How long will it now take to evict tenants?

by Readers Question

10:17 AM, 21st August 2020
About 3 months ago

How long will it now take to evict tenants?

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How long will it now take to evict tenants?

Hi, I have given my tenant 3 months notice Section 21. This ended Aug 9th so technically they should be out, but they are now milking the system. They have asked for more time.

I told them I have to move in so need them out!

How long will it roughly take down the legal road as they have made it clear they have nowhere to go and can’t afford to move out?

The rent due is £1500pcm, and they have been paying £700 since COVID-19. I need them out. Anyone know roughly the latest timelines as I believe they will take it to the wire!

Many thanks

Harj


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Comments

Anthony Endsor

17:10 PM, 21st August 2020
About 3 months ago

I am sorry to say, I have some very bad news for you. As you're probably aware, there has been an evictions ban due to covid 19 since March this year, meaning any section 21 notice would not be honoured by the courts. This was due to end this coming Monday 24th August, but has now been extended for another month. In addition to this, landlords must now give 6 months notice as opposed to 3. This means, in practice you're unlikely to be able to get your tenants out before March next year at the earliest.
I really feel for you, as this is an appalling situation, which will hurt many landlords such as yourself, but sadly it appears there is little if anything we can do.

Art Dobson

18:51 PM, 21st August 2020
About 3 months ago

Tough situation, although as I always say, bite the bullet, give them an incentive to leave, a few thousand now will save you a lot of hassle and awkward legal costs

TinaShoebb

2:23 AM, 22nd August 2020
About 3 months ago

HI
It is unclear what the details of th enew proposals are. It might be that if you have already served your section 21 then you can still take them to course based on it. It might be only new section 21s which need 6 months notice.

+ I thought you could use an article 8 notice to evict them if you want to move in yourself? Theres still a 3 month notice period but its better than 6 months...

Good luck

Anthony Endsor

10:45 AM, 22nd August 2020
About 3 months ago

Reply to the comment left by TinaShoebb at 22/08/2020 - 02:23
No, for section 8 you have to have a reason for it, i.e. anti social behaviour, not merely because you want the house back. Then it's 2 weeks notice, but you have to prove a valid reason.

Monty Bodkin

12:32 PM, 22nd August 2020
About 3 months ago

Reply to the comment left by Anthony Endsor at 22/08/2020 - 10:45
"No, for section 8 you have to have a reason for it, i.e. anti social behaviour, not merely because you want the house back."

Wanting your house back to move in yourself is a section 8 reason.
It is ground 1 and is either mandatory or discretionary, depending on if you have served prior notice.

WP

12:37 PM, 22nd August 2020
About 3 months ago

if benefits tenants - basically you are screwed. Even offering an incentive to move they wont take as that leaves them 'voluntarily homeless' so back of the list and offered nothing.

My delightful tenants now asking UC for direct payments to themselves DESPITE having a UC47 direct payment in place AND tenant stating they wanted this at the start of their tenancy. That means rent now paid direct to tenant and they are NOT paying me. DWP shrugs shoulders and stated can;t do anything as they paid tenant direct so tenant has to pay me. Tenant laughing as I can;t get rid of them now for another 6 months so they cream the rent money and blow it. I get left with nothing. Mad IS NOT THE WORD!!!!

The DWP have stated time and time again to me that they have to review the direct payments being made and if there is no change in circumstances then once tenant asks for direct payment they will do so. No check with LL and after not even notification - I only find out when rent due is not paid.

Old Mrs Landlord

14:44 PM, 22nd August 2020
About 3 months ago

Reply to the comment left by WP at 22/08/2020 - 12:37If your business survives this I'm sure you won't let the experience influence you to discriminate against UC tenants in future. Just take it on the chin or look forward to Shelter hounding you through the courts and making a public example of you. The government have given tenants like these carte blanche to exploit their deplorable UC system.

treeman

18:23 PM, 30th September 2020
About 2 months ago

Reply to Old Mrs Landlord
"I'm sure you won't let the experience influence you to discriminate against UC tenants in future. Just take it on the chin" or look forward to Shelter hounding you
I sorry but you have to let past experiences, help you make your decisions, otherwise your just going to go round and round!
for you to say otherwise is foolhardy and soon you will be needing to rent from a landlord as your home will be taken away.
Ive rented to UC claimants as well and still do BUT I have lost rent due to the two-month rule were they just got the money (rent) and spent it after all its there money not yours.
So Yes take on UC but know with full bond and rent paid upfront. as per a normal tenant, That's fair is it not.
But after two months of rent arrears, it is LAW as far as I know that UC MUST paid the rent directly to the landlord and even pay the arrears back 4 weekly to the landlord. at a small rate and this will stop once the tenant leaves.
UC is as said my meany befor UC is not fit to run drinking partly in a brewery I had a been dealing with the local council for a long time and still am for certain tenants and they were always fair listened to you and responded to emails letters and the like, I can not say that about UC they make a awkward as possible do not respond to letters and emails and if you give them too little info they ignore it if you give them too much info they class it as a data risk and bin it You cant win

Old Mrs Landlord

6:48 AM, 1st October 2020
About 2 months ago

Reply to the comment left by treeman at 30/09/2020 - 18:23
I am sorry the ironic nature of my comment was lost on you. I am only too well aware of the difficulties of landlords dealing with UC tenants and on reflection perhaps I should have been more sympathetic rather than cynically flippant (or just kept my mouth shut).


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