Selling a property -help remove tenant  and getting rent paid

by Readers Question

7:23 AM, 9th April 2014
About 7 years ago

Selling a property -help remove tenant and getting rent paid

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Selling a property -help remove tenant  and getting rent paid

Hello All,

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. Selling a property -help remove tenant  and getting rent paid

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.

Thanks

Steve


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Comments

Mark Alexander

7:31 AM, 9th April 2014
About 7 years ago

Steve

If tenants make themselves "intentionally homeless" the Council do not have to re-house them. I suggest you make the tenants aware of this and inform that that you will be reporting their behaviour to the local Council on the basis that their behaviour is unacceptable and you will not allow it to be rewarded. The tenants will probably will not take yours or my word for this but they might from the UK's largest charity for the homeless - see >>> http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless/intentional_homelessness

I also recommend you to contact Landlord Action for professional advice - see >>> http://www.property118.com/tenant-eviction/39099/
.

Don Holmes

8:31 AM, 9th April 2014
About 7 years ago

Hi Steve
Clearly Marks advice is quite right, but it seems there is little sensible communication from the tenant, but also I am not sure answers your direct questions 1) How can you show the buyer that this tenant is paying the rent? Now I understand the concern, you do not want to lose the buyer, but you must tell it as it is and not try to dress it up because if they become aware of any skulduggery that is sure to lose them. There is no shortage of decent tenants at this time! 2) How can you get possession before the mortgage company execute the 30 day suspension? Mortgage companies don’t want property, trust me after the last 6/7 years, they have enough on their hands what they want is money, so the first thing is keep in dialog with them even have the owner make some measure of payment if possible? Tell them the Council has thrown this spanner in the works and ask for the additional time while the notice period runs, bearing in mind you do have an possible alternative to S21, subject to the rent being 8 weeks/2 months in arrears you could use a section 8 notice based on ground 8 ,10, 11. this is a 2 week notice period rather than a 2 months, but there are also other potential grounds under section 8 of the Housing Act 1988 which you may be able to use, bearing in mind when it goes before the judge they can be shown the pending mortgage issue and suspended order and the tenant lack of cooperation and will definitely take that into consideration. But the main piece of advice now as this becomes more complicated is "Instruct a professional" Good Luck

Mark Alexander

8:40 AM, 9th April 2014
About 7 years ago

Reply to the comment left by "Don Holmes" at "09/04/2014 - 08:31":

Excellent advice Don 🙂
.


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