Tenants making themselves intentionally homeless

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenants making themselves intentionally homeless

    I'd like some clarification on the above please. I'm aware that when council tenants are evicted for rent arrears etc, the council can refuse to re-home them because they are deemed to have made themselves intentionally homeless.To ensure I understand this correctly, does this mean they (tenants) will have to rent privately ie find a property on their own without any help from the council? Therefore, does making themselves intentionally homeless have an impact on their prior entitlement to housing benefit, when renting a new property etc?

    In addition, what about tenants who commenced renting on a private basis but who later, through change in circumstances, were in receipt of housing benefit for the same property, would they be likewise deemed to have made t themselves intentionally homeless, if they were evicted for the same reason ie rent arrears etc? And again, what impact, if any would this have on their entitlement to further HB?

    Thanks everyone.

    #2
    See Shelter's website
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Deliberately making yourself homeless has two effects (which are separate).

      If someone has deliberately made themselves homeless, a local authority is not necessarily obliged to provide emergency accommodation.
      But that's not black and white.
      A single tenant who makes themselves homeless might be a simple situation - where it's a household, it's unlikely that all members of it have made themselves homeless, just some of them, so the local authority has to review the situation on a case by case basis.

      The same situation arises with entitlement to council housing, although that's more complex as the points system gives different weights to different factors, so it's a negative, not a show stopper.

      There shouldn't be any effect on housing benefit, but the system is pernicious and doesn't work properly, so who knows in practice.
      If you were receiving housing benefit and paying no rent at all, you might have issues - if you were receiving housing benefit and it wasn't enough, you are probably a typical recipient of housing benefit.

      Two overriding factors.
      Shortly housing benefit will simply be an element of universal credit.
      Local Authorities in many areas simply have no housing stock and it isn't a viable option for many.

      The solution is not to be evicted for arrears, but to be evicted using s21 - which is a no reason / no-fault route.
      Most local authorities will insist on using a court hearing to test that the notice is valid (which costs the tenant £300 plus if it is).
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Thanks v much JPKeates for explaining this further. Much appreciated!

        We're not the tenants but the landlords. We've a tenant who I'm more than fairly sure is in receipt of some form of HB. Rent payments can be a bit inconsistent sometimes.

        Comment


          #5
          Hi again-I've have since learned (from a fairly reliable source) that our tenant's wife has some 'mental health' issues and it's possible he may be acting as her carer-hence the basis for the LHA.

          Just planning ahead, I'm wondering, assuming this is the case, if this situation could possibly have any impact on a successful Section 21 eviction? If so, what would this be etc? (I wouldn't put it past it him to hinder/delay the process by any means possible!)

          Thanks again!

          Comment


            #6
            At least at one time, the council would interpret leaving at the expiry of a section 21 notice, without having replacement accommodation, as making oneself intentionally homeless, meaning they would not provide alternative housing themselves. The council used to and maybe still will advise the tenant that they must not leave until legally forced to, i.e. when the bailiffs arrive.

            This was certainly the case when Can't Pay We'll Take it Away was filmed, and may still be true.

            Comment


              #7
              It also applies to home-owners or those with a home elsewhere in the world or Daily Wail-reading "Brits" coming back from abroad (where they had, say, rented flat).
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment

              Latest Activity

              Collapse

              Working...
              X