Updating post from Reddit.
Hi there the move out date stated on the section 21 served to my tenants has passed.
Are they still required to pay rent now that they are still there? And can I ask for rent? Does accepting rent from them somehow validate that they have a right to stay?
Any advise from people in similar situations? Did you follow up with letters informing them they must leave? They say they are staying because there new property’s references haven’t cleared. I tried to make an agreement via a Contract of Surrender with them in writing as to how long they could stay extra but they refused to sign anything.
Issue currently is they haven’t paid any rent this month.
Do I wait it out and hope they move to there new property’s references haven’t or start the court proceeding now.
Any help appreciated, Thank you
They still have to pay rent. A section 21 is a voluntary request to leave, it's only enforceable if you take them to court and a District Judge agrees.
Yes, they still have to keep paying until they leave. If they don't, then you need to go to court to get a possession order. If they still don't leave, then you'll need to get a court order to get a bailiff to evict them.
A section 8 for non-payment of rent can be issued after 2 months of non-payment.
My advice - talk to a solicitor.
Hi thank you do the advice, have you gone through the process before? Any recommendation on solicitors, costs, are the solicitor fees claimable?
I've just finished getting a property back from a tenant who stopped paying rent at the end of 2023. Served Section 21 and Section 8, Possession order, and then bailiff and eviction.
My recommendation for a solicitor is to ask 2/3 local ones who specialise in property for advice and costs and go with whichever you feel most comfortable with.
Glad you have it back now! That seems like an exceptionally long time. May I ask was there any reason it took so long in your case? Thanks
There are massive backlogs with the Courts, and the lead time is an average of 6 months from start to finish at present. You need to start your court claim as it has to go to Court within the set deadline (6m of issue). I would strongly recommend contacting Landlord Action and ask them to help. Cheaper than a solicitor but experts on evictions.
As the other reply says, the court system is crazily slow at the moment. Everything takes time. Councils won't house someone until they've been officially evicted, so tenants are advised to stay put until the day of eviction.
Can't serve Section 21 or Section 8 until 2 months rent is outstanding. Minimum notice in law is another 2 months (so that totals 4). Only once that has past can you apply to the courts for a possession order (that took another 4 months to come through). Once that was done, I then had to apply to the high court (another 4 months) before a bailiff can serve notice (and then there's another 4 weeks before the bailiff can evict).
Even then, I had to keep all their possessions for another 4 weeks.
The property will finally be ready to be marketed and let again in the next week. By the time a new tenant moves it, it will have been about 18 months of no income, but lots of costs.
They still have to pay rent, but they still have a right to be there. Only the tenant or a court can end a tenancy. After the s21 has expired, you can request a court evicts them, but all the details have to be correct on the s21.
They may well have been advised by the council to sit it out, as until there is an eviction notice the council will not help them.
Thank you for your reply, They have been speaking to the council. When you say the council won’t help them until there’s an eviction notice. What do you mean, help them with what?
Get them a house, while they still have a roof over their heads, the council won’t help them and they will be at the bottom of the list. If your tenants leave without being evicted through a court, again the council won’t help them because they will say they made themselves homeless.
Your section 21 notice isn’t actually an eviction. It’s a notice of intent to seek possession.
Legally, nothing for the tenant has changed. They are still tenants, and still must pay rent.
For you, all that has changed is you have fulfilled the prerequisite for applying for a possession order from court.
Only 2 people (generally) can legally end a tenancy: the tenant (by leaving voluntarily), or a judge by issuing a possession order. That’s how our legal system works.
The council won’t help them because they haven’t been evicted.
Only once you have a possession order would the council assist them.
Also, from the tenants perspective, they have a place ready, but need more time. So where would they go? If they’re telling the truth.
Start applying to court. May want to get a solicitor. You can ask for legal costs. You are also entitled to all rent, but may need to issue a MCO to actually get it
Thank you for your response, out of interest have you gone through the process yourself?
You have apply To high court if u want them out and fast
Start the court proceeding immediately. It will take months. Get legal advice. Take legal advice before you write *anything* to the tenants. It sounds as though your tenants will sit it out and stay as long as they can. So start the process immediately.
Be very careful about writing them "letters informing them they must leave" - this could constitute "harassment", or "a new tenancy agreement". Whatever you write can be used in ways you do not expect. My learning is: only write letters drafted by a solicitor who knows the process, and get the letters to come from the solicitor.
And the tenants do not have to leave. They only have to leave when the bailiffs come: this is what Shelter and Citizens Advice will inform them.
Good luck.
You’ll now need to serve a section 8 for breach of contract, if they then don’t move out you will need to apply to the courts
I understood section 8 can only apply after 2 month of non payment. Is that right? Currently they are about a month behind.
A section 8 is just a general section for a breach of contract, when you serve it you put the correct reason for the breach in this instance failing to move out
They still must pay rent. As others have said S21 is ‘no fault’ notice, so you now apply to have it enforced.
I would simply write to them and tell them you are now taking court enforcement action regards them failing to leave under the section 21 notice, which will be a matter of record and may impact any future tenancies they may wish to enter into, AND that you will be pursuing missing rent via the small claims.
If they attempt to avoid giving you forwarding addresses you can make a small claim against them at their place of employment.
Thats it. Black and white. Consequences.
They still have a right to stay, a S21 doesn't end a tenancy only a court can do that. They are still required to pay rent as normal and issue 1 month notice if they wish to end the tenancy.