Council giving advice to tenant to stay in the house

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    Council giving advice to tenant to stay in the house

    I am hoping you can help give me some advice please. I have a AST agreement for 24 months with a tenant (friend of the family). It started June 2020 and ends June 2022. I had added a couple of break clauses. I had served a Form 6A and give the tenant 4 months notice. Which she was happy to accept as she wants a council house and is struggling to pay the private rent. The council have advised the tenant that she does not have to leave the property until June 22. I used the following break clause.

    LANDLORD’S ONE-OFF BREAK CLAUSE AFTER THE FIRST 6 MONTHS OF
    THE TENANCY. The Landlord may end this Tenancy on the date which is 6 months after the start of the Tenancy by giving the Tenant at least 2 months’ notice in writing. Can anyone advise me if I am able to use the break clause now and what I should do about the council please?

    #2
    Why did you provide the T with a 24 month tenancy? Your break-clause has elapsed as it was in the first 6months, so your T has the right to stay in the property until the fixed term ends. If you are helping the T get a council house, this would be fraud, please look at other threads in this forum as this topic has been discussed numerous times.

    Comment


      #3
      I agree that the break clause gives a one off opportunity to bring the tenancy to an end, which has passed.
      My guess is that the council are correct.

      If you do serve notice to your tenant to expire after 22nd June, the council will almost certainly tell the tenant to remain in the property until you evict them through the courts.

      I don't know where in the country you are, but the idea that council properties are available for people who want them Is likely to be wrong.
      Most councils have very limited stock, which is allocated to people in serious need and is often poor quality.
      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
        Originally posted by jpkeates View Post
        the idea that council properties are available for people who want them Is likely to be wrong.
        This made me smile.

        In a former life, around 2001 or so, I had a business in one of the most run down and deprived areas of Bristol.

        We all joked that the residents were inbred - which did have a lot of merit to it back then lol

        You see, when "Alice" (or anyone else) became pregnant with her 4th child at 16 they would trot down to the Council Office (handy as it was next to the off-licence and post office) to claim her council house.

        When told she would go on the housing list, young Alice would simply say "there's an empty council house between my moms and my sisters, so I'll have that one" - and she would move in a week or so later, swiftly followed by the taxpayer funded furniture and white goods vans.

        We had an awful lot of Alice-types around and - not kidding - you would end up with a street of 30 houses "rented" by just two family groups - and they mingled.

        ANYWAY - those same properties are now £150,000 minimum and more "affluent" people are moving in.

        I wonder where the grand-children of Alice are living now?




        My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

        Comment


          #5
          Bristol and Cambridge seem to have two of the most disfunctional property "markets" outside central London.
          It's almost as if rapidly rising housing prices aren't sustainable forever.
          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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