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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have served section 21 on my tenant back in September requesting

Resolved Question:

I have served section 21 on my tenant back in September requesting vacant possession on 7 December (the end of the tenancy). She has texted me today to say she may need to stay another week as she has lost the property she was hoping for. She is trying to blame me for not giving a good reference which I was only asked for yesterday. My reference simply stated she paid the rent on time every month.
What are my next best steps to ensure she vacates on Saturday?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

There's no way of forcing her to go on Saturday if she refuses. Obviously you can make the point that you will go to court and seek a possession order and she will be liable for costs etc. If that fails though, you have to use the eviction procedure.

You have the advantage of having already served the S21 notice. The truth is that is generally the largest cause of delay. You can rely upon that for 12 months so you are home and dry.

You can apply for possession here

https://www.possessionclaim.gov.uk/pcol/

Its not expensive to do that.

How long it will take depends on the court listings in the area but you can seek accelerated possession so its much quicker than it used to be.

You should get an order instructing them to vacate within 14 - 28 days. A judge can give them up to 42 but there’s no justification for that here. I would brace yourself for 28 days though given that this is a private residential tenancy.

Then if they fail to go you can apply for Court bailiffs to evict them. Again, this depends on the pressure upon them in area but its much quicker than it used to be. They do have to serve proper notice upon the tenant of the date they will attend which usually adds about 2 weeks. Thereafter though, they will evict them.

Its quite unlikely to come to that though. Mostly tenants don’t wait for bailiffs to attend.

Hope this helps. Please let me know if you need more information.

Customer: replied 3 years ago.

She texted to say she may have a problem and may need another week. Is it best I ignore her text , grant her the extra week or respond stating my intention to have vacant possession on Saturday?

Expert:  Jo C. replied 3 years ago.

Is she reasonable or likely to have a tantrum?
Customer: replied 3 years ago.

likely to have a tantrum

Expert:  Jo C. replied 3 years ago.

Then it doesn't really matter all that much what you do. There are people that just can't be negotiated with.

Personally, I would text back saying that if she does not leave you will seek a possession order and claim costs against her. She will fly into a tantrum.

The truth is that if she does go in one week then there's no point in a possession order but you would have a claim for the lost rent against her.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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