Tenant not leaving after eviction notice?

All depends on where you are as the rules are different for England/Wales and Scotland. Assuming you are in England as the tenant has not vacated following the service of notice you will now need to apply for accelerated possession via the courts, at the same time you would also need to ask the courts permission to escalate to the high court. Which ever way you do it you are still looking at potentially a 4 - 6 month wait to get the house back.

Or sell with sitting tenant to an investor

I have just experienced the same thing. Tenant refused to leave after section21 as was advised by Citizens Advice and the local authority to wait until a court order is issued. They are unwilling to deal with their housing application until this is received.

I applied for accelerated possession and once the initial notice was served to the tenant she has now been offered a property through social housing and I am getting the keys back today!

I can still apply to reclaim the court fee (£355) but will not need to proceed further.

The entire process from issuing S21 has taken 4 months and been so stressful. I feel so relieved to now finally get our property back!

Stick with it, let the process run its course and good luck!

Going through a similar situation where tenants have had 7 children taken off them for alleged drug abuse and substance in 3 of the young children.
Following the S21 route but despite the best efforts of the local court who are excellent, the legal process is too long and even after the judge has given a warrant for possession the tenant can, even up to the very last minute, go back to court to have an order delayed/set aside.
Tenants know how much it costs landlords whereas I understand they do not have to pay if limited income (so I am advised)
The system is wrong in terms of time and cost....
Whilst costs are allegedly and/legally recoverable, getting them from someone who has nothing is impossible.
Minister and the Government need to listen to those who know what is happening rather than those who think they do....

Reply to the comment left by Charlene D at 13/01/2023 - 11:20
I bought a flat with sitting tenant which I bought on the understanding the tenant was paying £775 per month they weren’t paying however because they wanted to be evicted and given social housing. I tried the section 21 no fault eviction but I couldn’t proceed because I had not been given the original gas safety certificate from 5 years ago! I can only evict using section 8 for being more than 2 months in arrears. Court hearing delayed because the land registry have taken months to transfer ownership. I have had to request expedition and still might have to postpone hearing if this doesn’t complete in time.
My advice - go through a solicitor rather than eviction company because those costs are not recoverable or covered in landlords insurance. Ensure you have all legal paperwork ie assured short term tenancy contract, how to rent guide and gas safety cert for when the tenant moved in if the property has one if you intend to evict or sell with tenant in situ.
Has taken me a few months already. Worst case scenario you could sell to a property buying. That’s who I bought mine off at auction.

Ring your local court and ask them how long they are taking for a court date/
My local court is 6 weeks and has just given the tenant 2 weeks Court Order to Vacate the property

That's how terrible and incompetent the government manage the housing sector....and society tolerate.... it doesn't work or help anybody.... we are all losers and the politicians make decades of enriched living career within ....

The only thing I would add is, if worse come and you go into arrears....be open with your lenders that you are taking the right action to deal with it...it certainly will cost you more but managing the situation to avoid any possession action against you is key...good lucky..

I work at a company called LegalforLandlords, we do this sort of thing day in day out!

Give us a call on Monday - 0344 567 4001 and we can discuss further options with yourself 🙂

You might wish to waive £1k in front of the tenant in cash and tell them once they leave the property that they will get the money. Write up a simple contract that bars them from re entering the property and agreement for a cash payment on departure and hand over of keys. Change the locks the same day. The court system will take months and solicitors etc will cost you a fortune. Far quicker and easier to tempt them with cash to go. Money is the best motivator in these situations.

This is normal now and I really feel for you Mel. My last one took 20 months and left me £15,500 out of pocket.

It might be worth offering them £1000 or more in cash to leave now. It does seem to work in many cases and is a LOT cheaper and quicker than the standard process. I sold a six bed HMO recently with two outstanding non-payers. The new owners paid everyone £1000 and kicked them all out within the week!!

Hope of help