UK Landlord Forum / Life

Hi All

Any advice is much appreciated

Assured Shorthold Tenancy Agreement expires on 8th December
Asked Tenant if she wants to renew.  She said shes had a falling out with her guarantor (her sister) and does she need to have a guarantor.  I replied she would need to find a replacement guarantor.

She text to say she couldn't get one and said ' which day would I need to be out of the flat'

Which I replied with the date,  8th December.

She has since come back to me to advise I would need to serve her with an eviction notice (shes DSS and has been given this info by Barnet Homes)

I'm rather stressed as financially I'm worring would  i need to take her to court, this would cripple me financially!!

I have sent her a letter today , recorded post, and a copy to her sister (guarantor) confirming her text message that she wanted to know when she needed to be out by.

Can anyone give me any advice, pointers.  I really would appreciate it

Thank you in advance

Tanya

The Council - or a Housing Association - will always advise a Tenant in receipt of Government / Council support that they should stay in private rented accommodation until the bitter end - this usually means just before you've shelled-out for big heavies to turn up and physically throw the Tenant out. The Council has no interest in advising the Tenant to leave the privately rented accommodation any earlier because they then become their problem.

This is one of the, biggest, downsides of renting to people in receipt of LHA or UC.

So... the procedure would be something like... serve Section 21... notifying the Tenant they'd need to be out by X date... the Tenant might take that to the Council, or something, and get further advice to "sit tight"... and possibly even "stop paying rent" (unless you receive it directly, of course)... that X date may come and go, and you would need to apply to the Court for a Possession Order... could take weeks... or months... and if you've not done all of your legal obligations completely, your Section 21 could be thrown-out and you'll have to correct the issue (Deposit protection, GSC, EPC, How to Rent booklet, things like that) and start the process all over again... surmising that you are all sorted on that front, you would then get a date for when the heavies could turn up... likely the Tenant will be advised to physically leave just before they arrive... and plonk herself down at the Council, who will then spring into action to re-home... and you'll be left months out of pocket, with Court fees and Bailiff fees to pay... and little chance of recovering them.

However... it could also all go swimmingly with your Recorded Post letter.

The Guarantor doesn't renounce their responsibility to the tenancy just because there's been a falling-out, though... if everything was performed correctly, they're still on the hook.

Thank you so much, it's much appreciated!!

Tanya

Just wondering,has she been paying her rent up to now? I assume so as you asked if she wanted to renew.Would it not be possible to continue either on a periodic basis,or re-signing if you need to? The matter of the guarantor is neither here nor there,It is generally agreed that it is not worth the paper it is written on,I never take anyone who requires it.If she has been a decent tenant I would carry on.

Yeah was thinking with hindsight now!!

Shes always paid the rent on time and generally been a good tenant, unfortunately she has managed to upset all the neighbours so I thought I would take the opportunity of getting someone new in to save my neighbours the headache.  I'm also wanting to sell in a couple of years so she'll probably do the same then.  I might try and get her to see sense.  If I evict her the council and going to house in some god forsaken place, whereas if I give her a bit more time she might find someone willing to take on dSS and she can go quietly!!!!.  I live in hope.  Thanks for the advice