OpenRent Community

Evidence of sale

Does anyone know what evidence I’d need to supply my tenants with for property is sold they need to leave prior to SSTC & will go to council as homeless they’ve already had a section 21 - any comments welcome?

They are not obliged to leave just because you’re selling and the Council will tell them to stay put until the bailiffs knock. Properties can be sold with sitting tenants, but I doubt many buyers would be willing to exchange contracts on that basis.

BTW please can I ask who you are? Because you seem to comment on most things- are you an administrator David122?

You would need a court order to enforce the s21 if they refuse to leave.

A property is only sold at the point of completion by which time they would need to have moved out if you are selling it as vacant possession, so I dont see how you can provide a document before they move. As David says your sale does not force them to leave and does not change the normal eviction rules.

I am not an administrator Suzy1. Just trying to be helpful. I’m saying that if the tenants are intending to go to the Council for help that the Council will tell them that they should stay put until your court order is executed by bailiffs. On current timescales this is likely to be at least 12 months away. The Council will also advise them that if they leave before this, they will be deemed intentionally homeless and no longer eligible for statutory support.

If your tenants don’t need the Council’s support because, for example, they are going into further private rented accommodation then you can ask them to sign a surrender of the tenancy at a mutually convenient point. You should be prepared to offer them a 4 figure sum to do this.

Bribe them to go, consider offering to pay their removal expenses and maybe the deposit for their next place. Be sure to get a signed tenancy surrender document.

No point in me repeating what was said above but listen to all the comments here. Everything said is correct and all very good advice.

Best to negotiate with your tenants and offer them money to leave. Will cost you more if you have to go through the eviction process and even more if they stop paying you rent.

Okay it seems that you get what I’m saying👍Blackmail is what it is- offering 2 months rent & surrender document when I collect the keys is the same cost as solicitor & £300 court costs but does seem the easier option - cheers

Not offering them a 4 figure sum it isn’t good advice :-1:

No more comment thanks

Hi, I don’t think you can currently evict a tenant under the “covid regulations” which have now being extended yet again.
The section 21 is close to being replaced by section 8 . However, until that happens S21 is still current and under normal trading circumstances that should be all you have to issue to gain possession of your property.
Should the tenant refuse to leave then you would have to gain a “possession order” through the courts which would provide your tenants with a brief extension usually two weeks . If the occupants still remain then you will require a warrant of execution to have them forcibly removed by a Bailiff.

The S21 was issued on Aug 24 2020 before the 6 month deadline- so yes I can apply for possession order however I’m trying to play along with their game & received some rent from them, they used Covid to stop paying rent when t they discovered they could use it as an excuse but now that’s all coming to an end in Feb/mrc I’m just walking on egg shells, they want social housing & using me to get it, even asked if I’d id let my property be repossessed just so they have the evidence for homelessness, someone on here suggested I offer them a 4 figure sum to leave!!! I might as well take them to court & get them a CCJ just for the hell of it-I’m afraid that private landlords are being squeezed out of the market - once I have possession back I will only use an agency or sell up- too many tenants have agendas before they move in even with the best references etc. Thank you

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