7:23 AM, 9th April 2014, About 10 years ago 3
I am hoping to tap into your wealth of experience here.
I am helping a physically ill person sell a property. The tenant has stopped paying rent and refuses to move out, even though exchange of contracts is very close.
The tenants panicked when the mortgage lender instructed Court bailiffs to evict them and repossess the property. However, we were able to stop the eviction and have the warrant suspended. Before the end of the suspended period we secured an extension of 30 days directly from the lenders when we found a buyer. The buyers are still undecided whether they want to keep the tenant or want vacant possession.
The problem is; after the bailiff episode the tenants have stopped paying rent and refused to move out. Apparently, they contacted the local Council for support, but were advised to remain in the property until they are evicted by a bailiff in a process that should start with a Section 21 notice. Initially, they claimed they applied for housing benefit and there had been delays. Now they say they will not pay rent as the electricity was recently cut off by EDF due to a bridged connection. We contacted EDF and they want the tenants to call them directly. The tenants have refused to do this and have not paid rent. We have explained to the tenants that any new landlord will not want to take over tenants who do not pay rent but they now seem to want to be evicted in order to get unto Council housing.
The dilemma is; if the new buyers want the tenants, how can we show that they have been paying rent?
If they want vacant possession, how do we ensure that?
There is not enough time for a Section 21 notice procedure.
Might it be possible to get the lenders to reactivate the Court Eviction?
The Court had said if we failed to keep to the terms of the Warrant suspension the lenders could reactivate it. This was before we got the lenders directly to give us 30 more days when the date of the suspended warrant fell due.
Your advice is much desired.
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