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my tenants do not want to move out, end of contract, how can i get them to move?

Started by freedom07, July 17, 2018, 08:28:42 AM

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freedom07

background info
I have a house that currently have tenants in, the contract ends in more than 2 months and I already gave them my official notice more than a week ago.

The problem is, the family does not want to move. they gave the reason that their child is going to this high school nearby and they don't want to have to find a new school.

I have asked them to look for a house nearby but they said that it's too expensive. currently we rent to them at a really good rate for them, my state agent (bridge ford) have advised me to increase this.
So essentially, they just do not want to pay more.

these tenants have been with the house for around 5 years but have had issues in the past with them with late rent.


I have gave them the reason that we need the house back for a family member, they asked me to be considerate and allow them to stay 1 to 2 years. but basically i feel like they are not considerate of my needs for this family member because if i allowed this, i would have to find a place for my family for a higher rate.

I have spoken to the state agent and they said in these scenarios if it goes to court they maybe favourable towards the tenant because of the child.

I feel rather powerless, I absolutely want the house back by end of the contract and i was wondering if someone with experience could advise me what to do and answer some of my questions.


how do i make sure they leave by the end of contract? are there any ways to do this?

I suppose neither myself nor the tenant wants to go to court but if it does am i really at a disadvantage ?


If all else fails to get them out by the end of the contract and we negotiate a new shorter contract, what things can legally have in place so that when the time comes, they cannot have the same reasons and we'll be back in square one?


I have thought of an absolute last resort method, that i raise the rent price to an absurd amount so if they truly do not move out they have to sign a contract for even higher prices (which in my opinion is what they wanted to avoid in the first place). will this work? what are the potential drawbacks of this?


Any advice is appreciated.
Thank you.

Hippogriff

Section 21. No fault eviction - no reason required - no need to talk about family member or low rent, or anything. Guaranteed possession. Just takes time if it goes to Court. Most Section 21s served result in the Tenant just leaving by the required date - so Court is what needs to happen when the Tenant steadfastly refuses to leave (which would be no different than the situation you're in now). Your "state agent" (sic) should easily be able to advise you on rather basic matters like this.

https://en.wikipedia.org/wiki/Section_21_notice

Hippogriff

You can raise the rent by absurd levels, but if that is done formally - via a Section 13 notice - then the Tenant has the absolute legal right to appeal against it - and if it's truly absurd then you imagine they'd be successful in that appeal.

Martha

"state" agent huh?

Now I really understand what a "silent e" in English means  ;D

heavykarma

Stop feeling powerless now.I don't know what your estate agent meant.I doubt if the children would give them the right to stay there.Section 21 as advised above.You are not a bad person,you do not have to act like a social worker.Their finances and child's schooling are not your problem.This is a common situation,they may end up qualifying for social housing.If not,not your problem.