Is the Council right in saying this

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is the Council right in saying this

    Served S.21 to get out awful tenants - the whole story mentioned on another thread - have now received a letter from the Council asking if i would reconsider eviction as the tenants have a small child. They seem to be under the impression because i am getting HB payments to me directly all should be well. I am writing back to them saying this does not cover the rent arrears etc which they owe a substantial amount.

    But there is a paragraph in the letter that is troubling me:-

    "This letter is to inform you that following the receipt of a possession order from the County Court you will have to subsequently request Court Bailiffs to attend at the property to evict the tenant. Until this process has been observed, the tenant will have the legal right to remian in the property.

    We have advised the tenant on their rights to remain in the property throughout all stages of possession. If the tenant vacates the property before they legally have to they could make themselves intentionally homeless."

    I can't believe the Council is telling me i will have to fork out more money to get the tenants out via bailiffs! I thought once there is a possession order from court, the council should try and rehouse them (if they are eligible - which i hope they are not - all this stems from rent arrears - not passing on months of HB received onto the landlord). Is there anything i can quote back to the Council in my letter to respond to this i.e. some Act or Council policy?

    Any help much appreciated.

    #2
    Going through this now but Im a tenant

    What are the reasons for you evicting them as given in the notice?


    As for the below
    We have advised the tenant on their rights to remain in the property throughout all stages of possession. If the tenant vacates the property before they legally have to they could make themselves intentionally homeless."
    If the tenant is being made homeless through no fault of there own then the tenant can leave now once the notice is over and the council will help have to help by law aslong as they have met the 5 stages of homelessness

    If they are being evicted through rent arrears of anything else that could class as there own fault then the council are not obliged to help them at all.


    Im in the same situation however its not my fault and the council have found us somewhere to live but we are running out of time and the bailiffs are due on the 25th as the landlord wont give me a few extra weeks that I need and my partner is 31 weeks pregnant

    Comment


      #3
      Sorry just noticed that you said its because of rent arrears

      No the council wont do anything for them until you get the bailiffs so more cost for youbut you will get your property back

      So just get the bailiffs out you dont have to tell the council has thats upto th tenants to sort that out
      The bailiffs will send a letter to the tennants telling them they have 2-3 weeks maybe sooner before they will come and remove them from the property
      Its then upto the tenant to give the council the letter

      And tbh from my dealings with the council they wont do nothing until the last minute and try and stall things as much as they can and are useless but I can understand why they dont want to help your tennants

      Comment


        #4
        We had to do a S21 to tenants badly in arrears. The court actually warned me that it could be a long road as some councils will insist that every channel through the courts is taken right up to the eviction with bailiffs before they would re-house.

        We were lucky (!) that we got them out the stage before we had to enforce, but the tenants of course still had the benefit of free accommodation whilst all the form filling and fee paying was done.

        Nine months on and we are still chasing them for money after successfully getting a CCJ on them. We've tried court bailiffs, but that's not progressing at all, but that's another story.

        Anyway, keep on top of the dates and file each stage as promptly as you can.

        Best of luck.

        Comment


          #5
          The advice you've been given sounds the 'norm' given the number of threads posted by landlords evicting HB claimants who are miffed to find that the council advises the tenants not to leave when they've been served notice, otherwise they will fail to qualify for social housing.

          The context is that there is a shortage of social housing so councils are keen not to hand out their properties to tenants who have been served notice, and to try and reduce the demand as much as possible.

          The homelessness laws mean they are only required to house those that haven't been deemed to have made themselves homeless (i.e. that they left the property of their own volition ahead of eviction proceedings).

          Though written for tenants perspective, you will find the Shelter website very helpful to understand local council's obligations and the processes involved for homeless applications.

          This also advises that tenants who did not pay rent when they could have are also deemed to have made themselves intentionally homeless (i.e. eviction for arrears). So that council may resist giving them social housing when they've been evicted anyway.

          I've come across threads where landlords can't be bothered to report the arrears to the local council as they just want shot of them and think it will slow things down further if they cooperate with the housing officer and provide this information.

          If the tenants owe the following sum of rent, serve an S8.

          Ground 8: that the tenant owed at least two months' rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.

          Comment


            #6
            There is a thread somewhere on LLzone that says this kind of waiting is now frowned upon and is 'bad practice' by councils to do so. There is some regulation/ law that specifies the correct process, but some councils are slow to change. Sorry this is so vague.
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

            Comment

            Latest Activity

            Collapse

            • Reply to Can I Stay in the Property to Make Repairs?
              by jpkeates
              The guidance says that preparing a property for rent or sale is work that is allowed to be done in this phase of the lockdown.
              And staying in another property for work is allowed.

              So travelling somewhere to work and staying there overnight is fine.
              03-06-2020, 17:04 PM
            • Can I Stay in the Property to Make Repairs?
              by DJVera
              Hi all - I'm new to this so apologies if this (or similar) has been dealt with somewhere else!
              I own a property in the south west but currently live in London. I've been renting the property out privately. My last tenant moved out in January 2020 and I was planning to get quite a bit of (much needed)
              ...
              01-06-2020, 13:38 PM
            • Reply to Can I Stay in the Property to Make Repairs?
              by DPT57
              Yes, I agree about the acting reasonably and interestingly the legislation seems to allow for this too through the use of the word "include"

              For the purposes of paragraph (1), the circumstances in which a person (“P”) has a reasonable excuse include cases where....
              03-06-2020, 17:00 PM
            • Reply to My tenant lied to me
              by Uklondoner
              The rent has to be two months or more in arrears? My case the tenant owe me less than two months can still do the form?...
              03-06-2020, 16:50 PM
            • My tenant lied to me
              by Uklondoner
              My tenant lied to me saying he missed the first universal credit payment. But actually according to one of my friend the payment normally only take two weeks to come directly to the bank account. What can I do? Can I find a way to let the universal credit directly make overdue rent payment? I really...
              03-06-2020, 09:54 AM
            • Reply to My tenant lied to me
              by theartfullodger
              As a stupid landlord I take grave exception to your slur, Sir!

              Next week, amazing, unexpected, revelations that from time2time landlords lie to tenants.............. and agents from time2time lie to landlords AND tenants... and MPs & a particular special adviser seem to lie to most...
              03-06-2020, 16:22 PM
            • Reply to Access to sheds
              by DPT57
              Possibly, although I was basing my comment on this phrase in the original post:...
              03-06-2020, 16:21 PM
            • Access to sheds
              by endymion
              Hi. We have been renting a flat for the past decade under an Assured Shorthold Tenancy. The flat is one of five in a single block. The back garden contains a large outbuilding comprising ten sheds. Implicitly, then, two sheds per flat. The inventory does contain the wording 'Garages, Sheds, Outbuildings:'...
              03-06-2020, 10:09 AM
            • Reply to My tenant lied to me
              by Uklondoner
              Thanks so much !...
              03-06-2020, 16:21 PM
            • Reply to Access to sheds
              by AndrewDod
              Then you need to go the route I said. Unless there is a lease which specifically defines the demise of Flat X that includes the shed(s) there is no reason at all to explicitly exclude anything....
              03-06-2020, 16:17 PM
            Working...
            X