Tenant refusing to leave – advice?

Tenant refusing to leave – advice?

0:05 AM, 4th July 2023, About 11 months ago 13

Text Size

Hello, I would be grateful of some advice about a tenant that is refusing to leave, even after a S21 notice.

We’ve had the property up for sale as our fixed rate mortgage is coming to an end, and we are going to struggle keeping up with the repayments, but now we have lost our buyer as the tenant is refusing to leave.

She is a single mother and put as her court defence that there is damp in the bathroom. She has also told me that she doesn’t want to go into temporary council accommodation, although this would be an option for her.

My solicitor is saying that if I go to court and not give her another 45 days and reapply, that this may put my application back further and I won’t be able to evict her.

I can prove that the property was up for sale and our new mortgage payments. I’m really worried now of the likely outcome?

Has anyone had any experience here or advice they could give me please.

Thank you,


Share This Article


Tessa Shepperson

19:31 PM, 5th July 2023, About 11 months ago

Reply to the comment left by Julesgflawyer at 05/07/2023 - 16:11
It will only be a problem if the Local Authority has served an improvement notice.

If the LA has not done this, then the tenant cannot derail the claim just by complaining about the condition of the property.

Tony Phillips

0:11 AM, 6th July 2023, About 11 months ago

Reply to the comment left by Julesgflawyer at 05/07/2023 - 16:11
My tenant had the gaul to complain to the LA about damage they had actually caused! I recieved a letter from the LA threatening extremely severe and draconian penalties if they found ANY breach of numerous rules and regulations.

The LA inspected and I heard nothing afterwards...not even an acknowledgment that I had done nothing untoward..let alone an apology for their terror tactics.

As far as I'm concerned the LA are a bunch of complete _ _ _ _ s!


11:28 AM, 8th July 2023, About 11 months ago

And GOVE wants to get rid of Sec 21 - the only protection Landlords have. Furthermore, while Landlords are losing rent and paying for legal expenses Tenants are being offered FREE LEGAL AID.

Leave Comments

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


Don't have an account? Sign Up

Landlord Tax Planning Book Now