Advice Needed

[Confused2022]

Hello!


I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues, warnings etc.

However, the couple have now been advised that the LL is now looking at selling the property.

The difficulties are that they have very bad credit due to ill health and cost of living increases but the rent has always been paid on time.
They wont be able to rent from an agent, and private landlords have been sought but in a few weeks they’ve looked within 200 mile radius and there literally no new ads some days when others want professionals or the property has already gone.


Please don’t shut the following information down as one of to these tenants is high risk, many health problems and is considered vulnerable.

With advice already gained, they need to wait until bailiffs actually attend before leaving, to enable them to be rehoused by the council, the council whom covers this in the area have actually confirmed this via email.

The question to be had is, because they will potentially need to pay 6 months upfront to get another place, if they withhold rental payments now will this speed up the eviction, so in turn actually be worse for them as they’d need to find somewhere quicker.

As of now they have a glowing reference but obviously this won’t be once they refuse to leave when notice is given.

Finally, how long would, on average as I’m aware it varies on location, would from notice to bailiffs eviction take at the present moment in time?

Thanks in advance

[jpucng62]

If they want to be housed by the council they should ask the LL to issue a S21 & take them to court to get an eviction notice.

Not paying the rent is a very bad idea - they may be deemed intentionally homeless & the debt will work against them.

It is absolutely ridiculous that Councils require people to be evicted before offering support. I understand they have no housing but it jut shows how broken the system is.

Alternatively, they could ask their LL if they are willing to pay them to go - its not something I am in favour of but if the LL is keen to sell with vacant possession they might consider it. That might help them secure private housing.

[Confused2022]

Thank you for your input.

The council were approached before they got this rental and the response was even then, you’ll be waiting 10 years and may never get a council property.

But now they are saying the only way they’ll be considered homeless by no fault of themselves is to be served notice and evicted by bailiffs and staying until the day that happens and then produced themselves to the council offices as early as possible on the day.

I have heard about some LL’s paying tenants to leave and surrender the tenancy but what is a ‘fair’ price to ask for?
The real concern now is so few rentals about which obviously LL will favour a professional.

They are going to need at least 6 months to be able to find another place even then at a push, can this be given by a legally binding agreement?

As I understand they will be served with a Section 21, no fault eviction but at this stage it has just been verbal advance warning.

[davetg]

Hello!

Finally, how long would, on average as I’m aware it varies on location, would from notice to bailiffs eviction take at the present moment in time?

Thanks in advance

I have a bailiff appointment on 17/5/22 which if it goes to plan will end a section 21 eviction that started on the 20/8/21 so a few days under 9 months but the notice period was 2 months longer then, due to covid, and the court made a mistake which cost me a month so a timescale of 6 months would be more representative.

[Confused2022]

Thank you.
Seems like a realistic timescale 6 months for eviction.

It’s hoped they could have 6 months to find another rental, maybe during summer or towards the end more rentals may come available.
I’ve never seen the rental market so quiet, only a handful of places.

Are there any agencies around that take HB tenants? I’ve never come across one as I know even if they do they want credit checks.

They’ve actually been paying over the HB rate for the entire time due to even then not being able to find any place cheaper.

[Yorkie2020]

So sad to read your post and to hear that the landlord is selling up. It's something I keep hearing about more and more. Before you blame the landlord for selling up, the government have been making it harder and harder for landlords every year and a lot have just had enough and are selling up.

PRS housing is getting harder and harder to find. And any landlords left will only accept the best possible tenant. Sorry to say that if I had a prospective tenant that had been evicted or had a CCJ for not paying rent, I would not accept them. There are too many better options available and our houses are normally let within a week of going on the market and we have a huge choice of tenants within the first week.

The government are going to keep bashing landlords to win votes until there are non left and the homeless finally rebel.

When the EPC C comes into effect I see a mass sell off of older houses which, especially in the North of England, which will require about 2 years rental income to even come close to paying for improvements, a lot will never make it to a C. Why even consider spending 10k on a house that is probably not going to make the grade?

