Unable to reach tenant after serving Section 21?
1 year ago | 15 comments
Incentivise the tenant to vacate before the Section 21 expires?
12:01 AM, 14th February 2025, 1 year ago
16
The tenant has rented the two-bedroom mid terrace house since 2009 and is now five months in rent arrears. A Section 21 has been served with all the correct documents checked by a legal firm. The Section 21 expires on 25th March.
It took numerous visits, emails and telephone calls to arrange for the expired gas safety certificate to be renewed. The tenant sites poor health, as the reason not to allow any visits. The property is untidy, but has been well maintained.
There has been no communication from her, and I expect her to stay after the Section 21 expires, as she likes living there. This would need to go to court to seek possession and rent arrears. Apart from obtaining a CCJ, I don’t think she will ever be in a position to pay back the arrears.
If I wish to incentivise the tenant to vacate before the Section 21 expires, will this have an impact on taking her to court to seek possession and trying to reclaim the rent arrears? Any suggestions are welcome.
Also, if they refuse to leave what would be the next step?
Thanks,
Martin
Tags:
CCJ for rent arrears, court possession, eviction process, Gas Safety Certificate, Landlord advice, landlord tenant dispute, rent arrears recovery, rental property legal advice, Section 21 Notice, Tenant Communication Issues, tenant incentives to vacate, tenant rent arrears
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Member Since September 2023 - Comments: 28
6:51 PM, 14th February 2025, About 1 year ago
You may have misunderstood.
You don’t give the cash and hope they move out…they sign the paperwork so that they HAVE legally moved out and then give them the cash via bank transfer
A signed deed of surrender is CAST IRON
Member Since October 2020 - Comments: 1137
10:27 AM, 15th February 2025, About 1 year ago
Reply to the comment left by Craig Vaughan at 14/02/2025 – 18:51
Provided its signed, (executed) at the moment they exit and not earlier.
Member Since February 2024 - Comments: 31
3:32 PM, 15th February 2025, About 1 year ago
Reply to the comment left by Cider Drinker at 14/02/2025 – 08:31
A section 21 is the best way to get the tennt out, and if they’re prepared to incentive them so that they go, then they’re obviously not bothered about the arrears. The tenant could give the judge a sob story, offer to pay off the arrears at £2 a week, and the judge could easily decide to let them stay.
Member Since February 2024 - Comments: 31
3:34 PM, 15th February 2025, About 1 year ago
Reply to the comment left by DPT at 14/02/2025 – 10:11
I know where you’re coming from, but as there’s already a Section 21 in motion, it would be difficult for any tenant to accuse a landlord of harassing them with money.
Member Since September 2018 - Comments: 3508 - Articles: 5
4:45 PM, 15th February 2025, About 1 year ago
Reply to the comment left by Jonathan Willis at 14/02/2025 – 15:26
if only it were that easy. If only gaining possession immediately meant all costs and any arrears, would show up instantly against this record.
It is nonsensical that the LL has to then pay more to chase the debt afterwards.
An award for possession where money is owed should automatically link to the CCJ register at least. perhaps showing a listing against the name as a ‘pending’ status. The tenant would then have time and be more motivated to get this paid off BEFORE it went to a full CCJ.
What’s the worse that could happen? T pays off the debt (which the court has agreed exists) and avoids a bad record. LL gets paid what he/she has been proven that he/she is owed.
Member Since September 2023 - Comments: 157
4:52 PM, 15th February 2025, About 1 year ago
Reply to the comment left by Reluctant Landlord at 15/02/2025 – 16:45
Is it not automatic? I know a defendant gets 30 days to pay a judgment before it shows on the register under small claims, I assumed a possession with costs would be the same.