UK Landlord Forum / Life

Hi!

I'm looking for some advice / guidance?

I gave my tenant notice in accordance to Section 21 on 13 March, in which they were to vacate the property on / by this Sunday 17 May however, last Wednesday 06 May, my agency discovered that they have no intention in moving out by this date and advised that they will move once they have found alternative accommodation.

My agency have been useless in offering me any further advice on how to deal with the situation therefore, I have spent the past week researching the issue, as well as attempting to obtain guidance from the relevant council, as they are DSS, and NLCE.

A representative from the council, who is working with the tenant, contacted me yesterday to advise that by law I have to process a 'standard possession order' to evict my tenant. Apparently, this is common practice in which landlords have to legally abide by if they are to remove a tenant who has not vacated the premises in question by the date stated upon issuing notice in accordance to Section 21.

At first, I found this somewhat shocking, as I don't want to be heavy handed and 'evict' my tenant (picturing scenes from related Channel 5 programmes) however, the representative seemed very cool about it all.

After 18 hours of pondering on the conversation, it dawned on me that my tenant maybe playing the system. The representative mentioned that when a landlord issues a standard possession order to evict, it puts the tenant at risk of becoming homeless, which is what triggers the council to step in and assist the tenant.

Am I right in my thinking, in that if my tenant moves willingly the council won't see them as vulnerable and in need and therefore, will now longer support them financially?

This is my first DSS tenant in the 10 years I've been letting my one and only property. I've never experienced this issue with my previous private tenants, who all willingly vacated in accordance to the Section 21 notice issued, hence why I'm wondering whether this is common DSS practice / behaviour.

Thank you in advance for your assistance.

This is common practice because the longer they are there the longer they are your problem and not the Council's... it has probably only just started. Watch some of those programmes...