UK Landlord Forum / Life

I have let my property through letting agent on Short hold Tenancy agreement. Section 21 (1) (b) notices was also signed at the start of TA. But at the end of fixed term of TA, tenants has refused to vacate the property with excuse that I cannot find suitable property and will vacate the property as soon I have found the same. In fact letting agent was responsible to give me possession of property after expiry of TA. But he failed to do the same. I have terminated the managing service from the agent after expiry of TA.

Due to tenants request I have gave  another two month and served periodic section 21 notice (4) (a). But after expiry of 2nd section 21 notice he is still in the property. He is not willing to vacate the property and making different excuses. I understand from tenant's behaviour that, he wants eviction through court proceeding so that he can claim accommodation from the council. Where his legal status in the country is not known. Letting agent is not willing to provide me his legal status and other Ids etc. He used property badly and lot of damages has been observed. He is still demanding different things like replacing fridge and treatment of mouse problem etc.

Please advise me

1.   Am I still liable to fulfilled tenants demands where Sections 21 notice is already expired and he is  living in the property with his own choice.

2.   In my opinion, I have to start court proceeding against managing agent because he failed to give me a possession of property after expiry of TA.

Eye's open, back in the room.

Sorry, you need to get real my friend.

Someone is living in your house, not paying rent, and you have served them notice.

Apply to the courts for eviction. Get eviction done as quickly as you can.

This sense of justice you feel which you can reek at the door of your Agent, is frankly, nonsense. Sorry, but it is not going to get your tenant out is it?

FOCUS on the issue, getting shot of your squatter, nothing else, keep it professional and arms length, dont get upset, dont blame any other than the scrote in your house.....

Agreed, the answer to your 2 is a no. You start proceedings against the 'Tenant', starting Court proceedings against the Agent is kinda like starting proceedings against yourself.

A LA cannot give you possession of a property.  This is down to a court.

If you do want the eviction done quickly check with your local court as to any delays with their bailiffs as some are quoting 6 months.

If it is more than a 6 weeks you may want to consider using an HCEO to do the eviction quickly but it is better to apply for this at an early stage.

Here is a short guide on this, should you choose that route: http://thesheriffsoffice.com/services/repossession/repossession_of_residential_property

Thank you for your prompt reply. Am I still liable to fulfilled tenants current demands about treating of mice problem. where Sections 21 notice already has been expired and he is living in the property with his own choice.I have tried to resolve the problem but tenants is not following the rule. I have advised him to empty ward robes so that I can closed possible incoming route of mice e.g holes etc. He has kept home dirty and found  food stuff on the floor. I have put  approved mice killer medicine and asked him to follow up is necessary. But after 3-weeks, he is saying that mice are not consuming medicine. But during my visit ,I have found that mouse does have used medicine. In fact  medicine wont be effective  if you are putting 2nd dose after  3 weeks intervals. Putting 2nd dose  after 3 weeks time means you are only feeding to the mice instead of killing them.

Forget the mice get rid of the rat

And get better medicine next time.  If they are just eating it doesn't sound like the right medicine.

'Tenant can then claim accommodation from the council.'

I wonder how many landlords are used, (or misused)  so that tenants can find Council housing.

Michael