Help – Tenant not moving out and claiming extreme hardship!

Reply to the comment left by Happy housing at 12/09/2023 – 12:21
I think it really comes down to what the solicitor knew and said to the judge. And of course we don’t know that.

And I suspect the bank would only allow the property to be let out on condition that the rent was paid. We also don’t have the letter from the bank.

But if I’ve understood the situation the judge has said that Jo cannot move back in to her principle private residence because she’d be making a tenant who is in her principle private residence but not paying to be in it homeless.

“judge awarded him another 6 months to stay at the property due to some specific wording he found in our contract (our lawyer said that shouldn’t be the case!).”

What was the specific wording? What did your lawyer say shouldn’t be the case?

Since you have a hearing in two weeks time the best you can do is make sure that your lawyer knows what he is doing and has the experience to deal with any last minute manoeuvres by the tenant.

Reply to the comment left by Seething Landlord at 12/09/2023 – 13:26
That’s correct: We don’t know the details of the contract.

I agree that the best thing you can do is make sure that your lawyer knows what he is doing, also that he knows that this is your principle private residence, that it is not mortgaged as a BTL property, and that he has whatever the ‘bank’ actually agreed with respect to the mortgage.

Reply to the comment left by Gary at 12/09/2023 – 10:10
He hasn’t paid rent so is against the tenancy agreement. Also, tenancies are signed for fixed periods, sometimes with a break clause. It shouldn’t be this difficult to get back possession of your primary residence when circumstances change in this way.

Yes same point I’m making unless there something missing in the tenancy agreement?

Reply to the comment left by Happy housing at 12/09/2023 – 15:46
Indeed. We don’t have all the detail. The original post says:

“….due to some specific wording he found in our contract.”

If there is some “specific wording in a contract” that could stop you getting your principle private residence back were you to decide to let it out there are a lot of us on this site who would like to know what that was in order that we may avoid it.

Reply to the comment left by Happy housing at 12/09/2023 – 11:52
The Council wouldn’t advise “not to pay”. Their advice is not to move out until a Court Order for Repossession on such and such date or even until a Bailiff comes knocking on the door.

The irony – tenant claims extreme hardship but through his actions he passes extreme hardship to the landlord, and the judge acquiesces.

Of course we don’t know all the facts and legalities of this case, but on the face of it, it is one more shocking example of why Landlords no longer trust the government or the legal system to play fair to Landlords and favour tenants’ ‘rights’ at all costs.

Reply to the comment left by Jo Walker at 12/09/2023 – 11:39Quote “We know the Council advised him not to pay—- ”
Irresponsible and unlawful advise from the Council. Try to hunt down the individual who provided this advise and get him/her to confirm in writing. Ask you tenant to assist. Failing which, be sure to make a careful note and add this to the Particulars in your Petition or Statement of Claim.
Particulars, Petition and Statement of Claim are legal words – make sure you maximise their importance.

Reply to the comment left by Carchester at 16/09/2023 – 08:35
This cannot be really, how would they advise not to pay soesnt seem right