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Will our tenant get out ?

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smurfchops | 14:35 Sun 27th Jun 2010 | Business & Finance
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Rented outan unfurnished flat on a year's tenancy, haven't heard if tenant is moving out or not at end of tenancy ... not a word. Given her another two months and served her with a Section 21 so she should move out in two months. We gave her some type of 'roll over' for her tenancy agreement and now decide she has to go. But what if she doesn't pay her rent for these last two months just to be awkward? Would we have to go to court? if we go to court, what would we have to pay a solicitor ? Rent is approx £800 per month.

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As far as I am aware if she does not pay rent you would have to take her to court and you may end up spending more than you are owed. Our landlords previous tenants didn't pay rent for months before they finally got them removed and they never recovered what they were owed. It sounds like you have done all the right things regarding the section 21 etc... Do you their bond in the national bond scheme?
We rent our house on a rolling tenancy. We paid, I seem to recall, something like two and a half month's rent up front as a deposit. When we leave, the return of that deposit is conditional on our leaving the house in good condition and on all rent being paid up to date.

If you took a deposit when your tenants moved in, then you would be entitled to deduct what you're owed in the same way. If you didn't then you'll probably have to go to court if they don't pay up. You'd have to weigh up the cost of a solicitor against what you're owed.

Taking a bond/deposit is essential in an agreement like this, for both sides. If you haven't done so this time, make sure you do so with your next tenants.
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Our managing agent took the deposit, I am just wondering if we are entitled to take the rent out of it if the tenant doesn't pay. Don't really want the hassle of going to court, especially if it would make me worse off moneywise. Apparently our agent said the deposit isn't for unpaid rent, but for cleaning the place if she leaves it messy etc. It doesn't seem fair that we can't take the rent out of her deposit.
hi smurf. Im sure your agent can advise appropriately, but just to add my bit... If at the end of the section 21 your tenant hasnt left, the only way to evict legally is to apply to the courts for a possession order.
always take out landlord insurance
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Well everyone, apparently the letter from the managing agent saying they were going to change the locks, put the fear of god into her .... she rang me . All sorted. All I wanted was a phone call to let me know what was happening.

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