Hi there .
We issued a section 21 to our tenant mid April with a move out date 26th July
A relative and their friend want to move in
He has now stated he won’t move out .
We gave him nearly 14 weeks notice
Can we start proceedings 8 weeks after the section 21 was received or do we have to stick to 26th July ?
Is this person a trespasser
If so call the police
He is no legal right to be in the property
Squatting is illegal
Why would he be a trespasser?
Your section 21 hasn’t expired yet, so you need to wait for it to do so, before you can start eviction proceedings.
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Was permission given to this person who won’t move out
There needs to be more clarification
Is it a sublet , permitted occupier etc ???
I asked if it was a trespasser but forgot to include the question mark
Hi
The local authority housing have already contacted us to say he won’t be moving out and what his rights are I.e. we have no power until the ballots are called
We gave the tenant notice on 14th April ro move by the 26th July I.e we gave him extra time
I’m presuming we have to stick to this date rather than 8 weeks from 14th April .
I may be misunderstanding, but I had read the OP question as being that their tenant wouldn’t move out (having been served S21) to allow the OP’s relative and friend to move in
So we have served notice on our tenant with a section 21 the reasons of which are justified and we served it on 14th April but gave the tenant until 26th July to move out ( over 8 weeks )
We know he won’t move out and will have to apply for an accelerate possession order but my question as before was , do we have to wait until 26th July the original date to start the next step or can we start the process now as it’s over 8 weeks since we issued section 21
Obviously, as I’ve put above, you need to wait. It would be totally unfair to give the tenant a deadline by which to move, and then be able to enforce eviction before even reaching that date.
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You have to stick to the notice dates you gave. Once the notice expires you can start the court application for possession.
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Thank you . I thought so but no harm in asking
The local authority are very good at telling a tenant what their rights are. Basically it comes down to this: whilst he’s your problem, he’s not theirs. We’re in exactly the same situation as you. Section 21 issued on 17th June (at end of tenancy) with a move out date of 17th August. Tenant being totally uncooperative and uncommunicative.
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You arent in same position as OP gave 3 months’ notice, now regrets it and wants to turf tenant out sooner!
My apologies. I should have said “similar”, in that we’ve issued a S21 and tge tenant won’t leave. That is the only similarity
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