Homeless Homeowner – the law supports lawlessness
In an attempt to keep this brief, I have been renting my flat to my current tenants for almost 4 years. Last year I informed them that I will be needing the property. Their tenancy agreement was renewed but only for 6 months to which they agreed was enough time to sort out accommodation. The lines of communication have always been good and open with my tenants so you can imagine my shock and horror when on the day they were supposed to vacate the property and I move back in, they refuse to go. The irony is, they actually called the police and were told to leave the property and their tenancy was up. They then produced a council doc and the police informed me that I will need to legally evict them. ![]()
Now, I’m not a property mogul, this was my home that was rented due to personal reasons. I had no idea of the procedure or how long the process will take. So here’s my dilemma; they are refusing to go, as they did not communicate with me and lead me to believe all is well, I now have no accommodation. I am 6 months pregnant and sleeping on my brothers sofa until I get advice as I’m told I can’t actually do anything.
I’m perplexed as I’m told these 2 young, able bodied individuals in full time employment do not have to pay me rent and theres nothing I can do about it. I’ve asked the council if they can help me since they are the ones advising people to stay on in other people’s properties..but as expected they don’t really care, it’s my problem.
Can anyone offer any advice? Paying rent and a mortgage while my tenants sit in my property rent free leaves a bad taste in my mouth. I’m so worried as I’m effectively homeless and see no resolution by the time my baby arrives! Just doesn’t make any sense to me…being a homeless homeowner is like being a starving baker, makes no sense at all.
All I’ve found is advice and guidance for tenants, where is the advice and help for gullible landlords like me??
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Member Since January 2011 - Comments: 12212 - Articles: 1408
8:41 AM, 18th February 2014, About 12 years ago
Reply to the comment left by “Caroline Benson” at “18/02/2014 – 01:00“:
Hi Caroline
I think I have got my head around this but I’m still prepared to be corrected.
My NEW understanding is that you can seek possession on a replacement tenancy at the end of the tenancy. In other words, if the replacement tenancy is 6 months then that’s how long you need to wait before you can seek possession under section 21, same if it’s a longer period, e.g can’t use section 21 to seek poesession for 12 months if the new AST was for 12 months. However, if the new tenancy is less than 6 months (let’s say two months) then you could issue a section 21 notice on day one of the tenancy (subject to re-serving Prescribed Information first of course) and then apply for a possession hearing the day after the tenancy ends.
Question for Ray, Romain and Industry Observer – do you concur?
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Member Since October 2013 - Comments: 6
8:50 AM, 18th February 2014, About 12 years ago
Ah, that makes sense thanks Mark.
Member Since August 2013 - Comments: 883
12:48 PM, 18th February 2014, About 12 years ago
Reply to the comment left by “Mark Alexander” at “18/02/2014 – 08:41“:
Hi Mark,
Yes, correct.
Note that a statutory periodic AST is a replacement tenancy as well. (I mention that because I suspect this is often overlooked).
Caroline, note also that there is no restriction on when you may serve the s.21 notice. You can always serve it right after the tenancy has started if you wish.
Member Since October 2013 - Comments: 6
1:23 PM, 18th February 2014, About 12 years ago
Understood Romain thank you.