Tenant refuses to leave until council re-house her?

Tenant refuses to leave until council re-house her?

10:14 AM, 13th March 2023, About A year ago 19

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Hi, I have an issue with a tenant who is refusing to leave after I served a section 21 notice. I am forced to sell as my mortgage has soared over £3,000 a month and rental income is only £1,600!

I have sold the property at a massively reduced price for the same price I bought it 6 years ago. The buyers will likely pull out of the sale now.

The council (RBKC) have advised the tenant to not leave until bailiffs remove her which after an accelerate possession order may take a month.

Moreover, I don’t have much time as I cannot afford to keep paying the mortgage which is now affecting my primary residence and I am becoming increasingly in debt.

Are there any associations that can help me to meet the council to see sense and re-house her as I am on the verge of ruin?

Us landlords have been truly disadvantaged by the lenders and changes to tax legislation – unfortunately, this is the result of their policies. I’m sure I am not the only one.

Any help or advice would be greatly appreciated.

Note: I have even offered her a cash settlement. However, the council have advised her to stay.

Thank you,


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Melvin Keyani

18:14 PM, 13th March 2023, About A year ago

Reply to the comment left by Jason Harris at 13/03/2023 - 15:57
The homelessness reduction act and the LA own internal fact sheet state they are required to provide temporary accommodation after S21 has expired.
The Council has certain duties to help homeless people in their area if they meet certain criteria.
The person must:
• Be eligible for assistance
• Be homeless or threatened with homelessness within 56 days
• Be vulnerable – this is called having a ‘priority need’.

The tenant meets all 3 of the above.

Neil Heffey

20:42 PM, 13th March 2023, About A year ago

Reply to the comment left by Melvin Keyani at 13/03/2023 - 18:07
Have you tried to sell with the tenant in the property via one of the auctions?

It’s a hard time for landlords and tenants these days. Rising energy costs, cost of living, mortgage increases are hitting everyone.

You should check what the market value of rent is for your property now and if it is much higher than you are currently renting it for, increase it to market value by way of a section 13 notice if you can’t agree it with the tenant. Whilst this may be unaffordable for the tenant, the tenant can apply for a DHP from the LA to cover the increase.

In my opinion property prices are going to fall as the year goes on and interest is going to continue to rise so the best option for you may be to sell in auction with a sitting tenant.

If you get vacant possession, you won’t have any income towards your mortgage and may not be able to sell so you would lose the income you have going toward your mortgage payment.

Jason Harris

7:31 AM, 14th March 2023, About A year ago

Reply to the comment left by Melvin Keyani at 13/03/2023 - 18:14Sorry but this is not correct. Being subject to a S21 does not make someone vulnerable to the extent it gives them priority need.
The rest of vulnerability is “ are they significantly more vulnerable than the ordinary person if made homeless”
Unless they have ill health/exceptionally poor mental health they are not going to fall into the vulnerable catergory.

Being eligible and homeless is not enough to trigger temporary accommodation.

John Porcella

12:01 PM, 14th March 2023, About A year ago

Reply to the comment left by Graham Bowcock at 13/03/2023 - 12:07
Rents have risen massively and the tenant probably cannot afford to rent elsewhere nearby either.

Daniel Lewis

16:00 PM, 14th March 2023, About A year ago

Yes the council dont have a duty to rehouse untill the tenant is going to be homeless i.e. an actual eviction date. The expiry of a s21 just means you can now apply to court. Apply for a warrant it costs about £150.
I would get a moneuly judgement for all the legal.costs and any outstanding rent if you havnt already and let the tenants know that staying out will incur further legal fees for them as you can recover these if the judge has awarded them.
The council should be assisting your tenant to find alternative accomodation though as to prevent a homeless situation occuring.
Even if.you evict and they become homeless they will be placed in temp accommodation and prob be in this for a good 2 years.
Do they work? The council will expect them to seek another private lanldlord if they have a decent income and there is a scheme where they will pay the first months rent and deposit for them.

I know its a headache but i would apply for the warrant of eviction asap, the bailiff will then schedule an eviction date within 6 weeks usually. On the warrant form you can ask the bailiff to take possession and seize goods for any debts outstanding uou just need to put this in the n325 form.

G Master

22:11 PM, 14th March 2023, About A year ago

The next action is to get High Coirt injunction and you should get the decision in days rather than weeks. Then the bailiffs can take them out in no time.

This tenancy laws used to be in third world countries. What are they doing here is beyond my belief.

Shanita Rahman

4:02 AM, 15th March 2023, About A year ago

Hi Mel

Going through hell with tenants that have not paid rent in a year. Despite receiving high court writ, day before eviction I receive email from solicitor to say they have been granted last minute hearing, so eviction is halted. The council refuses to house them based on the rent arrears. But court have agreed to give them a hearing date on the lies they told court that they have been paying cash (not true), the tenant is vulnerable as he cannot read and write?! Biggest financial mistake and lesson of my life and it is far from over. Council do not want to deal with them.

Tim Jones

9:10 AM, 18th March 2023, About A year ago

Sorry to hear about your difficult situation- do you mind me asking what rate your mortgage has jumped from and to - like most landlords I’m also facing a cliff edge in for me it’s march 2024 so a bit of thinking time but a cliff edge no less.


21:40 PM, 18th March 2023, About A year ago

Try again offering money for the tenant if he is leaving. This can definitely help.

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