In view of gov likely to extend eviction ban again

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    In view of gov likely to extend eviction ban again

    Happy easter all, our tenant stopped rent in Nov 2019 (way before Covid), after broken promises to pay we used a solicitor to issue sec 21&sec 8 , they advised us to use s21 accelerated , fast forward after eviction bans to Jan 21 finally got possession order granted , totally ignored by tenant (they know the system), back to court for warrant of possession , hit with another eviction ban , my question now is , i cant see the floodgates opening for no fault bailiff evictions , so would i , or even can i be better to now use the section 8 , if possible ,we are both retired, first time landlords, thought it would help boost the pension, what a joke

    #2
    You've got a possession order. What good is a 2nd one?

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      #3
      Are they (the govt) likely to allow S8 evictions, and relax the current S8 terms while continuing to ban S21 evictions?

      I’m also wondering this as I have a warrant for possession ready to go (S21 eviction) and I’m wondering if it will ever be enforceable...

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        #4
        Given that the Govt have talked about a tapered easing of eviction restrictions, perhaps this is what they have in mind. Possibly to allow S8 evictions to proceed after 31 May, whilst extending the ban on S21 evictions, but who knows?

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          #5
          Enyala The worry for landlords in my position is how long will the ban on s21 evictions last past May? If a month or two, fine. Six months, well ok (this has taken 15 months to date). If it gets kicked down the road another year and then abolished, that leaves landlords like me high and dry.

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            #6
            May be you would have to try another route such as S8 wanting to sell up or Move in yourself. Are there arrears or do you want possession for another reason? Perhaps the plan is to ban S21 evictions until such time as S21 is scrapped altogether, which is going to happen at some point (as you say). The problem is the not knowing.

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              #7
              Enyala There are two reasons for evicting them. The 100yr old cottage will not meet future EPC regs; even with the property vacant it will be difficult to bring up to EPC-C standard. Original plan was to evict, take stock and start major renovations. After consideration and the past year, it’s just not worth it; rooms are already too small and awkward and the 100K+ it would cost would be much better put toward a demolition and rebuilding (a house to rent out as a holiday house)
              The other reason is that the tenants are just awful. Horrible to deal with; anything that goes wrong must be fixed by yesterday, they put everyone’s nose out of joint by their attitude and it’s hard to get tradesmen to go back. They went a bit loopy 3 years ago when the farm got snowed in for 4 days- demanded that I should be having the access road cleared of constantly drifting snow when even the nearby A1 was blocked 🙄. They Ended up getting mountain rescue to ‘save’ them🙄. The tenants have also been abusive to my elderly mother on more than one occasion. A multitude of minor run-ins and randomness and they have to go.

              S8 is not currently possible; the tenants have been running 6weeks behind on their rent, but I have the feeling they will not pay this month as they just crashed their (non-MOTd, non taxed, uninsured) car and had to buy another. Last time that happened, a year ago, they went a month behind on their rent so I suspect that will happen again.

              I will never (willingly) sell. The house is in the middle of land I own so selling it would probably devalue my land by more than I’d get by selling (a bit like if you had a large garden and sold off a shed in the middle of it).
              I lived in the property for a decade before these tenants moved in, but I have no intention of moving back in unless my relationship with my wife heads South!😅.

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                #8
                Sounds like an awful situation ​​​​​, I’ve been so lucky with my Ts But then I do hand pick them. Could you not decide to sell up or move back in, go the S8 route, but then have a change of heart? I’m not sure who, if anyone, actually checks up post eviction on what actually happens with the property.

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                  #9
                  Wow, what a mess..... my best guess is that it will be extended, i see not reason why it would not be, the govt are running scared and if they did lift it totally...... the flood of evictions would overwhelm the councils.

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                    #10
                    I think my tenants will be looking to find council accommodation when(if) they get evicted (apart from anything else, I don’t imagine they will be asking for a reference). For the past year they have been on the council’s priority list, and while the accommodation on offer may not match up to the quality, location or size they have now, they have had ample opportunity to get moved, but are treating the council’s housing officer as an enemy. I suspect that, when(if) I am able to enforce the eviction all available council accommodation will have gone and they will be left in a very sticky situation.

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                      #11
                      Originally posted by Slackjawedyokel View Post
                      For the past year they have been on the council’s priority list.
                      I deal with housing associations/councils in my job, and i can tell you for sure, that unless they have very urgent care needs or similar, they are not on any priority list whilst they still have a home (i.e your rental property). When they are evicted the best they can hope for is emergency accommodation, do they have young children ? Any disabled people to care for ?

                      I suspect they are in for a very rude awakening. There appears to be a myth around abouts that councils have a ready available stock of nice shiny houses with a choice of bedrooms, nice gardens and in the area they want, just sat there waiting for the next needy family to walk into, at a reduced or zero rent of course.

                      The right to buy has reduced the stock of available properties massively, the ones that are still available are often in areas they may not want to live in, they have not been purchased for a reason !! We all see how many new council/social houses have been built in recent decades....... FYI.... not a lot !

                      They are in for a bumpy ride when they do get evicted.



                      Comment


                        #12
                        Slackjawedyokel,

                        I'd contact the council and explain the situation to them - the tenant is behind in their rent and hoping to be evicted so they can get a council house. Ask the council if there is any way they can help your tenants get a place. That way the council will know they are getting themselves intentionally homeless and,if they're like my council, won't house them.

                        Comment


                          #13
                          Hudson01 I’m not aware of any particular care needs of my tenants; they are a retired couple, although it is possible that they have needs that have not been disclosed to, or are not apparent to me. I’m pretty sure they are alcoholics, but that’s neither here nor there. I’ve not been in touch with the housing officer directly but my agent has been and unless my agent is downright lying they are on the priority list. My agent has told me that the housing officer has lost patience with them as she has told them plainly that they will be put in emergency accommodation when evicted unless they get on and start applying for the council accommodation that’s available, yet they have not applied for any.

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                            #14
                            Berlingogirl These tenants will be getting an S8 notice too when the time comes. They may end up in a much worse situation as they could have found council accommodation by now.

                            Comment


                              #15
                              If you have a possession order, it's unlikely to be possible to get another one on a different basis.
                              Although it's understandable why you'd want to, the court is likely to decline to consider a second attempt at the same goal.
                              It might be worthwhile asking the solicitors for their views.

                              If the tenant owes rent, you should probably be claiming that as a separate issue, MCOL or even using the solicitors again.

                              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

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