Tenant is asking that we issue a section 21 to her ???

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    Tenant is asking that we issue a section 21 to her ???

    This seems a bit strange.
    We have a tenant who has asked us - to serve a section 21 on her.
    This is a quote from her email.

    "Upon reviewing my contact the caseworker informed me that my contract was an AST, and in order for my Landlord to end the tenancy I must be provided with valid section 21 notice. My caseworker informed me that if I left the property without following this procedure then I wouldn't be entitled to any help from the local council as I would be classed as making myself voluntarily homeless.
    Could you please look into this matter and arrange for a valid section 21 notice for be issued as soon as possible. Whilst I don't want to cause you any inconvenience, as I am sure you can understand I do want to follow the correct procedure I have been recommended in order to ensure that I can find suitable housing and have access to help where needed"

    I think she is asking me to evict her so she can get a council house ?

    I think she believes that the section 21 has a date 4 months hence, and then on that day she walks out of my house and the council will provide her with a new home

    My understanding is that - the council will ask her fight the eviction, and only when the courts agrees to evict her, and only when the bailiffs physically evict her do the council have an obligation to house her.

    Can anyone clarify exactly when and what the council / caseworker will / must do?
    Many Thanks Paul



    #2
    The council should but in practice wouldn't do anything until you have a date for the bailiffs to arrive to evict her.

    Homelessness won't instantly get someone, even if they qualify, a council house. There's a difference between obligation to provide emergency housing and the council house queue.

    Asking to be evicted via s21 is making herself voluntarily homeless. Be a shame if someone informed the council of this.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      It depends where you are. In most cases they will put her into temporary accomodation (not a council house) only when it's been through court and she's on the street with her suitcase. Most councils don't have empty houses sitting waiting for people like her. My ex tenant got a council flat when I issued him with a S21 and moved in before the S21 had expired (pre covid). My council seems to have adequate single person housing but not family housing. Most councils don't have enough of anything. Might be worth making sure she knows how long she's likely to be in B&B for before she voluntarily moves out

      Comment


        #4
        And once the S21 is issued she will stop paying rent....

        Explain that you will issue the S21 if she agrees to sign a form accepting that all other aspects of the paperwork are properly received (PI, gas, EPC etc), pays 6 ,months of rent in advance, and agrees not to defend the S21 in any way, or defend any aspect of the deposit return (xyz) following an inspection you will carry out in advance of the tenancy ending. You will of course refund any excess advance rent once the tenancy has ended.

        In the alternative she can get a guarantor who could be a member of the City Council or perhaps the caseworker.

        The answer will be no.

        Comment


          #5
          This type of collusion under certain circumstances could be fraudulent and I would strongly advise not doing this.

          I would doubt she has been told to do this by her caseworker, if she has they could and should lose their job for such a suggestion.

          The reality is what counts and however you disguise it your tenant is making herself deliberately homeless so will gain nothing. Homeless teams have heard everything from all sorts of people and are not stupid.

          Comment


            #6
            I'd reply and ask what are you supposed to do when the council ask why notice has been served?
            They'll do that as a matter of routine, and you're not prepared to assist them in their fraud.

            My guess is that they've told the council that they need a council house because you want to evict them.
            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


              #7
              Don't do it! And make sure you keep all correspondence.

              Comment


                #8
                It could end up in court with the landlord giving evidence under oath!

                Comment


                  #9
                  AndrewDod,

                  rubbish, the council will not re-house people who are in arrears because it will be classed as they made themselves intentionally homeless.
                  the thoughts that run through peoples heads like yours are disgusting. demanding a huge lump sum of thousands of pounds for nothing, from someone who likely wouldnt be able to find that much.

                  Comment


                    #10
                    I read AD's response as an exaggerated retort to the tenants ridiculous fraudulent request
                    More disgusting to try and manipulate a council house at everyone's expense, surely

                    Comment


                      #11
                      Originally posted by bobthebuilder2 View Post
                      AndrewDod,

                      rubbish, the council will not re-house people who are in arrears because it will be classed as they made themselves intentionally homeless.
                      the thoughts that run through peoples heads like yours are disgusting. demanding a huge lump sum of thousands of pounds for nothing, from someone who likely wouldnt be able to find that much.
                      Hmmmmmm...

                      Comment


                        #12
                        Originally posted by KTC View Post
                        ..............etc etc etc...

                        Asking to be evicted via s21 is making herself voluntarily homeless. Be a shame if someone informed the council of this.

                        - well, if it made sure someone with (what the average punter on the Clapham omnibus thought was..) higher priority need got a property instead, I'd have to disagree.

                        What is a shame is it appears many landlords evict contract-breaching tenants(eg rent arrears, damage, ASB..) with just s21, not informing council of full facts and toad-like tenants get rehoused quicker than those with IMHO more urgent need.

                        There is a case for s21 abolition, as has similarly happened in Scotland, with better/more grounds for other eviction routes...But that model could be improved...

                        re Bob's comments
                        Originally posted by bobthebuilder2 View Post
                        AndrewDod,

                        rubbish, the council will not re-house people who are in arrears because it will be classed as they made themselves intentionally homeless.
                        the thoughts that run through peoples heads like yours are disgusting. demanding a huge lump sum of thousands of pounds for nothing, from someone who likely wouldnt be able to find that much.
                        - as long as council has copies of s8s, rent statements etc, and old landlord provides no reference or only a full, honest, one - so private landlords see red flags...

                        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


                          #13
                          Actually Bobthebuilder2 I think AndrewDod is spot on. We are a business not a charity and obtaining social housing by fraud is a criminal act. Your comments are out of order.

                          Comment


                            #14
                            Thank you everyone.
                            Interesting thoughts and comments.
                            I have declined to file a S1.

                            Comment


                              #15
                              Originally posted by Jon66 View Post
                              Actually Bobthebuilder2 I think AndrewDod is spot on. We are a business not a charity and obtaining social housing by fraud is a criminal act. Your comments are out of order.
                              i wouldnt call suggesting a way with extreme requirements in order to collude with the tenant to obtain social housing as spot on. not asking for thousands of £ mid tenancy, that isnt due, is hardly being a charity is it, infact by demanding that and no contest to deposit claims id probably call it extortion.

                              Comment

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