philjory Posted June 2, 2012 Report Share Posted June 2, 2012 My Son has a big problem that I'm hoping someone on this forum can help with. He and his wife brought a 2 bed house 4 years ago but the marriage didn't last long and neither of them could afford the house on their own and due to the downturn in property prices could not afford to sell. they rented the house out through a letting company and the first tenants were fine but after 1 year they moved on, Another couple then rented on a 6 month contract, by now my sons divorce has come through and he has had his wife's name took of the mortgage and he and his new girlfriend are now buying the house.The tenancy contract is up on the 30th of June and they were given 2 months notice that the contract would not be renewed as my son and his girl friend want to move in themselves The male partner has said that he has somewhere to go and he will move out but the female partner has said that she has nowhere to go and she will refuse to move out. The letting agents have said that they have other properties in the area for the same rental cost but the tenants have not applied for one. The female tenant has said that she will stay until there is a court order to evict her so that she can get enough points to get a council property. Can anyone let me know what we should do next, when can we apply for a court order, what is the cost likely to be, how long could it be after the end of the contract date before she could be evicted and if we have to hire bailiffs how much do they cost and should the letting company pay anything towards the cost . The letting company have said that they have never come across this situation before. PS .The house was let part furnished Link to comment Share on other sites More sharing options...
Geezah Posted June 2, 2012 Report Share Posted June 2, 2012 From what you are saying, it seems a poor show on the part of the letting agent, they should be up to speed and should advise you on what to do. If the agent hasn't screwed up the tenancy and has served the correct notices, then the tenant has to move out. You can't physically evict her so I think you'll need to take legal action to get rid of her. I'm no legal eagle, I'm a member of the National Landlords Association and they have a helpline for all this mullarkey, perhaps you may want to look them up and consider joining to get accurate advice with this problem? You might also want to google Landlord Action, run by a Paul Shamplina. Please note, I am not recommending, merely directing to people who may be in a position to help. Link to comment Share on other sites More sharing options...
Richlist Posted June 3, 2012 Report Share Posted June 3, 2012 Companies House states company 03840179 (Landlord Action) was voluntarily wound up on 25th May. http://wck2.companieshouse.gov.uk/7b...0fa/insolvency http://www.landlordaction.co.uk/site.php/terms Link to comment Share on other sites More sharing options...
LLAW96 Posted June 6, 2012 Report Share Posted June 6, 2012 It is quite lawful for the tenant to remain in occupation of a property following the end of a fixed term assured shorthold tenancy. If you have a written contracted and if the correct s.21 notice has been served you should be able to apply for possession on 1 July. You can use the accelerated procedure which if all goes well will be a paper process. If this is a DIY job you will have to prepare and issue your claim form N5b, the issue fee is £175.00. The claim form is then sent to the defendant who has 14 days to respond. If no response is received or defence filed then you can ask for the matter to be put before a judge with a view to granting you possession and your costs. If the judge is happy with your paper work then you should be granted an order for possession in 14 days and costs. If the tenant does not move out then you can apply for a warrant to evict them this costs £110.00. The length of time this will take depends on the court, but expect the process to take around 3 months. The points issue for a council property is a red herring as pursuant to s8.32 Homeless Code of Guidance for Local Authorities it is deemed that it is not reasonable for a tenant to remain in occupation of a property once they have been issued with a valid s.21 notice and the landlord has the intention to issue proceedings. If she is a priority applicant then the council should act now to assist her, if she has no priority then they are not going to house her in any event. Link to comment Share on other sites More sharing options...
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