Hi All, I gave section 21 to tenants in march and notice runs out in May-as per law I gave 2 months notice. Tenants have now emailed they cannot find new property to rent so cannot move out. they are searching-in fact they never agreed to move out-from day 1 after section 21. what should i do now? what can or cannot be in my email response? i definitely 100% want them out by the notice expiry date in May . please advise. thanks
You have to follow the correct legal process to evict or face very large fines (tens of thousands)
Get advice from a eviction legal specialist
you have to apply to court for possession. Expect the process to take 6m or more.
See
Helping Landlords Transfer Up .
Iâm told you shouldnât accept any further rent if tenants give notice but donât leave (@David122 thx for correcting my original point).
Until youâve had proper advice, donât reply to them at all beyond saying you have seen their email, you must avoid any potential hint of harassment or illegal eviction (consequences indicated below)
Good luck
Key Legal Consequences for Illegal Eviction:
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Criminal Penalties: Magistratesâ Courts can impose fines up to ÂŁ5,000 and 6 months in prison, while Crown Courts can impose unlimited fines and up to 2 years in prison.
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Civil Penalties (RROs): Landlords may be ordered to repay rent through RROs, which can now cover up to 24 monthsâ rent, increased from 12.
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Council Fines: Local authorities can issue civil penalties of up to ÂŁ40,000 as an alternative to prosecution.
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Criminal Liability: Landlords can face criminal charges for harassment (e.g., cutting off utilities, violence, threats).
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In the case of a section 21 the tenancy continues until tenants leave or court grants possession, so rent should be continued to be paid and accepted.
If the tenant has given valid notice, which has been accepted but does not leave , that is the different situation when further rent shouldnât be accepted and legal advice regarding â mesne profitsâ should be sought.
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thanks David 
. I will not contact them. someone advised me not to even reply to their email in any shape or form. does that** sound ok? i am planning not to reply at all. secondly, based on another advice, form n5b is what i will do after notice period expiry in May. and do u agree that âcheckout inspection and handover of keysâ appointment request 24 hours before the notice expiry - via email-is legal safe way to know if they r leaving or not? and then next day to notice expiry i will send n5b form to court? thanks - i do not have funds to hire lawyer. this business is all loss. any thoughts? and many thanks for your detailed well meaning advice as always
Always good to keep doing inspection visits (give more than 24h notice to be reasonable) but no point in asking for keys as theyâve already told you they canât move out in time. It could be considered harassment or attempt to illegally evict.
As for nor enough ÂŁ to employ a specialist.. so do you do all your own plumbing electrics etc yourself? It will take you twice as long with all the mistakes youll.make. Very bad idea. You canât just hope to get it right by asking folk on fora like this.
Good luck
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thanks David. But i also have interest in law (not done any degree etc though) and like to do DIY like many other ll. one more thing i read is that, in case my form 5bn to court is dismissed then due to 31 july court deadline, which surely i would be beyond, due to current 6 months plus court wait, then i cannot start afresh to apply for form 5bn-due to renterâs bill. this means this is the one and only chance left to apply for eviction. am i right?
no of course not. It is still possible to evict under RRA you just have to use specific s8 grounds under the new act as there will no longer be s21. The fact you are even asking this and understand so little about the RRA should show you you need professional advice.
Best
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Itâs your one and only chance, using the section 21 that you have already issued. For that reason, personally I would want to consult an eviction specialist to make sure all of the paperwork I have already issued is fully compliant to minimise any risk of it being rejected at court.
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The deadline of 31 July is only to begin a possession claim. There is no restrictions on how long it takes to complete.
You should be aware that there are other steps after youâre granted possession by the courts if the tenant doesnt leave. You then have to apply for a warrant of possession and instruct bailiffs to evict. This will take more time as there are delays with bailiff availability in many areas. If you had plans for the property from May, then change them.
You should check your s21 notice is valid using the ânearly legal s21 flowchartâ. If its not then correct and re-serve.
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thanks-i was asking you about n5b form last chance. i know about limited ways to evict tenant under renterâs bill.
does anyone have any advice if i should fill n5b form online and upload attachments and email? or is posting or hand delivering to court safer? thanks
thanks David, yes s21 flowchart is satisfied by my work. i was suspecting them not wanting to leave so i made no plans
thanks @Karl11 i know my paperwork is correct and complete. i was wondering which route is safe though-postal or online-for submitting n5b form and its supporting documents. my only risk is the form n5b being rejected due to some error in form or supporting documents-esp if i submit online then supporting documents format rejection could be a risk i suspect.
@chawal2 if you are worried one or other may be less reliable just make sure you get receipts to prove sent/received
Or do both.
Good luck
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thanks i thought so too⌠but without paying fee twice i do not think both methods will work.
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Yes you can of course make no contact and go through a difficult and expensive legal route. You definitely need to understand that process.
Personally i would be looking at other options too. I would definitely not disappear from view, thats a huge mistake. Just speak to them face to face, see if you can help, empasize , help with references, can you store any goods, you could pay a weeks b and b. Help them on how to apply for other units. Trust me you get your solicitors bill after a full eviction process and it can make your eyes water.
Maybe Ask them to give you notice in return for a free month accommodation. You need to think from the tenants viewpoint and be prepared to lose a bit to gain possession.
Many new landlords have a golden view of the law and how that will be the panacea. That tarnishes with experience
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thanks a lot for your advice. They never agreed to leave-even after s21 served alomost 2 months ago. told us 100 problems and how 2 months will not be enough, then followed 3 phone calls. we made our position very clear that we need to proceed as per s21. still after 1 month they sent email saying cannot find anything and will leave when find something. and if we can help them find home. we have our own lives and are too busy. there is nothing we can do more to help them. they never accepted the idea of moving out. they just want to continue to stay and in email also request us to let them continue to stay
So you dont have âanyâ time to help them, yet you expect them to have time in only 2 months to find a new home, plan & move. I suspect if you had to do this, you would find it more difficult!
Grow a heart. Its fair to be firm, but you need to be understanding of the difficulties they face. It is not their fault that they are being evicted them from their home, its your fault, so try & be helpful in any way you can.
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@Karl11 i do not agree. it is not my fault in anyway-it is completely their fault and my circumstances. and it is not my obligation to find them new home. yes i am busy. and you do not know what compelled me to use this last chance to serve them notice.
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You are right, I do not know, because you havenât told us. I can only offer an opinion on the information that is provided.
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