Deliberately homeless?

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    Deliberately homeless?

    My tenant is a single mother of 3 children, unemployed. She's been my T for around 8 years. Partner left earlier this year.

    The house and garden are in a state of disrepair. I served S8 and S21 and T said she would make the repairs, however 2 months on and nothing has been done so I'm going to evict her.

    She knows she's going to find it difficult to get another property as she has a dog (part of the problem) and a disabled child (in a wheelchair). I have asked the housing department at the council to help her, but, as you can imagine, they've been no help at all.

    As T hasn't done any of the repairs and I'm evicting her on that issue (if it gets any worse social workers might demand I make it suitable (black mould, no toilet seat, laminate flooring ruined, back door wrecked by the dog, rubbish piled up, garden overgrown etc). Do you think the council will class her as intentionally homeless as she has made no effort to improve the situation, knowing I will evict her if she doesn't?

    Your thoughts would be appreciated.

    I've posted about this T before but couldn't find my post.

    #2
    Deliberately making yourself homeless impacts a councils obligation to provide accomodation for someone who is, otherwise, homeless.
    That's a short term situation.
    It's an entirely subjective decision made by 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


      #3
      The council are obliged to help her soon after the start of the section 21 notice. However, the aim of the help is to avoid homelessness, and the easiest way of doing that is normally try and fault eviction notices, or failing that, hold out for the bailiffs.

      I would imagine the intentionally homeless decision would depend on whether they though she was capable of helping herself. If she has learning difficulties, they might decide it wasn't intentional.

      I would suspect that even if the black mould is the tenant's fault, unless you take steps to remove the mould, if not the cause, it could be used to counter your eviction.

      Comment


        #4
        I hope you are using the s21 rather than the s8, BG.

        Comment


          #5
          jpkeates i thought it might be subjective. There was only so much I could do for this family, but now T is taking the p and trying to play the 'I'm a poor single mother, surely you won't evict me?' card.

          leaseholder64, I issued the S21 and S8 about 2 months ago and she convinced the council and me that she could and would make the repairs. I would dread going into the property to remove the mould - the place is minging. Could it counter a S21? I can see this being a long eviction as the council know full well there is no suitable (adapted) property available and that they have a dog, and that they're not going to get a glowing ref from me (the T knows this).

          JKO yes, I'll be using the S21.

          Comment


            #6
            Unless you can demonstrate that the tenant prevented you from maintaining it, the fact that it is "minging" will probably be used as a defence for any section 8 eviction. You might get away with it if you progress the section 21 before it expires, but the tenant may be advised to raise it as a formal Housing Health an Safety Rating System issue, and, if the council accept it, you will be barred from any subsequent section 21 until you fix it, as the section 21 will be treated as a revenge eviction.

            Comment


              #7
              Originally posted by leaseholder64 View Post
              as the section 21 will be treated as a revenge eviction.
              I thought the revenge eviction restrictions were
              1. S21 issued after tenant complaint, and subsequent council notice, or
              2. S21 issued after council notice.
              It appears that in this case there has been no complaint and no notice prior to S21, so S21 should not be invalidated under revenge eviction legislation.

              Comment


                #8
                That's why I qualified the remark by saying she might be OK if she progresses the section 21 before it expires.

                Comment


                  #9
                  I'm progressing with the S21 tomorrow. It's been just over 2 months since I issued it. The T hasn't complained to the council, so I should be ok.

                  Comment


                    #10
                    I would think the outcome after the eviction is going to be driven by the disabled child. Unless the mother is really bad, they will have to find a solution that keeps that child with the mother, as the long time costs of splitting them are likely to be higher, and the fostering will be difficult with a disabled child.

                    Comment


                      #11
                      BTW, isn't this case another example of anti-landlord legislation actually making things worse for tenants?

                      If BG were not worried about revenge eviction legislation nullifying any s21, she would not be forced to evict straight away.

                      Comment


                        #12
                        Originally posted by leaseholder64 View Post
                        That's why I qualified the remark by saying she might be OK if she progresses the section 21 before it expires.
                        Sorry, I missed the subtlety of what you were trying to say.

                        Comment


                          #13
                          Originally posted by leaseholder64 View Post
                          I would think the outcome after the eviction is going to be driven by the disabled child. Unless the mother is really bad, they will have to find a solution that keeps that child with the mother, as the long time costs of splitting them are likely to be higher, and the fostering will be difficult with a disabled child.
                          The mother isn't really bad. In fact, she isn't bad at all. She just can't (won't) look after the property and it's a mess. I've spoken to the homeless team pleading with them to find some where suitable (there isn't anywhere) or adapt my property. The homeless shelter is near the T so the children wouldn't have to change school, but whether the council would accept the shelter is suitable for a disabled child (there are groundfloor flats) or not I don't know.

                          I really have given this family every opportunity to get their act together but it's reached the point where I have to consider my valuable asset.

                          Comment


                            #14
                            The last section of the last post is totally on point...... you are not a charity and the disabled child is NOT your responsibility, its the mothers first and foremost and she can do what she needs to do if she wanted too, and then its the local authorities responsibility to take care of the child if the mother is not prepared to, either way i would be doing what you are now.

                            Comment


                              #15
                              I applied for an accelerated possession (having issued a Section21) and T has defended it. I'm doing this so she can be rehoused by the council in an adapted property and I've explained this to her. If I don't evict under s21 she'll be there forever, struggling with a disabled child. Her defence is lies. I advised her by text not to defend the possession . Honestly! I'm doing my best for her. Am I missing something (apart from a hard heart)?

                              Comment

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