Eviction process

Hi everybody

I’m looking for some advice please. My wife and I own one buy to let property so we’re not professional landlords. We have to sell it as soon as we can as we can’t afford to keep the property anymore after constant maintenance lists from the tenant. The letting agency have said she’s one of the worst tenants they’ve ever known due to the number of emails they receive. She was also in daily contact with the council, we always resolved any issues as quickly as we could and didn’t receive any notices.

She now won’t leave after a four-month S21 notice which was up last week. I think she’s trying to get re-housed by the council even though she’s paid £1,600 a month for 5 years. She has paid every month but it’s always been late. I’m shocked at how many rights the tenant has. I’ve tried to be a decent landlord, I accepted her without a rent guarantor and I regrettably now haven’t put the rent up in 5 years.

If somebody has experience with this situation, how does it work now? Surely she can’t just stay for free now for the 6 months plus it will take to go to court and I have to fix any maintenance issues throughout! There’s apparently a big backlog at the court due to Covid. The letting agency said they can’t legally ask/ chase for rent as this means if they do I am agreeing to her staying.

I am going to use Landlord Action to serve the eviction order. Any advice would be massively appreciated. The sleepless nights have already started, it’s going to be a very stressful and expensive period covering the mortgage payments.


Sorry Phil2 but the s21 notice is only the start of the process. It doesn’t end her tenancy. You now have to apply for a court possession order and after that if she still doesn’t go, court bailiffs to execute the warrant.

You should be aware that the Council will likely be telling her to stay put until the last possible moment or they will regard her as intentionally homeless and refuse to help. If she is a single woman, the offers she receives from the authority will likely be far worse than your property and may be some distance away.

You are probably going to need help with the next steps so I would suggest a housing solicitor or eviction firm to do it for you. I wouldnt trust a letting agent with the job. I’m afraid it’s also likely to take several months due to court backlogs.

Good luck!

Thanks for replying David, I’m going to use Landlord Action, who has been recommended, to do the step 2 - Possession Order.

Can she now stay for free over the next 6 months or whatever and I still have to do maintenance? It’s crazy!

You should warn her that if she fails to pay the rent, you will inform the Council and they can then refuse to help her on the basis that she is intentionally homeless. You can also sue her using MCOL for the arrears, but if she has a low income, its more to ensure she gets a CCJ against her.

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Not sure I agree with the agency that you are letting her stay. She’s made the decision to stay so still owes the rent and don’t see why they can’t chase for it.

Thanks both for getting back to me

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