Getting a tenant to leave your property is a waiting game. This month, Anna Pettinger explains why the eviction process needs handling with sensitivity and patience…
I have served notice on my tenants, but they don’t seem to be moving out. I need them to leave soon, as I have sold the house. I’ve messaged them several times, but they are not responding. What should I do?
When you evict tenants, especially via a Section 21, you must simply wait for the notice period to expire, which is frustrating, I know.
Some tenants are able to find alternative accommodation quickly, but those who struggle may need help from the council.
Unfortunately, until the notice expires, there is very little you can do. If you have a good relationship with the tenants, a message or email towards the end of the period enquiring if they have found another property may not be met with much hostility. However, I would urge you not to bombard them with communications or visit the house, as this may be considered harassment.
Solicitors and estate agents must also not correspond with the tenants regularly, as this may upset them further.
Ultimately, your tenants do not have to move out until they are evicted by bailiffs, after a possession order has been granted by the court. Therefore, sending numerous messages advising them that they have to vacate by the deadline in the notice is both wrong and can be harassing.
If the tenants feel aggrieved by your actions, they are more likely to stay put and defend any possession proceedings, causing you further delay and additional costs. Should they plead harassment or claim they have not had ‘quiet enjoyment of the property’ (as is their statutory right), a judge is likely to take this very seriously. Tenants can claim a reduction in their rent through the First Tier Tribunal and again, this is a very costly and lengthy process no landlord wants to go through.
It is understandable that you are anxious to evict your tenants quickly, as you are selling the property, but you are somewhat at their mercy, so maintaining a good relationship should be the priority.
If you wish to sell a house that is currently occupied by tenants, I would recommend speaking to us before you market it or instruct conveyancing solicitors. The earlier you start the eviction process, the better!
For more information about serving notice on tenants, don’t hesitate to contact me. Email: anna.pettinger@tayloremmet.co.uk
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