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Question

Landlord Wants Tenant to Leave (England)

What Can I Do? Tenant now wants a council house

13 Mar 2017 | 1 comment

We have 4 children under 8 years old and went into private rented (for schooling reasons) – we rented the home we own out so we are now both landlord and tenant. Our tenant was due to be leaving at the end of May whereby we are returning home and has just told us we have to evict her so she can get a council house! To add to the problem I registered her deposit 2 days late as we were on holiday at the time. Would the way forward be to give her back her £3000 deposit so I can issue a S21 notice and copy the LA in as well – if they tell her to stay put, they will be making us homeless with no requirement to house us as we own a property – the very same property that they’ve told her to effectively squat in so that she doesn’t make herself “voluntarily homeless”! I am worried sick about the whole thing. The other thing the LA has told her is to stop paying rent!!! Any help or advice so very gratefully received as first time accidental landlords!

Answer

1 Comment

  1. guildy

    Unfortunately from the sound of it, you are going to need to get a court order and ultimately the bailiff.

    You are correct that if the deposit was not protected within 30 days, it will need returning in full before serving a section 21.

    Then, use our wizard which will ensure everything else is in place and ensure you have the correct notice to serve.

    Have a read of this article and maybe a complaint to the council might be worthwhile asking why they’re not following the guidance. However, it is just guidance and the reality is that they have no houses available so they will delay as long as possible.

    I would be very surprised if the council actually advised them not to pay the rent. This is usually something that tenants interpret as being said but generally not true. If the tenant can get that advice in writing from the council, you could absolutely make a formal complaint that should be taken all the way. A tenant who fails to pay rent with the intention that that will get them evicted is also making themselves intentionally homeless.

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