?
I'd be wary of the letting agent too. Have you a local solicitor? If so instruct the letting agent to copy to them the eviction notice and get the solicitor on the case.
Although there are specialist firms that specialise in residential evictions who are not solicitors. Might be worth a google.
Although there are specialist firms that specialise in residential evictions who are not solicitors. Might be worth a google.
I'm sure there is a rule to fast track a notice online, whatever you do make sure ALL the details are correct, including the date the notice is to start and finish on as if it goes to court and the judge picks up on this he could throw it back at you, giving them another 28 days at least.
Serve notice on the tenants, then start court proccedings. If you get forwith possession, and you should as the notice has expired, the judge has no option but to award mandatory possession and they will be given 14-28 days to leave. If they refuse to go you will have to arrange for the court bailiff to call, which usually takes another 14 days.
Serve notice on the tenants, then start court proccedings. If you get forwith possession, and you should as the notice has expired, the judge has no option but to award mandatory possession and they will be given 14-28 days to leave. If they refuse to go you will have to arrange for the court bailiff to call, which usually takes another 14 days.
Serve them with 2 months Notice under a section 21 Notice.
Took me nearly 6 months under the above section 21 Notice, after they failed to vacate after the 2 months were up, then served a repossession Notice, and lastly Court Bailiffs Warrant.
As others have stated use a local solicitor rather than the letting agents.
Took me nearly 6 months under the above section 21 Notice, after they failed to vacate after the 2 months were up, then served a repossession Notice, and lastly Court Bailiffs Warrant.
As others have stated use a local solicitor rather than the letting agents.
Edited by Wings on Thursday 16th July 23:30
manty said:
.. served them 2 months notice on the 15th June via the letting agents (who are their friends)
Did the letting agent definitely pass the notice on in writing - and is there proof of them receiving it? You might want to check this ASAP as the tenants could claim to have never received anything from you - and this might affect your two month deadline.I had this issue. We served the correct notice of 2 months that we needed them to vacate the propery and they said they didn't want to leave as the children liked it. They had both lost their jobs and didn't like the council houses offered.
Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Coco H said:
I had this issue. We served the correct notice of 2 months that we needed them to vacate the propery and they said they didn't want to leave as the children liked it. They had both lost their jobs and didn't like the council houses offered.
Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Scumbags!Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Soovy said:
Coco H said:
I had this issue. We served the correct notice of 2 months that we needed them to vacate the propery and they said they didn't want to leave as the children liked it. They had both lost their jobs and didn't like the council houses offered.
Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Scumbags!Check the notice was correctly served. We then had to use a solictor - stern letters were sent. Once they hadn't vacated by the correct date we started eviction proceedings which involves taking them to court. The trouble is if the people have children they do have some rights about staying there we found out and we may have been forced to let it to them !! Luckily the court found in our favour and the eviction notice thing was garnted. They left the day before we got the bailiffs out
Torch the lot of them.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff