Tenant not leaving property - what are the next steps

Fuzzy

Frequent Poster
Messages
25
My husband and his sister own an investment property and have had tenants (a couple with four children) for approximately five years. A valid notice of termination was issued to the tenants in May 2018, to vacate the premises as they want to sell the property, and they were to vacate by October 2018. They have given the family a lot of additional time to look for an alternative property to rent due to the housing shortage. However, my husband since took the matter to the PRTB in June and an agreement was reached (with PRTB mediating) earlier this summer that the tenants would vacate the property by 1 September 2019. This was agreed and signed by all parties, including the tenants. However, the tenants still have no alternative accommodation and has stated they are unable to vacate the property by 1 September.

My husband is now thinking of seeking a court order to enforcement the PTRB agreement. However, has anyone any experience regarding this including how long this process should take? PRTB advised they should not accept rental income whilst this process is being carried out; but if the process is going to be a number of months, my husband and sister in law will be out of pocket with little chance of ever recouping the rental income

Any advice greatly appreciated!
 

cremeegg

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Messages
3,018
I dont know the answer to your question, but if you were advised in writing by the RTB not to accept the rent, you probably should take that advice.

If you need the money meantime I would write to the RTB and say that you will be seeking to recoup any unpaid rent from the tenant and asking why you should not seek to mitigate your losses at this point.

Please let us know how you get on and good luck.
 

Feemar5

Frequent Poster
Messages
294
Whatever the PRTB say I would not advise refusing the rent - do your relations think that the tenants are actively looking for a place - if they are genuine they may need a few more weeks and as they have been there for five years I would try and work with them. Eventually you may have to go to court, but I would see that as a last step. The PRTB don't seem to have any teeth in enforcing orders.
 
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