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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70522
Experience:  Over 5 years in practice
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I have given my tenant a section 21 in March to leave as I

Resolved Question:

I have given my tenant a section 21 in March to leave as I need to go back to the property myself or be homeless, The council who pay her rent are saying they will still not class her as homeless and she needs to find new accommodation herself? she is not doing so and just keeps saying no one takes DSS. she has just been left property by her parents but is selling it rather than move in as it only has two bedrooms and my house has 4. but she only has two boys? she was a friend but now is giving every excuse under the sun not to leave. meanwhile I will end up losing my home if I don't get back in soon. Please help I have no money as my marriage has broken down and I have two children myself that still live with me I am desperate. Her tenancy ends in march 2015 anyway but I thought the whole reason for a section 21 and tenancy agreement was for you to legally end it early? the agreement was for three years which as I said comes to an end on march 2015.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking how to evict her?
Customer: replied 2 years ago.

Yes and how much would it cost? as she knows I haven't any money.

Expert:  Jo C. replied 2 years ago.
It isn't expensive to get a possession order. It is just slow.
You have to give her until the contract runs out before you can even act I'm afraid.
If the tenant refuses to go then you will need to apply to court for a possession order. The tenant will be liable for your costs.
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.
Jo
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