What should I do if my tenants won’t leave despite health issues?

HI Godfrey,
Sorry to hear of your illness.
When you say "2 months' notice", how was it done? Sorry to be harsh on you, but unless it was done on a Section 21 it's not worth the paper it's written on.
The NRLA have templates of Section 21. If you are unsure how to fill it out, ask someone at Landlord Action to help you (Paul Shamplina). Better to pay a little upfront and get the job done properly.
Ignore the threats. This is all about your own health and wellbeing.
It's free to threaten someone. Few tenants will bother to do anything about it.

a s21 is purely a Notice that you will be seeking possession on the expiry date not that any tenant has to give you possession on that date. Though many tenants do not understand this and do vacate.

You will need to apply for a Possession Order if they do not vacate. And, depending on the tenant and the advice of the Local Authority, possibly then a Bailiffs Order.

Sadly some Courts are saying to use the rent from the rental property for a landlord to rent somewhere else for themselves.

What does your tenancy agreement state about service of documents and termination?
Do not serve any notices/documentation via WhatsApp, it's not, I don't think recognised by the Courts as a service method.

Join Pims.co.uk to download all the forms you will need and for excellent advice as to procedure and if any problems.

ALL your pre-tenancy, start of tenancy and tenancy documents are in order? Deposit protected? etc

Reply to the comment left by Markella Mikkelsen at 13/11/2024 - 09:27
Section 8 has a ground for when an owner needs their property back to live in. Section 21 could be abolished before the matter is dealt with by a woefully inadequate judicial system.

The truth is that the tenancy doesn’t ‘expire’ in November. Only the fixed term ends.

The reality is that the tenants may not be able to find somewhere else that is suitable for them. Godfrey may need to proceed to the next stage of the possession process and seek a Court Order for possession, and then on to appointing a Bailiff if the tenants still don’t leave.

Gidfrey’s medical condition may gain some sympathy in Court but I wouldn’t rely on it.

I wholeheartedly recommend that an eviction specialist is appointed to deal with this case. It’ll be money well spent.

I hope that the treatment goes well. In the meantime, stay where you are and check your right to remain in your current home.

Hi Godfrey

Sorry to hear of your issues.

If you're asking about s21 it doesn't sound like you have served a proper notice so you need to get this done formally first of all. Serve it as per the tenancy agreement or standard notice protocols; oyu coudl use WhatsApp as a back up, but you ought to serve at the tenant's address as per the tenancy agreement.

Have you got all the relevant pre-start compliance documents? If not then you cannot use s21.

You really do need an eviction specialist to guide you through this.

These are horendeous situations amd I am sorry for us landlords who have to experience these real life events. I am hoping that these examples are sent to Shelter or to Ministers to answer - asking for advice? What would they say... Assuming you have a morgage to pay - like we all do - rent money would first have to cover that before being able to use it for renting elsewhere... its all so unfair !!

It could be a very long protracted process to get these tenants out as they’re clearly up for a fight. You’re going to have to go to Court I reckon to sort this out which could take between 12 and 18 months. Definitely instruct an eviction specialist such as Landlord Action or Landlord Group. You’ll find a lot of the stress is taken away from you. They deal with these issues day in and day out so know exactly what to do. They’ll first check all your paperwork is in order. I’ve only had to evict a tenant once and I was so grateful that Landlord Group held my hand and dealt with it all for me. It’s still stressful but at least you’re not handling this on your own.

This proves that no matter how well you think your relationship is with your tenants as soon as they don't like something they throw their dummy out. This one sounds like it could get ugly so I'd use Landlord Action to add some weight and make it look like you're not going to mess around. Refusing their rent increase offer will be sending a message in itself. Good luck with everything.

I've used Legal for Landlords many times for evictions and found them to be very good and reasonably priced.

Reply to the comment left by Helen at 13/11/2024 - 12:22
Sounds as though you need better referencing for onboarding tenants:-)

I have just had an agent reference coming back giving the all clear. Both tenants are employed by the same family company and that company's main asset is a loan to the dad, so if the dad doesn't repay the company may be in trouble and unable to pay their salaries! So much for agent credit checks, I had to check myself to find out this risk.

Thank you all for your kind wishes and advice. To answer some questions: I didn't issue a Sec 21 back in September because I've never done it before, I had always got along well with the Tenants so as the TA was expiring in Nov I thought telling them verbally over the phone and then via WhatsApp would be sufficient.
I didn't take a deposit.
The Annual Gas inspection was due a couple of weeks ago but as the Tenants informed me they wouldn't be returning from 'holidays' until Nov, I have simply asked them to let me know when they return and I'll sort the inspection out. Up until a few days ago I thought they'd be leaving 27th Nov anyway so with me moving back into the property within a few days I probably wouldn't have bothered with a Gas Inspection just for myself. How many private home owners do?
So should I serve a Sec 21, get one of the eviction specialists to do it? And do I need to pay for a Gas Inspection even though they've ignored our Agreement to move out?
The Tenancy Agreement does actually say that: Any outstanding rent due is charged at 4% above the Bank of England base rate and ANY expenses incurred in the Eviction process including the serving of Notices is fully recoverable from the Tenants.
I can see myself either begging to stay on people's sofas or eventually having to rent somewhere for myself while these Tenants carry on living in my house. I can only wonder whether I'll be able to get that money back?
Update, the Tenants complained 12 months ago about damp. It turned out they had not been opening windows after making steam in kitchen or after showers and were always drying clothes indoors. It wasnt damp it was condensation. I showed them how to clean the area with bleach solution and they offered to paint over. They also promised to open windows and stop drying clothes indoors etc. I checked the TA and it is very clear that Condensation is the responsibility of the Tenants.
I've just been contacted by the LA because apparently the Tenants have reported me - presumably from India! And even though I have explained everything the LA are taking the side of the Tenants. They have also reported me to the HMRC claiming I haven't been paying tax!
My Cancer makes me feel ill and fatigued every day and is enough to worry about. I really don't need this additional stress.