Rights to remove tenant’s belongings at end of notice period?

Rights to remove tenant’s belongings at end of notice period?

0:01 AM, 10th July 2024, About 3 days ago 5

Text Size

Hi, I have a tenant who is a professional psychiatrist. She has been weirdly difficult to deal with, and I had to serve her a Section 21 notice for being consistently a month behind on rent.

She has claimed she will be on holiday when she needs to move out, at the end of the notice period. She has then indicated she can move out before then, but may well not do so.

Can I insist that I will take possession of the property the day after the end of the notice period, and if so what am I permitted to do with any remaining belongings?

As you can probably tell, I’m not a professional landlord so please excuse my ignorance!

Thank you,

S


Share This Article


Comments

Judith Wordsworth

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:25 AM, 10th July 2024, About 3 days ago

A s21 Notice is just that, a notice that you are requiring possession, not that the tenant must move out on the date stated. Thankfully some tenants do move out but more and more are not.

The tenant doesn't not actually have to vacate, most if not all Local Authorities are telling tenants to stay put until the Bailiffs knock on the door.

Once the date requiring possession on the s21 has passed then you need to apply to the Court for a Possession Order. Depends on where you are as to how long that could take. But can do online as long as ALL your tenancy paperwork is correct and up to date.

Tenant may still not move out so then you apply for the Bailiffs Order.

Join Pims.co.uk for all the forms, advice and help. They also do not try and sell you expensive courses, a bonus.

Rod

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

10:39 AM, 10th July 2024, About 3 days ago

As Judith highlights, a S21 notice does not give landlords the power to end the tenancy, only the courts or your tenant can do that.

If you are looking for a fixed cost service for processing your eviction, iHowz partner SCS offer a discount to members.

Your question regarding belongings left at the end of a tenancy will depend on what is specified in your tenancy agreement.

The friendly team at iHowz would be happy to give you more specific advice.

https://ihowz.uk/

Steve O'Dell

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:51 PM, 10th July 2024, About 3 days ago

As a psychiatrist she is unlikely to be dependent on the council for accommodation. As such, she doesn't need to avoid making herself so called voluntarily homeless by remaining until the bailiffs turn up. Her biggest issue will be her lack of ability to get a decent reference from you to gain another place to live. Unfortunately as landlords we have very few rights, everything is stacked in the tenants favour, one would think a 6 month tenancy is exactly that, it is not, nothing like. And even when a judge gives an order to leave, the people at the council who's salary you pay then tell the tenant to go against the court's ruling - just how screwed up is that? Ps most psychiatrists have as many if not more psychological issues than their patients. Many join the profession as a form of self help. So don't try to apply rationality to your negotiations.

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

17:53 PM, 10th July 2024, About 2 days ago

A big big Noooooo!!! At the end of the notice period you have the right to ask the court for an eviction order. You do not have the right to enter the property let alone move her stuff out. It's illegal eviction and you can expect to be sued

Southern Boyuk

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:09 AM, 11th July 2024, About 2 days ago

Depends whether you want to fight this or not

You can tell her that while she’s on holiday, she can arrange for a professional company to collect her furniture for storage and delivery to her new property on her return. Of course at her cost. And that you will arrange for someone to allow them in AND to, do an end clean at her cost. This along with any reparations damages or missing items will be deducted from her deposit.

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now