Should I use a solicitor to evict a tenant?

[tight fart]

I have a tenant that can no longer pay the rent and understands they have to leave the property.
They had agreed to leave (verbally) at the end of March 22, and have paid the rent up to then.
The husband has left and the wife has no income, I've sent a section 21 notice.
My concern is we get to the end of March and she says sorry I can't leave as I have nowhere to go.
What steps should I be taking now?
Mrs Tenant went to the Citizens advice yesterday and I'm concerned as they may advise her to stay put.

[Simpo Two]

I think this is a process/court/bailiff thing, and that a solicitor will simply add to any losses.

You can go to Citizen's Advice too of course...

[Saleen836]

tight fart said:

I have a tenant that can no longer pay the rent and understands they have to leave the property.
They had agreed to leave (verbally) at the end of March 22, and have paid the rent up to then.
The husband has left and the wife has no income, I've sent a section 21 notice.
My concern is we get to the end of March and she says sorry I can't leave as I have nowhere to go.
What steps should I be taking now?
Mrs Tenant went to the Citizens advice yesterday and I'm concerned as they may advise her to stay put.

They have most likely read her the script from the council handbook........stay put until evicted by the bailiffs! if you leave before you are making yourself homeless so we will not help you.

[Starfighter]

Could she not claim benefits and have them paid direct to you?

[Chrisgr31]

Starfighter said:

Could she not claim benefits and have them paid direct to you?

Presumably thats what CItizen Advise would have suggested they do. What we dont know is hw large the property is and whether benefits will actually cover the rent.

[tight fart]

Thanks but it’s not the rent I’m worried about, I want the property back to sell.

[blindspot]

Not really anything for you to do until/unless she fails to leave. If that happens, you’ll need to apply for a possession order. Do it yourself online (PCOL) - but before you bother to do that, double check that all mandatory docs were properly issued and you have evidence of that.

[hidetheelephants]

tight fart said:

Thanks but it’s not the rent I’m worried about, I want the property back to sell.

You can sell with a sitting tenant, although it's fair to say it will restrict the number of potential buyers and reduce the likely price.

[SpeckledJim]

hidetheelephants said:

tight fart said:

Thanks but it’s not the rent I’m worried about, I want the property back to sell.

You can sell with a sitting tenant, although it's fair to say it will restrict the number of potential buyers and reduce the likely price.

And a sitting tenant who isn’t paying the rent is not a selling point.

[anonymous-user]

Personally I would employ a professional. These things can be minefields and if you do one thing wrong or put a wrong date in a document etc it could cost you heavily in terms of £. Putting the £ aside it will save a lot or mental anguish having someone doing things properly for you.

[sideways sid]

This is likely to get expensive one way or another.

If its likely to impact the sale of the property, consider discussing some kind of incentive for her to leave on terms that suit you both.

Perhaps offer to pay her removal costs, deposit on next place etc

edit to add: just noticed OPs user name, so I suspect this will not be a welcome suggestion!

[tight fart]

Funnily enough I spoke to the tenant yesterday and offered financial help should she find somewhere.

[captain.scarlet]

I've had to go down this route before.

You should be able to get this done for a fixed fee or a series of fixed fees depending on how far along you go. It shouldn't cost a fortune, but call around and see.

If you've the financial means and don't want to bother with the paperwork, hassle etc then just leave it to the professionals.

Hopefully you'll get any deposit back in full to assist in mitigating any losses.

[NextSlidePlease]

Offer her a lump sum to move on a certain day, money exchanged when keys returned and a tenancy surrender form signed. It's cheaper and easier than going down the legal route.

Just the court backlog alone would run into thousands in unpaid rent waiting.

[Wings]

Far to early to be offering the tenant a financial inducement to leave.

