Tenants want me to collude in "evicting" them

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    Tenants want me to collude in "evicting" them

    I have just been asked by my current tenants if I can write a letter to them evicting them (and can I backdate it).

    There are no reasons to evict them, they have paid the rent on time and been good tenants. The tenants (a young couple) gave me two months notice that they want to vacate the property on 1st Feb 2006, which is ample notice.

    The reason they want me to write a letter if eviction is that they have been on the council waiting list for the past 10 years, and now they are unexpectedly expecting their first child. Having been down to the council to ask to be put under urgent for a house they have been told they have two options:

    1) Wait in line another five years, at least for a council house.
    2) Get present landlady (i.e me) to evict them from my property - thus ensuring them priority on the list.

    Of course, being good tenants, whm I have had no problems with - I would like to help, and write a letter for them. They will then present this letter to the council.

    I feel for them a bit - the situation they are in is very hard - they're a young, hard working (both work) but struggling couple with an unplanned baby on the way, they can't afford to rent/buy anywhere bigger than my property (which is way too small for a family). Maybe I am too soft because I am myself a Mummy of a 14 month old and I know how hard it is having a baby in the best of circumstances.

    However I presume writing a letter of eviction on no good basis to get them bumped up the housing list is probably illegal, and I am very wary of what to do.. I do not wish to get into any trouble myself !

    So you see I am stuck between a rock and a hard place...

    My question is therefore a bit "What would you do?" or maybe someone has been in this situation/knows what to do (or not do!) and can advise me a little.

    Thank you in advance for your help

    Gnomey

    #2
    Oh dear - I might be wrong, but I dont think a letter from you advising them that they are evicted will cut any crust with the council. They will regrettably require evidence that you are legally evicting them, will need a court judgement to this effect (a possession order) and maybe a court bailiffs letter advising said tenants of the date and time that eviction will take place.
    As the council will not want to obtain any indication that said tenants have intentionally made themselves homeless, the only way to do this is to serve on the tenants a correctly worded section 21 notice giving them 2 months notice. When this has expired, a fee of £150 needs to be paid to the local county court to obtain a possession order by the accelerated procedure. If this is not sufficient for the council then a fee of (I think) £95 is needed as well to get the court bailiffs to enforce the order and their letter containing an eviction date and time should make the council do the necessary. The total time to go through this rigmarole is possibly in excess of 4 months and the court will expect the tenant to pay the court and bailiff's fees.
    Although I am not advocating this, by collusion with your tenant you can pre date the S21 notice and knock 2 months off the total time.

    Unless anybody else knows differently, I am sorry to be the bearer of bad news.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      YOu can do as P Pilcher says and issue a section 21 backdated.. but this may not get them bumped up the list!

      My sister has been issued a section 21 it has now expired and they are just about to return the paperwork to the court. Ever since recieving the section 21 they have had regular meetings with the council. My sister has an 8 week old baby and they are in a small one bed house. On reciept of the section 21 my sister and her partner began looking for other private rentals but despite having a deposit and a guarantor they have been declined! The council are now wanting them to go through their new bond scheme which again means looking for private rental.

      Just my sister your tenants may not get a council place, you can evict them and the council could house them in "temporary" B&B or a very nasty hell hole in the back of beyond.

      Sorry to be soo bleak but you and your tenants need to know the flip side! A section 21 may not get them what they want!
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

      Comment


        #4
        Agreed - in my town, any tenants for whom the council is forced to find a home are currently being dispatched to a particularly nasty 'hell hole' estate about 50 miles away, at the other side of the county; there being no vacancies locally. Not much fun for the young single mum I came across recently.

        Comment


          #5
          dont do it

          i have a family and a disabled husband. we have been on the waiting list for 4 1/2 years but our landlord was asking me to pay cash on top of the rental amount on the AST we refused and are now being evicted. Because of people like your tennants my family could be moved away and our only chance of getting back into work lost.these people should find somewhere else to rent,do not give in to them. think about all the people with children living in bed and breakfast or hostels that need rehoused,those facing unfair eviction,would you really want your tenannts to be given a house that one of those families could of had.

          Comment


            #6
            I can't believe that councils advise tenants to sit put until evicted. As only a court order can evict someone then this usually means having to wait a few months and private landlords having to foot the court bills as well as potential rent. Not to mention the anxiety and stress involed in evicting/being evicted.
            Can't the coucil just accept that a Landlord is under no obligation to renew a lease and that if the fixed term has come to an end then that should be that if it's the Landlord's wish??!! It doesn't neccessarily mean that the tenants have done anything wrong.
            This is just irresponsible advise. If a tenant of mine was ever advised to do this at my cost I would get that name of the person they spoke to and make a complaint.

            Comment


              #7
              Sam, as I and my sister have just found out the landlord does not have to bear the cost ... the tenant does! If a tenant wants a council place it is not in their interest to not pay the rent as this gives rise to the making themselves homeless and the council will not help them ... so again a section 21 is often the method preferred by tenants after a council place, unfortunatly council housing stock is becoming harder to come by and many ppl are remaining in Private accomodation or "temporary" accomodation.

              Mole, these people have been on the list 10 years, I can see your frustrations but these people have been on the list many years, its not like they have not been on the list and they are looking for a bump up it.
              GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

              Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

              Comment


                #8
                I'd agree with the above. Councils have all been told to cut the number of homeless people, and the number of people in temporary accommodation in particular, so they push as many people as they can into the private sector. I don't think you said how big your property is, but I'd have thought they would be better staying put if they can afford it- council housing doesn't come free, anyway! If the wife stops work when the baby is born, they might get some Housing Benefit.
                The council has a duty to give them a copy of their allocations policy if they ask for it, from which they could see whether expecting a baby and being evicted is enough to push them up the list.
                Only other thing I can think of is advise them to go to their local CAB to check if there are any benefits they can claim now to help them out.

                Comment


                  #9
                  I totally understand that it's not the tenant's fault.
                  My gripe is with the system and the councils. So they have been told to cut the numbers - fine. But look how they go about it - at the expense of Landlords and Tenants.
                  It is not the Landlord's responsibilty to house people - their reason for going into this business is investment. Eviction processess are for trouble tenants. They should not be used as a way of stalling for time for local government to get their act together.

                  Comment


                    #10
                    trouble

                    justaboutsane.i disagree ok they need to be rehoused but there are lots of people who wish to move.They are not even overcrowded! they are not in any need because they gave 2 months notice not the landlord.asking the landlord to give you a backdated eviction for no reason can get both the landlord ant tenant in trouble.in my area the mp and the council are clamping down hard on these people(landlords and tenants). i know how hard it is and even though i have not been on as long i am getting evicted because my landlord was asking for more rent than the AST states.do you think they deserve it just because they have been on longer? the council is set up for the highest priority not in years!!!!!!

                    Comment


                      #11
                      Originally posted by Sam
                      I totally understand that it's not the tenant's fault.
                      My gripe is with the system and the councils. So they have been told to cut the numbers - fine. But look how they go about it - at the expense of Landlords and Tenants.
                      It is not the Landlord's responsibilty to house people - their reason for going into this business is investment. Eviction processess are for trouble tenants. They should not be used as a way of stalling for time for local government to get their act together.
                      In many areas social housing is not in the control of the Council. In my area all social housing is managed by a housing trust who have very strict rules about rehousing people who are evicted (mainly because of the shortage of all social housing)This is not 'stalling for time, but making sure that cases are genuine, not set up - as in this case!

                      The MP in all areas does not control the housing, council or otherwise. An MP deals with National government, the Council deals with local government (which is why you elect both MP's and Councillors). If the housing is under a housing trust, then neither have any authority to make changes locally.

                      What you tenants want you to do OP is illegal and makes it even more difficult for genuine cases to get a home.

                      Comment


                        #12
                        I've just gone through exactly the same thing...tenant wants a council house, can you please evict us, bla bla bla. I did this for my lot back in August and they are only just moving out now, and to tell you the truth, I think the place they are moving into, which is a flat and not a house, is probobly alot worse than what they had with me.
                        But getting back to your question, just serve them with a S21, get them to sign the back of your copy stating that it is a true copy of the original, get them to drop their copy off at the town hall, and that should do, but just make sure the dates are right, ie, 2 months minimum.

                        Comment


                          #13
                          Thank you - & outcome

                          After a bit of deliberation and discussion with the tenants, I have decided to serve a S21 for them, it seems my best option. I told them to go down to the CAB (thanks Caroline!) and get some advice (which they did). They told them this scheme for eviction or an S21 thing probably won't work, and if it does they might get put in a hostel/B&B - which re-iterates what has been said here. The tenants are desperate and willing to live with this.

                          The tenants have agreed to stay for the required two months notice that an S21 states - it gives them more time to sort things out and me more time to find a new tenant/s. Although I would not mind if they stayed, I undertsand why they have to go. I've told them I am not prepared to lie for them and "fake evict" them. They also know the consequences of making themselves intentionally homeless (ie not paying rent) - they will get removed from the housing list permanently.

                          As far as I see serving a S21 with two months notice (not backdated) from me would be OK and not illegal. What they do next is their problem I guess, as far as taking the S21 to the council, maybe that is enough to help them, maybe not.

                          Thank you everyone for your help

                          Dr. G-nome

                          Mole - I know where you are coming from and I would like to help everyone in a bad situation. When the baby comes it will be overcrowded for them and they can't afford anything more, my property is a very small one bedroom house. The guy is also disabled so there is a genuine need as far as I see. If they had been waiting for only a few years or so, I would have not been eager to help - but 10 years !? I hope everything workes out for you - it sounds like you are in a bad situation too.

                          Comment


                            #14
                            court

                            i am going through this and you might have to think about court costs as most councils will not give prority unless you have an eviction warrant which means going to court you as the landlord will have to pay about 150 pounds for this and they may even wait for bailiffs which will cost you more.i dont want to argue with your decision i just want u to be aware of the possibility if your tennants are desperate you might have to go to court. i have been told a section 21 is not enough and the tennant must stay in the property as long as legally allowed which is until bailiffs remove them.if you leave the property before then you are making yourself homeless and will not be given help!!!
                            maybe you should go and see the cab yourself.

                            Comment


                              #15
                              Originally posted by mole
                              i have been told a section 21 is not enough and the tennant must stay in the property as long as legally allowed which is until bailiffs remove them.
                              Different councils have different policies, I have not had this situation arise as yet but I have been told our council (whenever possible) re-house at the S.21 expiry date.

                              Comment

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