Will I Be Homeless

[braverino]

My friend has served a section 21 notice on tenants so it gave them over 2 months notice and they are meant to leave the property on 30 July. Her rent was due today but she has not paid my friend. Her excuse being that she's paid in arrears one month up front and for the last month and has suggested my friend keeps the deposit. Can she do this. How does my friend get the deposit back? She also said that she can only move out on the due date of 30 July if she can find alternative accommodation as she has 4 kids. If she does not go on this date, my friend will be homeless. What is the law on this? PS The tenant won't let my friend inspect the property. Your help would be much appreciated. Thank you

[Barmaid]

Your friend cannot force this person out without a Court Order. If she leaves of her own volition, fair enough. If not, he will need a Court Order. In the same claim he needs to claim for the unpaid rent and mesne profits.

The tenancy agreement should include provision for inspection. If she will not allow it, you need to include this in the proceedings. If there is such a term, you need to make it clear to her (in writing, by signed for delivery) that an inspection is necessary. If she fails to comply there is, however, little you can do (subject to the terms of the TA).

I suggest your friend finds an interim solution until he can get rid of his tenant.

[bednobs]

why would you be homeless?

[woofgang]

I suspect that "My friend” is the OP’s landlord or possibly the OP. its all a bit tangled....
My friend is the landlord...and is worried about getting the deposit back????
Then "If the tenant does not move out my friend will be homeless” ????
Then the question title...”Will “I” be homeless. Either this is a person with a multiple personality disorder or he/she is not very good at keeping the story straigh.

[shoota]

Perhaps the op is a friend of the landlord and they hope to move into the recently vacated property together?

[Postdog]

^ Does it honestly matter Woofgang?

[Peter Pedant]

Barmaid is the girl !
hi bam bam !!

you should gtry to get your fren to post as third party posts are never satisfactory. Having thrown out more tenants on a s21 than probably Barmaid has I can tell you the tenants is poddling around and has no intention of giving vacant possession on 30 July.

and so....

he has to wait until 30 July and then apply for eviction
which he does thro PCOL
fill out the form - pay the fee and wait for the court date
attend court and apply for possession
PCOL now allows you to apply for rent arrears
If he has NOT put the deposit in a scheme ( silly silly boy ) then he has more hoops to jump thro and needs professional advice

If the tenants has four kids ( is one under 5 ? ) then she has to be rehoused by the city BUT of course they insist that there is an eviction order ....

um that is about it
there is lots and lots on these threads about chucking out non paying tenants on a s21. and on the internet. have a browse

the fact that the landlord will be homeless on the date another tenant should give up possession and almost certainly wont - is irrelevant and certainly does not allow the LL to go in and evict himself... oh no...

[david small]

I would never rent for income, too many hassle's.

[trt]

Very confusing post!!!!

[braverino]

Thank you one and all!

[EDDIE51]

I am assuming the friend and the landlord are the same person, and the friend/landlord needs the property back to live in it themselves.

[Peter Pedant]

// Very confusing post!!!!//

oops sorry I try hard to be clear in this thread....
[ chatterbank and news, I much less careful as I think only 20% read the posts anyway ] and so

david small's post should be

I would never let for income - too many hassles !

renting is where a tenant pays rent to a landlord - clearly not a money maker and letting is where a landlord get money from a tenant ....

think selection and 80:20 rule - 80% of the landlords time is spent collecting the last 20% of the rent ...

[Peter Pedant]

// I am assuming the friend and the landlord are the same person, and the friend/landlord needs the property back to live in it themselves.//

actually doesnt matter- the law is the same
and he ( landlord / houseowner ) cant go back and do a 'do it yourself' chucking out.

because the lady has kids and would be homeless on a valid tenancy, all she does is go down to the town hall and fill out a form and the City will take over the case on sure legal grounds and try to recover the costs of rehousing the tenant at short notice

currently being covered in 'nasty neighbours' tee vee prog - where the small woman landlord with big glasses had changed the locks and failed to place the deposit in a deposit scheme ( wh prevents rent arrears actions - oops ) -
and she already ( this week ) had to start over again ....