Lots of hoops for a LL to go through before a valid Section 21 Notice can be served on a tenant/s. Correct dates on the Section 21 being of the utmost importance, together with tenant/s having received copies of the current Annual Gas Safety Certificate, Energy Performance Certificate, HMG's "How to Rent" brochure, Deposit Protection Certificate, Deposit Information for Tenant's" leaflet, and if requested the tenant has seen a copy of the current Electrical Condition Report.

When I serve a Section 21, I always attach copies of all the above documents, the same avoids any possibility of arguments at any possible court repossession hearing. If by chance the deposit monies has not been protected under the original tenancy agreement, and/or later under a statutory periodic tenancy, then again to avoid any possible future arguments in court, to the validity of the Section 21 Notice, make a cash refund of the deposit monies to the tenant when serving the Section 21.

If the OP is not confident with the Section 21 he has already served on the tenant, then the OP can issue a new Section 21, with the correct dates, and/or including the above documents etc.

There is never any substitute for a LL being able to place the tenancy agreement, documents etc before a legal person, and receiving currant legal advice etc. , however in the OP's position signing up membership for £75 with The National Residential Landlords Association, will provide the OP with all the legal documents, regulations, online and telephone advice, that he will need to achieve repossession of the rental property.

https://www.nrla.org.uk

[av185]

Ring Nicholas Van Hoogstraten.

She'll leave soon enough.

[Vasco]

av185 said:

Ring Nicholas Van Hoogstraten.

She'll leave soon enough.

Ooh, I've had some dealings with him!

[tight fart]

She finally left yesterday.

[Wings]

Wings said:

Far to early to be offering the tenant a financial inducement to leave.

Lots of hoops for a LL to go through before a valid Section 21 Notice can be served on a tenant/s. Correct dates on the Section 21 being of the utmost importance, together with tenant/s having received copies of the current Annual Gas Safety Certificate, Energy Performance Certificate, HMG's "How to Rent" brochure, Deposit Protection Certificate, Deposit Information for Tenant's" leaflet, and if requested the tenant has seen a copy of the current Electrical Condition Report.

When I serve a Section 21, I always attach copies of all the above documents, the same avoids any possibility of arguments at any possible court repossession hearing. If by chance the deposit monies has not been protected under the original tenancy agreement, and/or later under a statutory periodic tenancy, then again to avoid any possible future arguments in court, to the validity of the Section 21 Notice, make a cash refund of the deposit monies to the tenant when serving the Section 21.

If the OP is not confident with the Section 21 he has already served on the tenant, then the OP can issue a new Section 21, with the correct dates, and/or including the above documents etc.

There is never any substitute for a LL being able to place the tenancy agreement, documents etc before a legal person, and receiving currant legal advice etc. , however in the OP's position signing up membership for £75 with The National Residential Landlords Association, will provide the OP with all the legal documents, regulations, online and telephone advice, that he will need to achieve repossession of the rental property.

https://www.nrla.org.uk

Following starting proceedings for repossession, my tenant of twenty (20) years filed her Defence papers, the same obviously completed by the local council's housing office. The court has this week granted me possession, with the tenant required to vacate the rental property on or before 15 November,

I do not expect the tenant to vacate on or before the above date, and with the festive season looming, I will therefore not instruct court bailiffs until the New Year.

I have given the tenant over two (2) years of Notices to end her tenancy, offering both physical and financial support to find alternative accommodation, with the local council's housing department, openly encouraging the tenant to resist eviction.

One can understand why so many private landlords are selling up, particular those under labour controlled councils.

[Simpo Two]

Wings said:

I do not expect the tenant to vacate on or before the above date, and with the festive season looming, I will therefore not instruct court bailiffs until the New Year.

You're getting soft in your old age mate

It was your good advice that helped me get rid of my non-paying tenant 10 years ago. As you infer, the house was then sold and the proceeds invested because I didn't want the financial risk and aggro again (nor the rubbish and damage to clear up and the bill for new carpets and decorating all of which had been new three years before). Caught once, not again.