Incentivise the tenant to vacate before the Section 21 expires?

Incentivise the tenant to vacate before the Section 21 expires?

0:01 AM, 14th February 2025, About 21 hours ago 11

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The tenant has rented the two-bedroom mid terrace house since 2009 and is now five months in rent arrears. A Section 21 has been served with all the correct documents checked by a legal firm. The Section 21 expires on 25th March.

It took numerous visits, emails and telephone calls to arrange for the expired gas safety certificate to be renewed. The tenant sites poor health, as the reason not to allow any visits. The property is untidy, but has been well maintained.

There has been no communication from her, and I expect her to stay after the Section 21 expires, as she likes living there. This would need to go to court to seek possession and rent arrears. Apart from obtaining a CCJ, I don’t think she will ever be in a position to pay back the arrears.

If I wish to incentivise the tenant to vacate before the Section 21 expires, will this have an impact on taking her to court to seek possession and trying to reclaim the rent arrears? Any suggestions are welcome.

Also, if they refuse to leave what would be the next step?

Thanks,

Martin


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Cider Drinker

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8:31 AM, 14th February 2025, About 13 hours ago

Section 21 isn’t for rent arrears. How do you plan to recover these? Why didn’t you use Section 8?

The tenant. would be best advised to leave only when she have a new home to move to.

DPT

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10:11 AM, 14th February 2025, About 11 hours ago

You have to be careful how you make the offer or the tenant could claim harassment. Take advice before doing it.

Steve Rose

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11:37 AM, 14th February 2025, About 10 hours ago

It might be useful viewing this from the other perspective.
Where do you expect her to go? If she accepts payment and leaves voluntarily, then she loses the right to be housed by the council. If she is 5 months in arrears with you, it is very unlikely she will find accommodation in the private sector.
My guess is that the local housing office will instruct her to stay put until the bailiffs knock on the door. By which time you'll be at least another three months out of pocket.
Have her circumstances changed? You make it sound like she's been a reasonable tenant for 15 years, but has recently run into difficulties due to her health. Why don't you approach the council and offer to let her stay if they pay the rent direct to you and clear the backlog? Everyone's a winner.

kame401@hotmail.com

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11:38 AM, 14th February 2025, About 10 hours ago

Reply to the comment left by DPT at 14/02/2025 - 10:11
Hi DPT,
This is my concern, hence looking for advise.

kame401@hotmail.com

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11:39 AM, 14th February 2025, About 10 hours ago

Reply to the comment left by Cider Drinker at 14/02/2025 - 08:31
Apparently a claim for rent arrears can be brought with a section 21 and a claim for possession N5 and N119 forms.
Section 8 would take too long to go through the courts and the tenant may not have any funds to pay back anyway.
With a previous tenant I served a section 8 and it took 5 months to reach court then the judge postponed it for three months due to mental health assessment for the tenant.

kame401@hotmail.com

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11:42 AM, 14th February 2025, About 10 hours ago

Reply to the comment left by Steve Rose at 14/02/2025 - 11:37
Good suggestions

Markella Mikkelsen

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12:07 PM, 14th February 2025, About 9 hours ago

It sounds to me like she has been a good tenant until now. Try and find out what has happened to change this. Sometimes a friendly chat and an understanding that you are trying to help her find a solution, not fight her, is the easiest route.

Tenants bury their head in the sand. It's easy to do. Try and get her to unbury it. You will both fare better.

Jonathan Willis

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15:26 PM, 14th February 2025, About 6 hours ago

You can make a cash for keys offer. You could make an offer not to pursue rent arrears if they agree to sign a deed of surrender and return keys on date x.

Otherwise it is possession with costs, plus the rent arrears, which will show as a CCJ on their credit report for 6 years.

It the tenant is just waiting for council help because they have no money. Then they'll hold out regardless, because the council will consider them intentionally homeless by giving up possession of the property before baliffs arrive.

In case they do have money, it maybe worth reminding the tenant that the council will consider them intentionally homeless if they are evicted for rent arrears, when they could have paid it.

Craig Vaughan

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16:24 PM, 14th February 2025, About 5 hours ago

I incentivised a tenant to leave with a grand in his hand on the explicit understanding that at the same time, he ended the tenancy in writing, with me agreeing in writing to waive the months notice...he signed an immediate there and then deed of surrender (which formally, legally and irreversibly ends a tenancy).

I did this on video, with witnesses signing all relevant documents

Once they were signed, I escorted the tenant off my property, having helped them move out

I was told this would be fraught etc etc, but done formally, in writing, with witnesses nothing could not did go wrong.

You can mess about for what will be another 6 months...losing that rent AND whatever rent a new tenant would be paying if they were in, or you can grab a grand and the relevant paperwork and get it sorted

To be clear:

I gave a grand, by bank transfer.

I waived the last month's rent

I arranged and paid for help moving him out

If back rent is owed, you could take a view and tell them in writing that you will waive it, or a percentage of it...

EGN

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18:40 PM, 14th February 2025, About 3 hours ago

I think this can go really well or horrendously wrong. Unfortunately, my case was the latter. I served s21 and waived rent during the 2 months notice period as an incentive, and still tenant did not move out. Prior to this I had offered deed of surrender which the tenant declined. I should have taken this as a sign that the waiver of 2months incentive would not work. Turned out tenant was waiting on bailiff order to benefit from council housing!
My advice: carefully assess your tenant's financial situation. If they have been paying rent consistently but suddenly fell on hard times, then perhaps the incentive may suffice to get them to move before s21 expires. However if they are persistent in not paying on time or in arrears for long time (mine was), then they may just see the incentive as another 'freeload' opportunity, knowing fully well they have no plans of moving out without the bailiff order.
I think this advice from above is great one: Why don't you approach the council and offer to let her stay if they pay the rent direct to you and clear the backlog?

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