SMF - Just Installed!

Tenants gave a months notice, but not likely to budge.

Started by SunbeamS7, November 04, 2014, 08:24:52 PM

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SunbeamS7

Hello.
My tenants have been at my property for 3 years (periodic), they served a months notice by email some 3 weeks ago.
Since that date they have not returned my calls and I have had a message on my mobile from the local housing office; looks like they have split up and one of the parties will not be moving on without me "making them homeless".
The question is ....Can I go straight for a possession order as they themselves have ended the tenancy? Should I serve  a "21" and if I do so will it look as though I didn't accept their ending of the lease?
They have been great tenants to date...no rent arrears and sizable deposit held by DPS.
Thanks in advance. Jon

EvictionGroup

To minimize the risk of a defended action, IMO go Section 21 route. 

SunbeamS7

Thanks for taking the time to give your advice; I need to decide which route to go down in the next few days.
Cheers Jon.



Riptide


Martha

superseded by this ?
http://www.lawsociety.org.uk/advice/articles/commercial-rent-arrears-recovery-rules-now-in-force/

Edit
no. Sorry, distressed rent act only appears to have been superseded for commercial.

The Sheriffs Office

We would add that if you do go the S21 route if you intend to use a High Court enforcement officer for a so called 'speedy eviction' you really should request a Section 42 transfer at the outset.

Have a look at our recent post entitled 'a landlords guide to speedy tenant eviction' for more info if necessary.

EvictionGroup

Sound advice from the sheriffs office. Using Sect 42 from the outset of proceedings will expedite the matter considerably, should you decide on that on that route of course.

SunbeamS7

Just a quick thanks for the advice.
They have now gone; house a complete tip, but court action and delays avoided.
Copied in their family and ex-partner with all the paperwork before we went to solicitors & it appears they offered some advice and possibly sideways pressure.
New carpets and kitchen units and we are good to go.
Thanks again. Jon.