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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice.
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My tenants contract was up and were due to move out on the

Resolved Question:

My tenants contract was up and were due to move out on the 15 June. I gave them 2 months notice and served a section 21. They are saying they are struggling to find somewhere they like so are refusing to move out until they have found somewhere.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

How can I remove them?!

Expert:  Remus2004 replied 3 years ago.
What type of contract is this?
Customer: replied 3 years ago.

As far as I know it's a standard tenancy agreement drawn up by the agent

Expert:  Remus2004 replied 3 years ago.
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.

Since the AST has expired they will now be on a periodic agreement but you can rely upon the S21 notice.

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.
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