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help.. tenant not leaving


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I have a three bedroom property in Edmonton which is looked after by a agent. Currently a family is residing there with three kids. They have been living their for the past four years and their rent is paid by the council. Four months back me and my husband decided that we would like to move into that house as we are going to have a baby soon. In Jan 2011 we gave them two months notice through our agent to move out of the house. They would have been also provided with another house by the agent. They said they will move out as they don't want eviction. Now,after more then two months they are saying that they want a eviction letter so that they can get a council house as priority. My agent said it will take about two months if we want them evicted and will cost a lot of money too. What should I do? How do I get rid of them?What are my rights? Please help.

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Hi tashjab,

Well - your agent is wrong (saying it will takes ages to get them evicted and will cost you a lot of money).

Assuming they have served a valid Section 21 notice (best check this with the agent) and assuming the tenant is refusing to leave after the Section 21 notice has expired (ie: the day they were supposed to leave) .... then it is very straightforward to apply to court and ask for an eviction order.

It will cost you about £150 (although I think the fee might have gone up to £200 in the last budget) and you will need to provide a copy of the tenancy agreement, a copy of the Section 21 notice, a copy of the deposit protection certificate (assuming the tenancy started after April 2007) and you will need to complete a Court form.

Pay the fee and you will be granted an eviction order, without a Court hearing, in 28 days. This is known as the accelerated possession procedure.

So, in summary, £200 (or maybe less) and 28 days will get you the eviction order.

Finally - I am not surprised that the tenant is not leaving as they probably have no where else to live .... and the Council will not re-house them until they are evicted by you! Walking away at the end of the tenancy (ie: at the end of the Section 21) is not being evicted (in the Councils eyes) ..... instead they would be making themselves "voluntarily homeless".

Hope that helps ....


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