What should I do if my tenants won’t leave despite health issues?

Give them a grand in their hand, and their deposit back and a month’s rent. Likely to be over £2k.
Do that if they sign an appropriate form of immediate surrender
If you have the ability to, actually physically help them move out as well
People here and elsewhere will be OUTRAGED by even the suggestion, but it’s just pragmatism
If they decide not to leave, you have to serve a S21 and or / S8 and the current time to court and actually eviction is now well over a year…that’s if you get everything right first time..if there’s any errors of ommissions in your paperwork, the clock just keep resetting
If they carry on paying rent whilst you try to evict them, that’s one thing…but if they don’t then you could be north of 6k down by the time this is over
You don’t need the hassle. Go with a grand in the hand, it’s NEVER failed me….

Reply to the comment left by Helen at 13/11/2024 – 12:22
Reasonably priced??

Sorry to answer a question with a question. What’s in your tenancy agreement? Mine contains a contractual method of service. This means all I have to do is post it. Two days later it’s deemed served received or not.

Whatsapp email etc are only valid if it’s agreed by both parties.

If not the law of property act 1926 requires notice to be handed to them in person.

Don’t rely on goodwill. Tenants are great people until interests no longer align. Check all your paperwork EPC etc is in place (use court form n5b as a check list). Serve s21

Reply to the comment left by Craig Vaughan at 13/11/2024 – 19:13
This is good advice of you have just the one. If you have multiple word would get round, they all stop paying and want a grand

Reply to the comment left by Godfrey Jones at 13/11/2024 – 18:46
Hi Godfrey

Sorry (again) to hear of your situation, but the longer you fail to take professional advice, the more difficult your situation will become.

I doubt that the tenant will consider your own hardship in any way and you may find that the Courts’ power to consider your position will be limited.

You must get the gas safety check done. I’m afraid that from a legal position your view is indefensible.

I hope that you have your pre-commencement compliance up to date as this will assist in serving the s21.

Godfrey, I’m sorry to say that you have no hope of getting the property back any time soon. Even if you did everything right, it would still take you a year to get possession given current court delays. From your replies its clear that you’ve not done everything right and I suspect that you may go through a few failed s21 claims because you don’t understand the process or to be frank, your responsibilities as a landlord. This will extend the process to maybe two years or more.

You need help from any eviction company now and somewhere to stay for the next 12 months or so.

I agree with others above that you need to contact a professional eviction agent as soon as possible to find out what you need to start the eviction process and see what documents you may or may not have.
I have found Legal for Landlords to be excellent in spelling out what documents are needed and they reply quickly to queries. They have worked on 3 evictions for me and I believe their actions saved me a lot of time and money (as well as stress) as I felt supported during the process.

Reply to the comment left by Godfrey Jones at 13/11/2024 – 18:46
Hi,

Have a look through your tenancy agreement to see if you have clause that states you can use section 8 grounds 1. LA improvement order doesn’t apply where it does for a section 21 Notice, however, you do have a responsibility as a landlord to provide a fit and habital property for your tenants regardless of circumstances, you also have a responsibility to get a gas safety certificate, for the cost its worth doing for yourself along with a boiler service.

I deal with a lot of evictions in Newcastle-upon-Tyne, I’d be happy to have a read through your tenancy agreement and send you some more information on when you can serve a section 21. [email protected]

Regards

Paul

“I’ve always kept the rent well below the market rate for the area”

Never do this. Treat it as a business. Gently put the rents up and put the money to one side… for times like this when you’ll need to throw all you’ve got at getting rid of ungrateful bastards.

Good luck Godfrey. Take care of your health. Don’t let them get your down!!

Reply to the comment left by Paul Dorney at 17/11/2024 – 09:08
Thank you so much for your kind offer. I may well take you up on that.
However, delightful news: my Tenants has just WhatsApped to say they will be gone by 01st February 2025.

I feel I should ask for a brief letter confirming this. I believe it may be called a deed of surrender.
Do you possibly have a template or a copy of one, redacted naturally, that I could use?

Kind regards
Godfrey