How Can I Evict Council Tenants Through a Sublet?

by Readers Question

11:55 AM, 26th August 2016
About 2 years ago

How Can I Evict Council Tenants Through a Sublet?

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How Can I Evict Council Tenants Through a Sublet?

I am asking on behalf of my mother, who owns a three-bedroom house. The property was leased to an estate agents that offer guaranteed rent whether the property has tenants or not.eviction

My mother signed a contract for two years, so she was due to receive the property back in May 2016. As such, she arranged a sale and a buyer has been waiting on hold since to exchange.

The problem she has is that the tenants are refusing to leave. It turns out that the agents have sublet the property to Fulham council, so the family are refusing to leave until the council find them alternative accommodation. It would seem the agents and the Council are doing nothing to expedite the matter.

We have contacted a solicitor and have already spent £1000 for them to obtain information on the terms of contract, send some letters and get advice from a barrister. They have suggested that the next step would be for them to start legal proceedings to get more information and they have not even served any kind of notice yet.

My parents are both elderly and retired. They cannot afford to spend another thousand pounds, for no further progress to be made. We would really appreciate some advice on how to proceed.

Patrick



Comments

Neil Patterson

12:00 PM, 26th August 2016
About 2 years ago

Hi Patrick,

They do charge but the industry eviction experts are Landlord Action and The Sheriffs Office >> https://www.property118.com/tenant-eviction-2/

Colin McNulty

10:16 AM, 27th August 2016
About 2 years ago

What an awful position to be in! Does the contract with the estate agent not contain a clause that says the property will be returned with vacant possession? If so, your parents will have claim against the estate agent for their losses.

Either way, personally I would visit the tenants and offer a chat over a cup of tea. I would explain to them that it's not their house, and they will have to move out, that's already decided, it's just a matter of when and how.

Now you could spend money on lawyers who will go to court and get bailiffs and all that unpleasantness, or you could just give the money directly to the tenants (say £1,000), to help with their removal costs / next deposit, and cut out the middle man, either way the outcome will be the same.

Only this way, the tenants get some cash in their pocket, and they know exactly what day they're leaving (High Court Enforcement bailiffs turn up unannounced, as seen on TV). And your parents get their house back quicker.

Yes it's annoying to pay tenants £1,000 to do what they should do anyway and move out, but in the long run it's cheaper and a lot less stress than going down the court route.

Of course you only pay after they're out, the keys have been returned, they've signed a Tenancy Surrender Declaration, and the house has been inspected and found to be clean and tidy.
Colin McNulty recently posted...April Property Update – Deals are like Buses…

Chris

10:49 AM, 27th August 2016
About 2 years ago

Hi
Have you asked the Agent and Council when the tenants will move out?
If the tenants accept the cash and move out the Council will find them intentionally homeless and will not house them.

Rob Crawford

13:42 PM, 28th August 2016
About 2 years ago

The Council are unlikely to rehouse unless the family are evicted. This will require the Agents to serve notice. However, if the lease agreement with the agents has expired it is possible that you could serve the possession notice. You have solicitors involved so hopefully you are getting good advice, but are they experienced in these matters?

Chris

9:22 AM, 29th August 2016
About 2 years ago

It maybe the Council that needs to give notice, it depends on who is the actual tenants landlord.


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