Hi Guys, its the first time that I have tenants who stay and refuse to move out after serve notice is sent under section 21,
I texted them to move out today, They simply replied,“They will stay because cannot find new place”, Honestly, As a landlord, I am so nice to them, I give four months notice rather than two months because of her kids, Now my questions are as follow:
if the case go for “Accelerated possession orders”, How long it will take to evict them? judge’s legal decision will evict them or they can stay because of kids ?
After serve notice is End, The tenant stop to pay my rent, Can I ask for rent during the possession orders process, if the tenants pay my rent again? are there any impact on Accelerated possession orders process? i.e. Judge make a decision let tenant stay in my house?
Now I received possession order from court for my case, But there are some more issues raised, first , Eviction order will be carried out by court Bailiff in three months, second, The current tenants bring more people into my house, I have asked the agency for this, They said, They can do nothing about it because the tenants are already in the breach of agreement, So my question is, Can i speed up evicting order? and Now multiple occupiers in my house, Can I remove others who are not on the tenancy agreement from my house? BTW, can the tenants get CCJs record for their behaviours ? Thanks
No, you cant speed up the eviction unfortunately. You also cant remove any other people living there as they are lawfully authorised by the tenant.
Im not sure what behaviour you are referring to regarding the CCJ. Are they paying their rent?
How many people are now living there full time? Are they all related? Does your tenancy agreement prohibit sub-letting or taking lodgers? What are the HMO licensing rules in your area? The tenants may have created a licensable HMO or be committing statutory overcrowding. You need to try to get the facts and if necessary report it to the Council and ask for a Temporary Exemption Notice or you could be blamed and fined for this.
Hi David, Thanks for your fast reply, So far I known two family about 10 people living in my house, They are cousin, all Pakistani, of course, no subletting in my tenancy agreement, But now the situation is that they are already outlaw, So they don’t care, So they can do what they like for my house, which means no justice can reach to them immediately, even evicting , I need to wait for bailiff, so far They are paying my rent, which means they wouldn’t get CCJ, right? so they are still getting good credit report, any landlord could be the next victim, I don’t know about HMO licensing rules, I will check with my council, so at this moment, their cousin can legally living in my house, right? who will protect our landlord interest? thanks
Who knows if they are “cousins”. You could be in breach of HMO (assuming you don’t have an HMO license) so you need to write letter to council. If the council deems you to be operating a licensable HMO without a license the fine is “unlimited” (used to be max. £20,000). So you need to tell the council ASAP. In fact, this could be a strategy used by the tenant to get you into trouble, because in addition to an unlimited fine, they can also get the rent back for the previous year, so they are incentivised to use this strategy. On the other hand, if you are proactive and work with the council then the council can help you to resolve this by giving temporary accomodation to these “cousins”. You need to move fast here.
Thank you so much, like you said, If i proactive contact with the council now, can council’s side find temporary accommodation for all the tenant in my house, in other words, instead of evicting by bailiffs, they can move out early with council’s accommodation?
Don’t get too excited. The purpose of speaking to the council is to protect yourself. Don’t expect anything else. Whether or not they give temporary accommodation is up to the council, if the council feels the current situation is dangerous, and if the tenants ask for it, they might do, but don’t even mention this to the council at this stage. Just protect yourself.
you are right, I agree with u, if council side can do something, I think i wouldn’t go for serve notice & Section 21, I will contact with council ASAP with your advice, one more thing here, I give no permission to the tenant for HMO, if they did, I think it’s their fault, Why I will get fine by their behaviour which i don’t understand also you mean they can get the rent back for the previous year if they deliberate bring more people in and let council know ? thanks
also It take 8 months for this evicting process since i come back from abroad last year, also now I am paying for my accommodation as well, Can I claim for all my accommodation cost from tenant, if i can, how to do it? also just in case, if I became a homeless, can I ask council for a temporary accommodation? thanks
You are getting too excited again. The best you can hope for is to get them out using s21 and to protect yourself from further losses. You won’t be getting anything else.
You can report them to the Council for overcrowding and for potential licensing breach, although you should let the Council know that youve neen told that they are all related. As others have indicated, this is to protect yourself and not because the Council are in any way on your side.
You could also let the Home Office know all this as the extra occupants may have no right to rent in the UK.
You also need to formally notify the Occupiers that you do not have an HMO license and therefore house can not be occupied by more than 2 unrelated people or a single household, and that you require a list of occupiers and Home Office share codes for each. It’s all about self protection now. Unless you give them letters they may deny you ever told them there was a problem. Not getting share codes exposes you to more potential fines.