Evicting tenants who are going on council waiting list

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    Evicting tenants who are going on council waiting list

    I just found out from my letting agents that the tenants who I have served notice last week have applied for a council house.

    Notice runs out at the end of April, and I’m naturally a pesemistic person and I’m thinking it’s all gonna go wrong, can anyone offer any advice on the process if the tenants are not out by the end of the notice period, I understand that I would have to go to court, but if the council have not found them accommodation by then could it be that they have to stay longer? And where would I stand legally when it comes to that?

    #2
    They are allowed to stay until the bailiffs arrive. The council will almost certainly insist they do that, or treat them as intentionally homeless, and deny them housing.

    When the notice runs out, you have to apply for possession, and once you have an order for possession, you need to book the bailiffs. That typically takes several months.

    Comment


      #3
      So if I apply for a possession order which costs £355 the tenants have 14 days to challenge it, most likely with the argument that they have no where else to go, then would there be a hearing?

      Comment


        #4
        The last lot I tried to get out in similar circumstances were advised by the ' eviction/prevention of homelessness' team of the council. This couple had 3 kids and the father was a Class A user/dealer in a 1 bed house. The council tried every trick possible to keep them in the place and it took 6 months to remove them.
        There are no spare council homes, in fact there is a dire shortage of council/affordable accommodation.
        To answer your question, yes a hearing followed by up to 42 days 'stay' depending on circumstances BUT the courts are running months behind in case of S21 eviction. Allow at least 4 months to remove them via the courts.



        Freedom at the point of zero............

        Comment


          #5
          Wow! I’m hoping they will keep paying while this is going through as they seem to want to better their finances!

          however am I right in saying that I can recoup my court costs from the tenants? If everything on my end is done correctly? I know that might be like getting blood from a stone but I want to at least try!

          if they were to stop paying rent, where would I stand there?

          Comment


            #6
            If they stop paying rent, tell the council, who should then take them off their waiting list as intentionally homeless.

            (The council might tolerate underpaying, if the tenants really can't afford to pay, but they shouldn't tolerate a total refusal, or paying less than they can afford.)

            Comment


              #7
              Originally posted by Jennie30 View Post
              So if I apply for a possession order which costs £355 the tenants have 14 days to challenge it, most likely with the argument that they have no where else to go, then would there be a hearing?
              If you served valid s21 notice, there's nothing the tenant can do to stop it taking effect, them having nowhere to go isn't a defence.
              When the notice expires, provided you're sure it's valid and there's a written tenancy agreement that you have a copy of, you can select to use the accelerated possession process, when a hearing isn't sometimes necessary.

              They can challenge the notice on all kinds of technical grounds - there's a lot to get right in a s21 notice.
              And, there might be a hearing, but the most likely outcome is a written notice awarding possession or declining to proceed because something is wrong.

              If the tenant qualified for council housing, they'd be in council housing by now, being homeless doesn't change the eligibility criteria much.
              And council housing stock is pretty non-existant in most places.
              Your tenant should be looking for another rental property, not relying on the council.

              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


                #8
                I am confident all the paperwork is in order, a lettings agent set it all up for me and a solicitor did the section 21, so therefore if something is wrong it’s on the agent or the solicitor! I have also received all the paperwork too and it all seems to be in order.

                I know the lettings agent have tried to get them to apply for another property but from what I have been told they have sent a list as long as my arm of repairs that they expect to be done on the property before they will even apply! 🤦‍♀️ I’ve even seen the property online it’s well nice! Even nicer than my property! 😂

                this is is one of the main reasons I am hanging up my landlord hat because these tenants have been awful by asking for needless repairs and just basically harassing the lettings agent and myself for things they should be able to take care of themselves! I’ve spent about 10k on the property in two years. One of the repairs was to actually change a light bulb! I’m not kidding!

                Comment


                  #9
                  In which case, the ideal thing is to make sure the tenant knows that any of the costs associated with the court hearing and bailiffs will be awarded against them, so the ideal thing for them is to move out in line with the notice.
                  The council tend to miss that part of the process out when advising tenants what to do.
                  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


                    #10
                    Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

                    What Notice did you serve? s8 for rent arrears or a No Fault s21 (Form,4)?

                    Comment


                      #11
                      Originally posted by mariner View Post
                      What Notice did you serve? s8 for rent arrears or a No Fault s21 (Form,4)?
                      You could try looking at the posts, where this is answered.

                      Comment

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