With current house prices, I see a lot of people cashing in or rents will have to go through the roof to help pay for the upgrades.
From quotes I've received recently, that's about 10% of the value of the house at today's inflated prices.

We would like to keep our houses, but may be forced to sell some of the D rated properties to pay to keep the rest. Whoever buys them are probably not going to be in a position

Now only looking at buying anything that has just had a comfortable C rating issued. I wouldn't consider buying anything that is currently a D. So would have to sell 2 houses to buy 1.

Great news for anyone that is ready to get on the housing ladder, but bad news for people that can not get a mortgage.

Unless the councils builds more houses then there is going to be no hope for a lot of people

[davetg]

"I’ve never seen the rental market so quiet, only a handful of places."

Speaking to my letting agency they also have never seen it so quiet or had so few rentals available. All the extra taxes and legislation on landlords, the talk of abolishing S21, EPC C minimum and high property prices have lead to many landlords selling up.

"Are there any agencies around that take HB tenants? I’ve never come across one as I know even if they do they want credit checks"

Partly supply and demand. If the choice is between a long void or taking an HB tenant landlords may have considered it in the past but the shortage of rental properties in many areas means landlords can be choosy . For years I had a good relationship with the local council and rented several properties to HB tenants - the rent was slightly lower but I had no agency tenancy find fees, the tenants were usually long term, HB rent was paid direct, voids were minimal and they took good care of the properties. This all ended when one of the tenants had their HB suspended for fraud and the council insisted she remained in the property until the day before the bailiffs arrived. I have never considered a HB tenant since.

[Confused2022]

Really does look bleak on the rental side of things.

It’s one of those situations where one persons wrongs can ruin it for the rest.

I have heard about all the new legislations coming into play and those being considered.

Wales brings in 6 month notice periods in July, and I think that’s caused most LL to sell up and get notices issued before it takes affect.

Yet the council are not building new properties yet allowing people to come into the UK and they house them in hotels etc while telling our own people that they must wait until bailiffs turn up.

It’s causing these two endless worry and having an especially damaging affect on the one with health issues with now worrying how, when, where, and if they’ll find another place in time.

I guess if no where can be found the council will put them in a guesthouse? But I cannot imagine the doctor will be happy about that given the health issues.

Trouble is most of the places are above HB rates and obviously no LL wants to consider someone who HB doesn’t cover fully, but they’ve paid well over HB rates for almost 2 years which can be written into the reference.

When I’ve watched bailiffs on tv before they’ve even said they are sympathetic to some of these people because the council literally want bailiffs to remove them before they’ll even give them temporary accommodation, all that does is cause more stress, and only delays the end which remains the same anyway.

I am guessing that HB can be paid to someone who rents a AirBnB property at a month at a time ? As worst case scenario this is what they may have to do in the short term.

Ultimately they’ll have to stay in the property until bailiffs remove them and they’ll lose a glowing reference.

No mention of the place being sold with tenants in situ but looking online I can see that will put most people off.

[ash72]

You should consider speaking with the case worker, they can sometimes help re-house someone without going through the stress of going to court etc. May be another option to explore.

[DPT57]

If I were the landlord I'd be very interested in that email from the Council which sounds like it's breaching the Homelessness Reduction Act, or at least the Govt guidelines on its implementation.

[AndrewDod]

And do the people who caused this terrible fiasco for tenants (Shelter, various ignorant people in government) care one jot. No they do not.

There mere fact that Shelter folk are not campaigning about sorting out the EPC threat (for example) tells you everything you need to know about how much they care about actual tenants as opposed to political theory.

But the problem has only just started. It will no doubt be blamed on "the cost of living crisis", Brexit and Ukraine, and the people who cause all this misery will sit there in smug satisfaction.

[Hudson01]

I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with the EPC C coming in that is the final nail in the coffin. I can honestly say that i have never known it as bad, the situation you describe seem to lead itself onto trying to get what ever council housing you can, if your friends go into more private rented housing then in the next few years those landlords may well sell up as well. I can offer no comfort here i am afraid, if you have any time then contact your local MP and put forward all we have said here.........but i doubt they will either listen or even understand. All the very best.